How to calculate child support?

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Formula child support is a share of the parents' “net monthly disposable income” (Fam.C. § 4055(a) & (b)), computed by totaling “annual gross income” (per Fam.C. § 4058), less allowable deductions to arrive at “annual net” (per Fam.C. § 4059) and then dividing by 12 to yield “monthly net” (per Fam.C. § 4060).

A quick way to check what child support will be is too use the DCSS calculator here: https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator

Is There A Simplified Way To Modify Child Or Spousal Support?

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Yes, experienced family law attorneys in the San Francisco Bay Area will tell clients that in order to modify support, you will need the following forms:

•     Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support (“Notice of Motion”) (form FL-390).

•     Responsive Declaration to Motion for Simplified Modification for Child, Spousal, or Family Support (form FL-392).

•     Findings and Order After Hearing (form FL-340) and Child Support Information and Order Attachment (form FL-342).

•     Income and Expense Declaration (form FL-150).

Next, follow these steps:

1)    Fill out and sign the Form FL 390: Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support

 

2)    Fill out FL 150 or the Income and Expense Declaration. You must attach copies of your most recent W-2 form(s) and three most recent paycheck stubs.

 

3)    You must schedule a hearing date with your court clerk’s office before filing and serving these papers. You must enter the hearing date in item 1 of the Notice of Motion.

4)    Make at least three copies of these forms after you have completed them:

·    Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support (form FL-390).

·    Financial Income and Expense Declaration (form FL-150).

5)    You must have one copy of each of the following papers served on the local child support agency and on the other party, if the other party is not the county:

·      Your Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support (form FL-390).

·      Your Income and Expense Declaration (form FL-150).

·      A blank Responsive Declaration to Motion for Simplified Modification of Order for Child, Spousal, or Family Support (form FL-392).

·      A blank Income and Expense Declaration (form FL-150).

·      Information Sheet—How to Oppose a Request to Change Child, Spousal, or Family Support (form FL-393).

For instructions on how to serve these papers properly, see the information box on the Proof of Service, found on the reverse of the Notice of Motion (form FL-390). Whoever serves the papers should fill out and must sign the Proof of Service.

6)    Take the original of each of the completed forms to the court clerk’s office for filing.

You can contact me at Amanda@gordonfamilylaw.com for more information.

Do I need my ex’s permission to enroll my child in swimming lessons during my parenting time?

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No. You do not need your co-parent’s permission to enroll your child in extracurricular activities during your parenting time. The decision to permit participation is a parenting decision.  So long as a parent has sole or joint legal custody, they may enroll a child.  If there is a dispute about whether the enrollment unreasonably infringes on the other parent's custodial time or if the child's participation is in the child's best interest are issues that a court can resolve if the parents disagree.

The requirement for an agreement between the parents is usually tied to the expense of the activity, so that one parent cannot unilaterally commit the finances of the other parent.  However, since extracurricular activities are a discretionary add-on, there is no absolute right to require the other parent to share the cost (although, in practice, this is usually what courts order). 

Do gifts from grandparents constitute income for support?

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No. Experienced family law attorneys will tell clients that gifts do not constitute income available for support. 


Under the Marriage of Williamson, the court of appeal held that large and sporadic gifts from the husband’s parents to the husband during the marriage, which had supported a very lavish marital lifestyle, were not includable as the husband’s income for purposes for calculating child support.


In the Marriage of Williamson, the husband’s father had amended his trust to provide that any loan balances and accrued interest due and owing by the husband at the time of distribution would be subtracted from the husband’s portion of the inheritance, and had testified that he did not intend to make any further advances or “loans” to the husband other than a small annual gift. Because there was no reasonable indication that the husband’s father would continue to give the husband any gifts except the annual gift, imputing income based on prior gifts would lead to a child support order based on money that the husband did not have.  

Contact me at amanda@gordonfamilylaw.com for more information.