QUESTION
If the custodial parent has the child for the 285 calendar days and works but the non custodial doesn't, who is to pay child support?
Asked on Sep 21st, 2012 on Child Support - California
More details to this question:
My husband is the custodial parent and has his child from a previous relationship 285 calendar days out of the year. My husband works but his Ex does not, she is saying that my husband has to pay her child support even when she has her child only the summer days.
1 ANSWER
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Richard Helzberg
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Child support under the Statewide Uniform Guidelines is based on your net income, his net income, and time share. Actual time share normally trumps a custody order that provides for a different time share. Income can be imputed or assigned to someone who does not work, based on capacity to earn. Your husband should go to the Department of Child Support Services in your county and have that agency assist him. When he goes there to open a case, he needs to take the current orders as to custody, support, if any, with him.
Answered on Sep 23rd, 2012 at 1:39 PM