RSS

Category Archives: Child Support

When Can a Parent Expect to Stop Paying Child Support?

when-can-a-parent-expect-to-stop-paying-child-supportAlthough California’s Department of Child Support Services (DCSS) is usually strictly thought of as an enforcer of court orders outlining child support payments, DCSS does much more than that to help parents and guardians.

The Department of Child Support Services helps to establish paternity, change or enforce court-ordered child support payments and change or enforce a court order for health insurance and medical payments.

 

Department of Child Support Services 

The Department of Child Support Services (DCSS) in California helps parents and guardians get the financial support they need to take care of their families.

Specifically, the California Department of Child Support Services makes sure that financial as well as medical support that’s been ordered by a court supports families and children.

Child support agencies throughout California work with the Department of Child Support Services to ensure that parents and guardians within the 50-plus county network that DCSS works through are taken care of.

 

Purpose of California’s Child Support Payments 

California ensures that the party making the child support payments and the party using those payments are supporting the welfare of the child.

The state of California takes child support payments seriously. Laws protect you from unpaid, court-ordered child support payments as well as repaying back support.

Child Support Modifications?

The child support payments you receive could be modified if you’ve had a significant increase or decrease in income. Other factors like your custody percentage changing or having another child could affect the amount of child support payments that you receive in California.

If, for instance, one parent went back to work and started earning significantly more than the other divorcee, and the other parent spent more time with the kids, then the amount that each parent paid in child support could conceivably be readjusted to take into account these new factors.

Any Financial Changes? File Right Away. 

It’s important to bear in mind that alterations to child support payments only occur after the lifestyle changes (e.g., one parent’s income increase) are brought to the court’s attention. In other words, you can’t expect to get retroactive compensation.

The above example dealt with an increase in income for one parent, but the same rules apply to a parent or guardian losing a job. You need to tell the courts that you’re unemployed for child support payments to get lowered or possibly eliminated.

It’s important to make another filing as soon as your financial situation changes. Seek out an attorney to help you reduce your child support payments if your income changes significantly, and especially if you’re making child support payments and have recently become unemployed.

 

How is Child Support Calculated? 

Child support in California is figured out based on each parent’s or guardian’s income as well as how much time each parent or guardian spends with the child.

Other financial factors that could impact child support payments include any mortgages that each parent holds or the total cost of child care.

Believe it or not, judges working in California’s legal system rely on a computer program to calculate monthly child support payments. That said, each parent works with an attorney specializing in family law to determine how the parents’ income and other personal factors impact future child support payments.

Child support payments apply to just that – children. At age 18 the support payments should cease. And remember, it’s the parent’s responsibilities to make another filing if his or her income changes.

 
Leave a comment

Posted by on July 17, 2014 in Child Support

 

Tags: , , , , , , , , , , , ,

How Child Support is Determined

In California, child support is predominately determined by two factors. The first factor is each parent’s monthly net disposablehow-child-support-is-determined income. The second factor is the percentage of time per month that each parent provides care for the child. This is commonly referred to as the “J factor”.

Income. A parent’s disposable monthly income includes formal sources of personal revenue that are taxed by the state of California and the federal government as well as non-traditional sources of income. Types of income include the following: wages, commissions, tips, bonuses, self-employment earnings, unemployment benefits, workers’ compensation, interest, dividends, social security, pensions, lottery winnings and money from rental properties. The amount that a parent must pay each month for child support is partially determined by the percentage of the couple’s combined income.

Deductions. Child support has more determining factors than just the couple’s earnings. Certain payments and expenses are reduced from these sources of income. Typical deductions include taxes, other child support payments, other child care expenses, healthcare costs, job search expenses, home mortgage payments, required contributions towards retirement and union dues. It is important to note that other child support payments must be court ordered or they won’t be eligible as deductions. Also, the parent must actually be making these child support payments for the money to qualify as a deduction. Parents will not be allowed to deduct subsequent child support payments from their income.

The Calculation. After all the sources of income and eligible expenses and payments are determined, the net disposable monthly income can be calculated for each parent. The court uses these figures along with the percentage of time that each parent spends caring for their child to determine the exact amount of child support payments. Courts expect that a parent who spends more time with the child will incur significantly more expenses. It is quite common for parents, attorneys and the court to run calculations according to the above guidelines and come up with completely different figures. This happens because each party has their own personal opinions as to how much time each parent spends with their child, the number of exemptions claimed by the parents, what sources of income actually exist and which ones are taxable.

These discrepancies are exactly why parents need legal representation. A family law attorney will be able to protect your financial interests and help you keep your emotions separate from your financial and legal concerns. Remember that child support payments will extend all the way until the child turns 18 years old. This means that there is the potential for enormous child support costs over the long haul as well as the opportunity to re-calculate monthly child support payments throughout the years.  An attorney will be able to negotiate with the judge to ensure that certain information is included or excluded from child support calculations. These calculations are run by a complex computer program known as the Dissomaster.

The key to obtaining an acceptable outcome from the Dissomaster’s calculation is to convince the judge to either allow or disallow key pieces of input from being entered into the Dissomaster’s calculations.  To put it bluntly, judges have the power to shape child support payment determinations.

 
Leave a comment

Posted by on April 24, 2014 in Child Support

 

Tags: , , , , , , , , , , , , , , ,