Both parents are mutually responsible for the support and maintenance of their children. In the eyes of the law, parents are equally responsible for the support of the children, regardless of which parent has more custodial time. However, the law presumes that the parent who has the greater share of the custodial time already contributes a significant portion of his or her income towards the support of the child. Therefore, the California child support statutes functions to alter the child support amount in rough proportion to the parent’s share of physical responsibility for the child.
Parents can make an agreement between themselves as to their child support obligations. However, because parents cannot waive or limit the child’s right to support by their own agreement, the Court is not bound by an agreement between the parents and can modify a child support order at any time. Moreover, one parent’s interference with the other parent’s right to visitation does not change the obligation to support the child on the theory child support and visitation are independent rights and that the child’s right to support should not be compromised by the parents’ misconduct.
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