Child Support

California, like all States, sets child support based upon a mathematical calculation. This is now mandated by federal law. However, each State can, and does, come up with their own method of arriving at the child support number payable by one spouse to the other. In California, it is so complicated that it requires a computer program to determine the appropriate amount. There are several commercial companies that sell the computer programs to attorneys, and provide the programs to the courts fee of charge to encourage the courts to use their program. The programs most typically used by the courts are Dissomaster, and Xspouse. For the most part the most important numbers that go into the calculation are both parents monthly income and the amount of time the child spends with each parent. Who has actual custody does not matter. For example, sometime the custodial parent may be required to pay support to the non custodial parent if the custodial parent makes substantially more money than the non custodial parent, and the non custodial parent spends any appreciable time with the child or children. Issues like step parent income and taxation issues can make the calculation complicated. Because the amount of support ordered over time can be considerable, it is wise to have someone very knowledgeable with the support calculation prepare the figures for you before going to court. Busy judges do not have the time to “tweak” the computer calculation for self represented parties. Even small changes in the amount of support paid can over time add up to hundreds and even thousands of dollars.

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