Answers to frequently asked questions about child support:
What kind of income is included when calculating guideline support?
Any income from salary, self-employment (net income after normal business expenses), commissions, royalties, bonuses, rents, dividends, interest, pensions, trust income, annuities, workers’ compensation, unemployment insurance, disability insurance, social security benefits, and spousal support received from a different relationship. NOT child support received for children from another relationship.
Why is the salary amount the gross amount instead of my actual take home pay?
Because the guideline calculator program automatically calculates the net amount based on the income and tax information data entered.
Is my new spouse’s income taken into consideration?
New spouse income is factored in to calculate your tax bracket and therefore impacts the child and spousal support figures.
Why do I need to provide my most recent federal tax return?
To verify income and Itemized Deductions, Other Medical Expenses, Property Tax Expenses, Deductible Interest Expense, Charitable Contribution Expense and Miscellaneous Itemized deductions.
How is the non-custodial parent’s percentage of time calculated?
Take the total number of hours per YEAR that the non-custodial parent has the children and divided by 8760 (total number of hours in the year) and then move the decimal to the right twice and that is the percentage of time. There are 52 weeks in a year, 26 weekends in a year. If the non-custodial parent has the children 4 hours every other week, take 4 hours and multiply it by 26 weeks and that is 104 hours per year, then divide by 8760 and you get .0118, move the decimal to the right twice and that gives you 1%.
Another way is to take the total number of days per year the non-custodial parent has the children and divide by 365. For example, non-custodial parent has children every other weekend (picking children up Friday evening and returning them Sunday evening) you would take three days times 26 (every other weekend per year). You would get 78. Then you would divide 78 by 365 to get 21% visitation.
What is the hardship deduction?
The hardship deduction is for children of another relationship you have a legal obligation to support (does not include step-children), usually living with you. It is also for extraordinary medical expenses and uninsured catastrophic losses. Hardship deductions are not automatic, they are at the judge’s discretion.
What factors does the court consider when deciding whether not to give a hardship?
Whether there is an extreme financial hardship. It’s not defined by the code, it is a fact specific determination that must be made in context.The court must consider the payor's family income as well as its purported expenses.
1. Does the proposed child support take every penny they have? Can payor's net disposable income pay for theexpenses listed on his Income and Expense Declaration and the proposed child support without the hardship? If not, then reason to include the hardship as needed.
2.Ifpayor's new spouse/girlfriend is a wage earner, court can give just 1/2 the hardship deduction since shehas 1/2 financial responsibility for their child.
3.He needs to show that his monthly expenses have increased as a result of the expanding family (eg., higher food, clothing, shelter, child care, etc.).
4. "the Legislature has limited the deduction for hardship to the unusual situation, such as where the custodial parent does not receive any support for these children or the reasonable minimum living expenses are unusually high in the context of the family's income. (In footnote 5 of In Marriage of Carleson (1996) citing In re Marriage of Paulin, supra, 46 Cal.App.4th at pp. 1382-1383.). Arguably, the hardship should only be available to him if his girlfriend provides no financial help or his reasonable minimum living expenses are unusually high relative to his family's income.
If the court decides to allow a hardship deduction, "the court shall do both of the following: "(1) State the reasons supporting the deduction in writing or on the record. "(2) Document the amount of the deduction and the underlying facts and circumstances. "(b) Whenever possible, the court shall specify the duration of the deduction." (§ 4072, italics added.)
While the court has the discretion to give the hardship deduction, the court shall be guided by Family Code sections 4050, 4052, and 4053.
How can I find out the other parent’s income after we have a child support order?
Once a year you can request income and expense information (including pay stubs and tax return) from the other parent. Fill out form FL-396 and enclose a blank form
FL-150. Have someone unrelated to your case serve the other parent with the FL-396 and FL-150. After the papers have been served, have the person that served the papers for you complete the Proof of Service form (attached to FL-396). Once being served the papers the other parent has 30 days to return the information to you.