Scottsdale, AZ asked in Family Law and Child Support for California

Q: Refers to Family Law - specifically determining child support obligations when parent are not married.

We have been living in San Francisco CA and have been together for 20+ years. We have never married and my partner claims our 2 kids (ages 16 and 10) on her taxes. Of course I want to take care of my kids, but as a bartender, I don't make enough to pay for her rent (which is rent controlled) and a place for me. I'm trying to determine how to calculate child support. I presume that, since we never married, I'm not obligated to pay alimony, right?

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2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: child support is calculated using a formula mandated by law. https://childsupport.ca.gov/calculate-child-support/ Usually, with non married co-habitants, there is no obligation to pay "spousal" support. There are certain limited circumstances however, where some manner of support may be ordered.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Refers to Family Law - specifically determining child support obligations when parent are not married.

We have been living in San Francisco CA and have been together for 20+ years. We have never married and my partner claims our 2 kids (ages 16 and 10) on her taxes. Of course I want to take care of my kids, but as a bartender, I don't make enough to pay for her rent (which is rent controlled) and a place for me. I'm trying to determine how to calculate child support. I presume that, since we never married, I'm not obligated to pay alimony, right?

As an unmarried parent, you are still obligated to provide financial support for your children. In California, child support is determined based on each parent's income and the amount of time each parent spends with the children. The state has a formula that is used to calculate child support, and the amount of support is based on the parents' net disposable income. This includes income from all sources, such as wages, tips, and self-employment income.

If you are the non-custodial parent, meaning the children primarily live with their mother, you will likely be ordered to pay child support. However, if you have shared custody, the child support obligation may be split between you and your partner.

In terms of alimony, if you were never married, you are not obligated to pay spousal support to your partner.

It's important to note that child support is a legal obligation, and failure to pay can result in legal consequences such as wage garnishment, seizure of assets, and even arrest. If you are having difficulty paying child support, you may want to consider seeking legal counsel to discuss your options.

Here are some California Family Code sections that may be relevant to your situation:

Section 4050: Sets out the statewide uniform guideline for child support.

Section 4053: Outlines the principles that should guide the court in making child support orders, including that the children should receive support commensurate with the parents' standard of living and that both parents have an obligation to support their children.

Section 4060: Defines "net disposable income" for the purpose of calculating child support.

Section 4320: Lists the factors the court must consider in determining whether to award spousal support, including the length of the marriage or domestic partnership, the earning capacity of each spouse, and the age and health of each spouse.

Section 4330: Outlines the factors that the court must consider in setting the amount and duration of spousal support, including the standard of living during the marriage or domestic partnership and the needs of each party based on the standard of living.

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