Monthly Archives: October 2014
Effect of Rent Free Housing On Child Support.
The impact of a parent’s mortgage-free or rent-free housing on his or her living expenses and resources may warrant a special circumstances…
Imputed Income For Child Support
In line with a substantial body of case law on the subject, Fam.C. § 4058 vests trial courts with discretion to consider a parent’s earning…
Fluctuating or Seasonal Income
To arrive at “monthly net disposable income,” the annual net disposable income figure (above) is normally divided by 12. [Fam.C. § 4060; Marriage of…
Are Recurring Gifts Treated As Income?
One-Time Gifts Are Not Usually Treated As Income for Child Support By analogy to tax law, which excludes gifts and inheritances from…
Custodial Timeshare: Daycare & School
There are many factors that the court can consider in making a timeshare determination. A parent’s custodial timeshare percentage can include the time the…
A Parent Quits Work To Take Care of New Family?
What Does the Court Do When a Spouse Quits Work and Relies On an Affluent New Spouse? The fact a parent intentionally remains…
What Happened to Proposition 8?
Prior to the U.S. Supreme Court decision in Hollingsworth v. Perry, the California Constitution, as amended by “Proposition 8” (eff. 11/5/08), limited a…
Does My New Spouse’s Income Matter In Child Support Calculation?
NO. New spouse income “ shall not” be considered in fixing child support except in specified extraordinary circumstances. [Fam.C. § 4057.5(a) & (b)] In fact,…
Can the Other Parent and I Agree to a Child Support Amount?
The issue here is whether the agreement is above or below guideline. However, generally the court will not stand in the way…
How Long Do I Have to Pay Child Support?
You will have to pay child support until the child is 18 or graduates from high school. Absent agreement by the parents (Fam.C. §…
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