CHILD SUPPORT:
Child Support
really isn't very difficult to figure out. In California we use a rather
complicated formula that is part of a computer program such as
"Dissomaster." The function of the program is to calculate child support
based on many different factors. Basically the amount of child support the
non-custodial parent owes to the custodial parent is based on the following
factors:
1. Each parents
income. If one or both parents have remarried, the new spouses income is not
suppose to be included, except to the amount it increases their spouses ability
to contribute for the support of the minor child.
2. In calculating
this number, the program allows for all deductions allowed by the State and
Federal taxing entities.
3. The amount of
time each parent spends with the child. This is probably the cause of more
litigation than any other factor. Because, the more time a party spends with the
minor child or children, the less that party will pay in child support.
4. The Court also
considers the relative tax ramifications of the support order. For example, the
court may reallocate the income tax exemption for the child in order to adjust
the child support amounts and maximize each party’s net income. The child
support program does this automatically.
Child support is obtained by filing
an Order to Show Cause requesting that the non-custodial parent pay the other
parent child support. You must attach a declaration, income and expense
declarations together with W-2, 1099, paycheck stubs, tax returns, bank
statements and anything else that reflects income.
The Court runs the
numbers through the program and out pops a number. The number is entered into a
Order After Hearing and enforced by a Wage Assignment Order that is served
directly on the non-custodial spouses employer. The employer removes the ordered
amount each payday and sends it directly to the custodial parent.
Additionally the
Court will usually order one or both parents to provide medical and dental
insurance for the minor child when it is available at little or now cost. The
Court will also order the parents to share any uncovered medical expenses The
court may also order the parents to share in any child care costs which allow
the parties to work.
The parents are
obligated to support a minor child until the minor child reaches the age of
majority, dies, marries, or becomes emancipated. In addition, the child support
obligation may continue to any unmarried child who has attained the age of 18,
and who is a full time high school student and resides with a parent, until such
a time as the child completes the 12th grade, or attains the age of 19,
whichever occurs first.
Now I realize that this is
somewhat of an over simplification of the entire area of Child Support. There
are quite a few variables that can go into the final child support order.
It really depends upon the parents and what they each want to do for their
children. While it may seem that the entire process is reduced to a computer
program, it really isn't. The trick is how you arrive at the actual
numbers to use in setting the final order. Especially if the supporting spouse
(usually dad) is either self employed, underemployed or habitually
unemployed.
The judge still
has some discretion to deviate from the program results or the parents may agree
to a different amount. So if you have an unusual situation, you should always
check your particular situation with an attorney before you go to Court. This is
especially true in cases involving the Child Support Enforcement Unit.
Once again if you do nothing or don't show up with an attorney to help you, rest
assured that the Court will make a child support order against you. It just may
not be a proper order. It is up to you to protect you own rights. Whining about
how you got screwed after the fact doesn't accomplish anything.
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