Start Your Divorce Today - Premium Divorce Online

Page 1 of 2 1 2 >
Topic Options
#772320 - 08/09/16 09:06 PM Help regarding Child Support in California
Teddy27 Offline

recently joined

Registered: 08/09/16
Posts: 5
I have been divorced for 6 years, and when I got divorced because of the situation I was in and wanting to be out of the marriage I waived spousal support, and he agreed to cover child care and some schooling but beyond that we didn't have anything else in writing.
In the last couple years we have come to an agreement mutually together that he would pay a certain amount regarding Child Support but every year he wants to re-negotiate and I am getting sick of this because it becomes very abusive and I get so stressed about how much yelling he will do and the derogatory text and emails I get because he doesn't want to pay support anymore.
I live in California, and my daughter is 7 yrs old.
We have a 50/50 split on custody.

Is there a calculator online that I can use to help get me a number on what it roughly should be?

Also I have recently gotten married again, and so has my ex. He is telling me that my new husbands annual income factors into how much child support he should have to pay towards his own daughter. Is this correct? He is also saying that because he has since had acouple more kids that his child support should decrease because of the new kids in his new marriage.

Any help would be great.

Top
#772321 - 08/09/16 11:02 PM Re: Help regarding Child Support in California [Re: Teddy27]
TJMH Online   content

enthusiast

Registered: 07/17/15
Posts: 347
I believe the guidelines for child support in California are pretty cut and dried, they use a set formula. There are calculators online but I don't know how reliable they are. A better, more reliable approach might be to go to an attorney and see if they'll run the numbers through the computer program recognized by the courts (called Disso-master). That will spit out a number, and I believe in almost every case the court will simply use the number it spits out--so you can avoid a lot of additional angst and expense by just agreeing to the number.

Neither your remarriage or your ex's additional kids should impact child support. The stepfather isn't responsible for your daughter, her father is. And the court would look at his having additional kids as a responsibility he took on voluntarily, which doesn't impact his responsibility to his existing kid. So the only real considerations in the calculation are your individual disposable income and your ex's.

If you use a family law attorney as a consultant (working for both of you, not representing either of you individually) you should get accurate answers without a lot of argument. The attorney could give your husband a good idea of what would happen if you took the matter to court. And shouldn't cost more than a couple of attorney hours of work to get a resolution.

Your county may also have Family Law Facilitators available who could help you with this for free--check your county family law court website.


Edited by TJMH (08/09/16 11:04 PM)

Top
#772322 - 08/10/16 03:31 AM Re: Help regarding Child Support in California [Re: TJMH]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 792
California has a calculator called the dissomaster which is what the court will use. CA also can use the birth of additional children to change support. A new spouse's income is rarely used and only in unusual circumstances.

What are your respective yearly incomes (just you and your ex spouse) and, do you both work full time and what is the current support? Is there a court order for the actual amount?

Top
#772323 - 08/10/16 04:01 AM Re: Help regarding Child Support in California [Re: MinnesotaMom]
Teddy27 Offline

recently joined

Registered: 08/09/16
Posts: 5
[quote]California has a calculator called the dissomaster which is what the court will use. CA also can use the birth of additional children to change support. A new spouse's income is rarely used and only in unusual circumstances.

What are your respective yearly incomes (just you and your ex spouse) and, do you both work full time and what is the current support? Is there a court order for the actual amount? [/quote]

There is not current court support agreement, he is paying a minimal amount of $150 a month to cover some expenses for the child.

Difference in salary is somewhere between 20 or 40k a year. But because he is a business owner I never actually knew what he made year over year.

Yes I work full time.

But he isn't very forth coming with financials for businesses and always says he is doing ok but never says the amounts.

Top
#772324 - 08/10/16 03:42 PM Re: Help regarding Child Support in California [Re: Teddy27]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 792
I assume he has the higher income?

Top
#772325 - 08/10/16 03:51 PM Re: Help regarding Child Support in California [Re: MinnesotaMom]
Teddy27 Offline

recently joined

Registered: 08/09/16
Posts: 5
[quote]I assume he has the higher income? [/quote]
Correct

Top
#772326 - 08/10/16 07:14 PM Re: Help regarding Child Support in California [Re: Teddy27]
TJMH Online   content

enthusiast

Registered: 07/17/15
Posts: 347
It sounds to me like you really need a lawyer to help you get court-ordered child support--that would be better for you and would be in the best interest of your daughter which is the main thing. Frankly I'm surprised this didn't happen when you got divorced.

With a court order you would be able to require accurate disclosure of his finances (written down on paper) and you'd have confidence that the amount of support was reasonable. Plus legal recourse if he simply decides to stop paying, which it doesn't sound like you have now.

Top
#772327 - 08/11/16 01:28 AM Re: Help regarding Child Support in California [Re: Teddy27]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 792
I would tell him you don't want to deal with or hear about it anymore, that if he is not satisfied with the current order, he can take it to court. And, if he refuses to pay, let him know you will let the court take care of it.

Top
#772328 - 08/18/16 08:06 PM Re: Help regarding Child Support in California [Re: MinnesotaMom]
Teddy27 Offline

recently joined

Registered: 08/09/16
Posts: 5
Thanks for the input and I am looking for alittle help prior to going into the lawyer.
I had a forensic accountant look at the numbers for me and based off what I was given I am trying to use the CA Child Support Calc.

https[censored][censored].cse.ca.gov/ChildSupport/cse/guidelineCalculator

When I enter in the numbers and I am listed as Parent 1 and he is listed as Parent 2. The calculator brings back some numbers.

Total Monthly Child Support Amount Owed:
Parent 1 = $0
Parent 2 - $720

Based of the info that I entered into this does that mean Parent 2 owes Parent 1 $720? or Parent 1 owes Parent 2 $720?

I understand that the calculators online don't take into account for everything but I am trying to understand a rough idea what he should be paying.

Thanks

Top
#772329 - 08/19/16 05:35 AM Re: Help regarding Child Support in California [Re: Teddy27]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 792
Only the dissomaster is used in CA to calculate support. Don't forensic accountants charge a small fortune for their services? Support will be based on tax returns.

Top
#772330 - 08/19/16 06:59 AM Re: Help regarding Child Support in California [Re: MinnesotaMom]
Teddy27 Offline

recently joined

Registered: 08/09/16
Posts: 5
I have already used the forensic accountant because of the number of tax returns and companies that are on the returns.

I am using the calculator that is on the California State site.
I am just trying to understand who actually owes the money of it was me or him? Based on my last post.

Top
#772331 - 08/19/16 02:48 PM Re: Help regarding Child Support in California [Re: Teddy27]
TJMH Online   content

enthusiast

Registered: 07/17/15
Posts: 347
$720 would be the amount paid by Parent 2 to Parent 1.

Generally, if custody is 50/50 then the higher-earning parent owes money to the lower earning parent. But if custody is not 50/50 it's likely that the parent with less custody will pay support to the parent with more custody (but that would still depend to some extent on the difference in incomes--if the custodial parent makes a lot of money and the noncustodial parent makes very little, it's possible that a custodial parent would still have to pay child support to the other).

Agree with MM that if it goes to trial the court will require DissoMaster numbers, but the calculator probably offers a reasonable approximation that might help you to come to a negotiated settlement with your ex.

Note that the Family Law Facilitator at your local court will help you with the form for no cost if you're not represented by an attorney.

Top
#772332 - 08/19/16 05:40 PM Re: Help regarding Child Support in California [Re: Teddy27]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 792
CA is one of the fairest states when it comes to child support, with the exact number of overnights with the child and income (typically claimed W2 income from tax returns) used with exact proportions. With that said, if you have 50/50, the higher earning parent would be paying the other, although whoever is paying for daycare or medical insurance is also part of the calculation.

Top
Page 1 of 2 1 2 >

Moderator:  dsAdmin 


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: