QUESTION
What does the judge look at to determine CS? Is it just the income or all of the circumstances in California?
Asked on Jul 15th, 2013 on Child Support - California
More details to this question:
My ex is trying to significantly reduce my court ordered CS from our divorce in 2008. He makes significantly more than me and owns his house and two commercial buildings, two customs cars, a brand new truck and has a new wife and baby. He recently fell at home so was off of work for a few months and claims he changed his job description so makes less. I am making about the same amount of money as I did when we divorced (not very much) and have to live in the community where my son goes to school because my ex lives in a different town. I own nothing. I rent my house which i recently just moved into. I'm afraid that I won't be able to afford to live in the house I just rented anymore. I just have the basics, don't take vacations or do anything extravagent. I feel his new wife is taking control and he told me he needs money to remodel his bathroom. What rights do I have? Is it all based on income or also the entire picture?
2 ANSWERS
Family Law Attorney serving San Rafael, CA
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Richard Helzberg
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Child support is determined by an algebraic formula which takes into account your net (after tax) income, her net income, and time share- where the child(ren) spend thee time. You'd best go to the county office of the Department of Child Support Services. It is a state agency that can get you an order or, if he tried to modify it, represent the interests of the child(ren) that he is paying the appropriate amount of child support. It costs you nothing. That agency also enforces payment of child support, another benefit of opening a case with them.
Answered on Jul 17th, 2013 at 2:38 PM
Estate Planning Attorney serving Glendale, CA
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Legal Action Workshop Professional Corporation
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Child support is calculated by using a software program called a 'dissomaster' and a number of factors are used including income of both parties, number of children, amount of time spent with children etc. If your ex has filed a Request for Order to change the current child support, you would need to be served. Once served, you need to Respond and have an attorney in court with you to ensure the best possible outcome. From what you are saying, it is difficult to imagine that he would be successful.
Answered on Jul 16th, 2013 at 6:19 PM