Legal Question in Family Law in California
By CA Fam.Law/Ch.Suppt it has been suggested a commomn program/software that can be used to calculate monetary ch.sppt obligations is" Dissomaster". Assuming, this is just ch.sup. no ties attached. Child lives w/mother. mother makes more or less than father? mother wants to review fathers income for more ch.supp., She wants to put child in private school. As we know economy has hit a low, which most likely fathers income is less than the first calculation.
Q: Ch.Supp. based on needs or how much a person makes?
Q: Is the formula set a specific method and anyone doing the calculation courts or self,atty., come with the same result?
Income varies up/down. Since income $ is less
Q: Now, does the state automatically do an annual change of ch. supp. every year?
Q: is there a procedure the father can file to lower payments?
Your time and suggestions are apprreciated. Thanks,
1 Answer from Attorneys
1. It is based on a somewhat complex formula, but the two most significant factors by far are each parent's income, and the amount of custodial time the child has with each parent. Need is not a factor except in highly unusual circumstances.
2. The formula is set forth in the Family Code. It is so complex that the courts require everyone to use approved software to calculate it. I believe there is at least one other approved program, but I don't even know what it is. Everyone uses Dissomaster, including the courts. There is often great debate about what are the correct numbers for the inputs for the formula/program, but once the input numbers are agreed on or ruled on, the result will always be the same no matter who runs it.
3. No. Child support never changes unless and until one parent requests review and modification.
4. He files a motion or "OSC" for a hearing to review and modify the support.
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