Legal Question in Family Law in California
calculation of child support
Living and working in Idaho. Child and custodial parent live in California where marrage, conception, birth and divorce all were initiated. Three years ago support was set.
What will the percentage for recalculation be. How can I try to calculate if a review will raise or lower current order? I'll assume it will follow California laws, not Idaho.
For instance I believe Nevada is 18% of absent parents income.
3 Answers from Attorneys
Re: calculation of child support
I am an Idaho attorney, not the Calif attorney you need to answer your question
Re: calculation of child support
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Because a California court apparently has made an order regarding the child, as long as mother or child continue to reside there, California has exclusive and continuing jurisdiction. Support in California is calculated by the formula set forth in CA Family Code �4055. Look it up at:
http://www.sflegal.net/mirrors/California_Jurisdiction/Law/California_Codes/data/
or use one of the support calculators that can be found online.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
Re: calculation of child support
Ah, life would be so simple if child support was simply a percentage of the non-custodial parent's income. Such is not the case in California, however.
There is a complicated formula that is based on how much income each party makes, and how much time each spends with the child. Generally, one needs a computer program to calculate it. If you don't own the expensive "Dissomaster" program, there are places on the internet that you can, for a fee, do the calculations. Try www.supportscan.com, for example.