Legal Question in Family Law in California

California Expense and Income Deceleration. This deals with non-marital assets involving an unwed couple ( a never married couple that has one child).

I am a bit confused how child support is calculated for the non-custodial parent when it comes to his assets (non-marital): His house, savings, stocks (Stocks that are not tied into his employment). If the non-custodial parent is working but NOT making a lot f money, and has a lot of money in stocks (stacks he purchased before we met), will the court force a sale of his assets or stocks (non-marital assets) to pay more in support? I do not think it is fair to only receive support based off his income. Again this refers to his own personal assets he obtained before we met and had a child, as we were never married. Thank you.


Asked on 2/09/12, 5:15 pm

1 Answer from Attorneys
Brian McGinity McGinity Law Office

Child support is calculated through a formula. It is basically time with the children and income vs the other parent's time with the children and income.

In the situation you're describing the other parent might be realizing income from other sources rather than employment. They may be getting income from their investments, such as dividends and/or real estate. That other income is fair game to go after. In the situation you have described it sounds like the non-custodial parent is more sophisticated regarding financial issues. It would behoove you to hire an attorney and at the very least send out discovery regarding the other parent's financial information. Good luck

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Answered on 2/09/12, 8:06 pm


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