One of the major factors used in calculating California guideline Child Support is the amount of time that each parent spends with the minor child / children.  This is typically referred to as the “timeshare.”  This is also commonly referred to as custody percentage.  If the timeshare is incorrectly calculated, it will lead to a child support order that is higher or lower than the actual guideline support. 

Calculating the correct timeshare, or custody percentage, requires knowing the exact amount of hours the children spend with each parent on an average monthly  or annual basis.  This will be determined by the child custody and visitation arrangement that was ordered by the court or agreed to between the parties.  It may include weekend, weekly, or monthly visitation schedules and often will have some holiday, or vacation add on time that needs to be considered.

Start by writing down your basic parenting time or visitation schedule.  Add each of the hours up according to chart below and determine the average time that you spend with your child/ children.  

Period of TimeConversion
1 Day24 hours
1 Week168 hours
2 Weeks336 hours
1 Year8,760 hours
1 Year52 weeks
Every other weekend26 weekends/year
1st/3rd/5th weekends28 weekends/year

This process can be confusing.  It is always advisable to consult with an attorney when it comes to an issue of disputed child support and child custody issues.  The Law Offices of Sean M. Patrick has significant experience, and a winning track record on issues of child support, and child custody issues.  Contact our office today for a free telephone consultation.  

(916) 226-6062

Can I get Retroactive Child Support?
Retroactive child support is a child support award that allows the collection of payments before the order to pay was actually finalized (e.g. back pay for child support). Retroactive child support payments are different than late or unpaid child support payments that were previously ordered by the court.
In California, the court can award child support retroactive to the date the petition was filed, so long as the non-custodial parent is given notice that the other parent has filed a petition for child support.
There are significant limits on collecting retroactive child support in California. In most cases, retroactive child support will only be granted back to the date of filing if the non-custodial parent was served 90 days or less after the petition was filed, assuming that they did not deliberately try to avoid or delay service.
If service takes longer than 90 days, through no fault of the person being served, child support payments will be calculated from the date of service, not the date of filing.
Contact the Law office of Sean M. Patrick for a free consultation about your California Child Support or other family law case.