Does the term "pay" in the context of child support calculations apply to non-custodial parents?

California, United States of America


The following excerpt is from Marriage of Bailey, In re, 198 Cal.App.3d 505, 243 Cal.Rptr. 776 (Cal. App. 1988):

However, we have an obligation to construe the term "pay" in the context of the entire statutory scheme of which it is a part. (See People v. Woodhead (1987) 43 Cal.3d 1002, 1008, 239 Cal.Rptr. 656, 741 P.2d 154.) Section 4722 (pertinent portions of which are set out in the margin) 2 makes [198 Cal.App.3d 515] clear that the Agnos Act does not use the term "pay" in the literal sense of having money change hands. Rather, section 4722 sets forth methods by which, "Each parent's ability to pay a minimum mandatory amount of child support, ..." is ascertained. Under section 4722, the ability of both the custodial and noncustodial parent to "pay" child support is calculated. "Pay" means "contribute to." Subdivision (e) of section 4720 says the income of either parent's subsequent spouse or nonmarital partner may be considered in determining that parent's disposal income and therefore his or her ability to contribute to more than the mandatory minimum child support award. 3 The income of the subsequent spouse of the custodial parent can therefore be considered for the purpose set forth in the statute.

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