How are child support and spousal support decided in California?

California child support comes from a statewide formula based on each parent's net monthly disposable income and parenting time, and the result is presumed correct (Family Code §§ 4055 and 4057). Spousal support has no single formula for the final order: the judge weighs the factors in § 4320. Either kind can be ordered while the case is pending (§ 3600).

This page explains how both kinds of support are decided in Orange County, what changes the number, and the points that matter for Persian-speaking families: income or property in Iran, a spouse who left a career to raise children, and degrees earned abroad. Support is one of the family law areas listed on the practice areas page. It is usually decided alongside custody and property in a California divorce case, although parents who never married can ask for child support too.

How child support works, step by step

1. A case must exist. Child support can be requested in a divorce, legal separation, parentage or domestic violence case, or on its own. Parents who are married and only need custody and support can file a Petition for Custody and Support of Minor Children (FL-260); unmarried parents must first establish parentage. If one parent receives public assistance, the Department of Child Support Services opens a case automatically.
2. Both parents disclose income. Each completes an Income and Expense Declaration (FL-150). Gross income means income "from whatever source derived", including salaries, bonuses, rents, dividends, interest, pensions and business income, but not child support received or need-based public assistance (§ 4058(a) and (c)).
3. The formula is run. The guideline is CS = K[HN - (H%)(TN)]: HN is the higher earner's net monthly disposable income, TN is both parents' combined net income, H% is the approximate share of time the higher earner has primary physical responsibility for the children, and K is the portion of income allocated to child support (§ 4055(a) and (b)). For more than one child, the result is multiplied, for example by 1.6 for two children and 2 for three (§ 4055(b)(4)). A parent whose income is below full-time minimum wage earnings is presumed entitled to a low-income adjustment (§ 4055(b)(7)).
4. Add-ons are ordered on top. Basic guideline support does not include child care or uninsured health care costs; the court considers and orders those in addition.
5. The amount is presumed correct. The formula amount is presumed to be the right order, and it can be changed only on the grounds listed in § 4057(b), with the judge stating the reasons.
6. Agreements need a judge's approval. Parents can agree on an amount using a Stipulation to Establish or Modify a Child Support Order (FL-350), but a judicial officer must approve it.
7. How long it lasts. The duty generally continues until the child turns 18 and has graduated from high school, or turns 19, whichever comes first, unless the child marries, dies or is otherwise emancipated.

Free help is available inside the courthouse. Every California court has a Family Law Facilitator, a court attorney who helps people with child support forms and the FL-150, but who cannot be your lawyer and whose conversations with you are not confidential. In Orange County the office is at the Lamoreaux Justice Center, 341 The City Drive, 1st floor, room 101, Monday to Thursday 8:00 a.m. to 4:00 p.m. and Friday 8:00 a.m. to 3:00 p.m. In San Diego, the Central Courthouse at 1100 Union Street lists a Family Law Facilitator information line, (619) 844-2200. The state's online guideline calculator gives an estimate only; the commissioner or judge decides the actual amount.

How spousal support is decided

Temporary spousal support can be ordered while the case is pending (§ 3600). For the support order in the judgment, the court must consider every circumstance listed in § 4320. Among them:

• whether each spouse's earning capacity can maintain the marital standard of living, including the supported spouse's marketable skills, the job market, and the time and cost of education or retraining (§ 4320(a)(1));
• whether the supported spouse's earning capacity was impaired by time out of work for domestic duties during the marriage (§ 4320(a)(2));
• contributions by the supported spouse to the other's education, training, career or license (§ 4320(b));
• the supporting spouse's ability to pay, the needs of each spouse, and each spouse's obligations and assets, including separate property (§ 4320(c), (d) and (e));
• the length of the marriage, age and health, tax consequences and the balance of hardships (§ 4320(f), (h), (j) and (k));
• documented evidence of domestic violence between the spouses or against a child (§ 4320(i)); and
• the goal that the supported spouse become self-supporting within a reasonable time, which for a marriage that is not of long duration is generally half the length of the marriage (§ 4320(l)).

A marriage of 10 years or more, from the date of marriage to the date of separation, is presumed to be of long duration, and in a long marriage the court keeps jurisdiction over spousal support indefinitely unless the spouses agree otherwise in writing or the court terminates it (§ 4336(a) and (b)). That does not mean support lasts forever; the court can still end it later on a showing of changed circumstances (§ 4336(c)).

What changes the answer?

• The timeshare. H% in the formula is the higher earner's share of time with the children, so the custody schedule directly moves child support. The custody page explains how the schedule is set.
• Earning capacity instead of actual income. If a parent's income is unknown, the court must consider earning capacity, and it may use earning capacity even when income is known, looking at job skills, education, work history, health and the local job market (§ 4058(b)). Incarceration is not treated as voluntary unemployment (§ 4058(b)(3)).
• Income from abroad. Rent from an apartment in Iran, interest on accounts abroad and business income all count as income "from whatever source derived" (§ 4058(a)). Proving the amounts may take documents and translations.
• Grounds to depart from the formula. These include a stipulated amount, an extraordinarily high income where the formula would exceed the children's needs, a parent not contributing in line with their custodial time, and special circumstances such as different schedules for different children or special medical needs (§ 4057(b)).
• A prenup. A premarital agreement cannot reduce a child's right to support (§ 1612(b)). A spousal support waiver is enforceable only if the spouse giving it up had independent counsel and the term is not unconscionable when enforced (§ 1612(c)); the premarital agreements page explains the rules.
• Domestic violence. Documented domestic violence is a spousal support factor (§ 4320(i)), and a criminal conviction of an abusive spouse is considered in reducing or eliminating support (§ 4320(m)). The domestic violence page covers the criminal side.
• Property and debts. Each spouse's assets, including separate property, are a spousal support factor (§ 4320(e)), so the property division and the support order are usually worked out together; see the property division page.

A worked example

For example, consider a hypothetical couple in Laguna Niguel married for 12 years. Shirin trained as a pharmacist in Iran but has not worked since moving to California, raising their two children while her husband, Behnam, built a software career. Behnam also receives rent from an apartment in Tehran that his parents gave him. After they separate, the children live mostly with Shirin.

Shirin's attorney asks for temporary child and spousal support with a Request for Order and her FL-150. For child support, Behnam's income includes his salary, bonus and the Tehran rent, because gross income comes from any source (§ 4058(a)); the formula then uses each parent's net income and the share of time the children spend with Behnam. The court could consider Shirin's earning capacity, but it will look at her real circumstances, including what it would take for her pharmacy training to be usable here (§ 4058(b)(2)). For the final spousal support order, the judge weighs the § 4320 factors: her time out of the workforce for the family, the cost and time of retraining, the marital standard of living, and Behnam's ability to pay. Because the marriage lasted more than 10 years, it is presumed to be of long duration, so the court keeps jurisdiction over spousal support (§ 4336). The amounts themselves depend on the evidence; this example shows how the factors apply, not what a court would order.

Common mistakes

• Leaving income off the FL-150. Rent, interest and business income abroad count. A late discovery damages credibility.
• Quitting or cutting back work during the case. The court can use earning capacity instead of actual income (§ 4058(b)).
• Relying on a private side deal. A child support agreement needs a judge's approval to be an order.
• Assuming the online calculator is the answer. It is an estimate; the judge or commissioner sets the amount.
• Assuming a 10-year marriage means lifetime support. It means the court keeps jurisdiction; the amount and duration still turn on the § 4320 factors.
• Waiting to ask for temporary support. Orders during the case are available under § 3600, and going without them can strain a household quickly.

What to do this week

1. Gather your last four pay stubs and the last two years of tax returns.
2. List every source of income for both spouses, including rent, interest and business income in Iran or elsewhere.
3. Write down your monthly expenses: housing, utilities, insurance, food, transportation, education, child care and health costs.
4. Write down the current parenting schedule as a rough percentage of time with each parent.
5. Find any premarital agreement or marriage contract terms about support.
6. Read about the attorney on the about page, and bring these documents to a first meeting.
7. Book that meeting through the contact page or by phone.

Questions clients ask about support

• How is child support calculated in California?
• How do California judges decide spousal support?
• How long does spousal support last in California? The 10-year rule
• Is property in Iran, or income from it, counted in a California divorce?
• What if your spouse hides money or property abroad during a California divorce?
• Can a California custody or support order be changed later?
• Is a mahr (mehrieh) enforceable in a California divorce?
• Legal separation or divorce in California: which fits your situation?

Frequently asked questions

Is California child support just a formula?

The starting point is the § 4055 formula, and its result is presumed correct (§ 4057(a)). The court can depart from it only on the listed grounds, such as special needs or extraordinarily high income, and must state its reasons.

Does a 50/50 schedule mean no child support?

Not necessarily. The formula uses both time and income, so the higher earner can still owe support with equal time (§ 4055(b)(5)). The result depends on the numbers.

Is there a formula for spousal support?

The final order is based on the § 4320 factors, not a single formula. Temporary support during the case is ordered under § 3600, and the judge decides the amount.

How long does spousal support last?

For a marriage that is not of long duration, the law's goal is self-support within a reasonable time, generally half the length of the marriage (§ 4320(l)). For a marriage of 10 years or more, the court keeps jurisdiction indefinitely unless the parties agree otherwise in writing (§ 4336).

Does my spouse's income in Iran count?

Yes. Income from whatever source derived counts, including rent and interest abroad (§ 4058(a)). Proving it may require records and translations.

Can child support be waived in a prenup?

No. A premarital agreement may not adversely affect a child's right to support (§ 1612(b)).

Where can I get free help with the forms?

The Office of the Family Law Facilitator at the Lamoreaux Justice Center helps with child support forms and the FL-150. It is neutral and cannot act as your attorney.

The Law Office of Sourena Sarbazevatan represents people in Orange County and San Diego in child support and spousal support matters, in English and Persian (Farsi). Call (949) 591-9596 or use the contact page.