Guideline Child Support
Child Support in California is based on guidelines that calculates the amount of support that your child is entitled to based on your income, the other parent’s income, and the timeshare that you spend with your child. Each source of income can be treated differently in calculating support, so it is imperative to have an attorney knowledgable to assist you in presenting your income to the Court. Likewise, the presentation of your expenses and deductions can be extremely relevant to the outcome of your case. While the Court typically uses the guideline calculation to determine child support orders, the Court can consider other circumstances to use a different calculation if presented with appropriate basis.
DCSS and Child Support: What the Court Can Do When One Parent Is Under-Employed or Not Employed at All
The average cost to support a child in the U.S. is $12,890 (USDA Consumer and Expenditures Survey, 2015). California law requires that each parent support the child according to that parent’s ability. In the instance when one parent is unemployed or employed but earning less than his or her ability, this leaves one parent holding the lion-share of the responsibilities. When this occurs, the Court can impute a wage commiserate with a parent’s earning ability. A parent on either side of this has the ability to present evidence either in favor or opposed to this imputation. For instance, a parent opposed to being imputed wages may present evidence why he or she is unable to secure work or a medical condition that stands in the way of earning. A parent that is in favor to imputing a higher wage would present evidence concerning the job history or earning history of the other parent. This process can be complex, so having an experienced attorney can mean the difference in hundreds of dollars in terms of your support order.
Family Court: When Your Ex Is a lying to the Court
Many people are forced to go through an emotional, stressful fight just for the Court to hear their side of the story. Some are subjected to false allegations and malicious attacks from the other side. We can help reveal mistruths and stop this type of victimization in Court once and for all. Let our expertise and insight help you get out in front of this vicious cycle.
Tips to limit your exposure:
Utilize texts, email, or other written communication as means to document conversations.
Address the inappropriateness of abusive, inaccurate, or dishonest allegations immediately, and expressly in writing with request that it stop.
Refrain from responding to abusive or harassing communications with profanity or abusive language.