Legal Question in Family Law in California

The formula can be found in a software program available at the courts and on line. The key elements impacting support calculation is gross incomes of the parties and the parenting time share percentages.

The actual formula is buried somewhere deep in the Family Code. We never look at it, because it is so complicated that the courts require us to use a court approved software program to calculate support. The courts and 99% of attorneys use the Dissomaster program. I think there is one other approved program, but I don't know the name of it. Every county has a Family Law Facilitator or Self-Help Office. They should have computers with copies of the Dissomaster program available for you to use.

The basic major elements of the formula, however, are pretty simple. The complicated part is determining income "available" for support, which is why we use the program. Once that number is known for each parent, though, a certain percentage is considered owed to the child(ren). What percentage depends on the number of children. Then the program/formula looks at how much time the custody order says the child(ren) will spend with each parent. The percentage of time the child is with you is applied to your support number, and that amount is considered paid when you spend it on the child when they are with you. So if your support obligation is $1,000/mo. and you have 75% custody, you are considered to have paid $750 by paying expenses while the child was with you. The remaining $250 is owed. The same calculation is run on the other parent's income. Say their support number came out to $800/mo. Then 25% of that is considered paid while the child is with them, leaving $600 owed. The last step is balancing. You owe $250 for when the child is not with you. They owe $600 for when the child is not with them. The $250 is deducted from the $600, and you would be entitled to $350/mo support payment.