Child Support - Who's income considered?

[Yorba Linda Mom]

What is the name of your state?What is the name of your state? CA (orange county)

I am Custodial Parent. My ex opened a case with child support services. To get his support reduced. Court date in a few months.
My question is, does the court look at his wife’s income when calculating child support paid to me?
Do they look as my husbands income?
My ex and I have one child together, I had another child with my husband, my ex never had any more children (couldn’t talk anyone into it) !!

 

[abstract99]

Step parents income is never considered. The extra child thing might help but let me ask you this... (someone else asked this in another post) How do you justify it being fair that your husband has to pay you extra child support now that you have had another child?

 

[Yorba Linda Mom]

You must have misunderstood...

I was smart enough to mary a warm, kind man the 2nd time around. He happily supports myself and my children. I am not seeking more $ from my ex. he had paid the same amount of child support for 8 years now, but has now decided that he will try to get his reduced. He is angry because he fell over $3,000. behind on Child support and I had his wages garnished. He and his wife together have an income of $84,000. per year, he pays me $719. a month, acually less than guideline. He is the bread winner too, NOT her.

 

[abstract99]

Honey.... no offence but 719 a month seems like a lot for one child. It might be right or it might not be. If this is what the CS guidelines ay then I guess there is nothing he can do about it. Not trying to bash you here, I'm just saying. If you are concerned about the support being lowered just make sure that you know your CS laws and that the support is being calculated. If you want I can find the CS info for you?

 

[abstract99]

Just as a question... How much does your husband make and how much do you make currently? How much did you have listed as your income on your prior CS order? What type of visitation do you have? (how many days a year does he have the kid?)

 

[Yorba Linda Mom]

Good questions...

Just as a question... How much does your husband make and how much do you make currently? How much did you have listed as your income on your prior CS order? What type of visitation do you have? (how many days a year does he have the kid?)


Minimum of $65,000 right now (though he gets commissions, so could be more)

I make $38,000 now, I was making the same prior CS order. We have 60/40, I have 60.

 

[abstract99]

Okay, your hubbies income is not enough to come into play. I only asked because if he made a real lot of mnoney it might be important. I used a basic child support calculator that does not take into account child care and such (which seems like it might not be important in this case.)

I estimated that father made 50,000 a year.

Child Support Payments

Father's Monthly Net Income: $5000
Mother's Monthly Net Income: $3150
Father's Custodial Time: 40 %
Number of Supported Children: 1


Results

Father pays Mother: $ 542

Do those figures for income seem about right?

 

[Yorba Linda Mom]

great info...

That is very helpful. And beleive me, I am not seeking more money. Just want to know what to expect. Dad is more than $3,000. in arrears. I appreciate that he helps with our daughter, financially. $500. a month is very good, still.
The court papers submitted by my ex shows he makes $6,000. a month ($1,500 for 40 hours of work) does that jive?

He just started this sales job. He will be getting commissions in the future. Thinking of reviewing in another 12 months. I can right?

 

[LdiJ]

That is very helpful. And beleive me, I am not seeking more money. Just want to know what to expect. Dad is more than $3,000. in arrears. I appreciate that he helps with our daughter, financially. $500. a month is very good, still.
The court papers submitted by my ex shows he makes $6,000. a month ($1,500 for 40 hours of work) does that jive?

He just started this sales job. He will be getting commissions in the future. Thinking of reviewing in another 12 months. I can right?

I don't think that you can rely on that calculation. CA uses the Dissomaster and that isn't readily available online....at least not for free.

In general....child support runs at about 17% of gross income for one child.

17% of 6000.00 would be 1020.00...allowing for credits and things I think that the amount that you are recieving now would be fairly in line....I can't image that a judge would go much lower...quite frankly I would be surprized if he gets a reduction at all....and he might even get an increase.

 

[Yorba Linda Mom]

Aprreciate the feedback

Well I would not THINK of going before a judge without an attorney. That would be ridiculous. I appreciate your info, for now CSS is garnishing his wages, at the rate of $450. 2 times a month. That is because our original court papers say he has to pay half of child care costs which were stated at $330. or so a month. CSS is enforcing that original order.
The thing is, my ex was not paying Child Support hoping I would retain my attorney, therefore getting his Child Support reduced on my dime. I did end up having to retain my attorney didn’t I?
Oh well, such is life.

 

[Yorba Linda Mom]

LdiJ - looking for you!

Orange County, CA

Dear LdiJ,

You gave me some good information, again thanks. We are in court in June on $$$ issues only. At least I am hoping that is all. After that I was going to look into opening a case to try to get visitation the way it was court ordered. 60/40. My attorney had me count the # of days I have the child and one year it is 54% and one year it is 57% depending on who gets her Christmas that year. How hard is it to get to the 60/40? I have 100% physical custody, 60 % visitation, she goes to school in my city, and has been in the same school 7 years now (she is 12 years old)
Are you an OC attorney? Do you deal with child visitation issues?