Legal Question in Family Law in California

Cap on Child support?

Is there a cap on the amount of Child support a father pays?I make about 80K and live in the SFO area (a high cost of living). My ex lives with her boyfriend. She is not working because her lawyer told her not to. After taxes and medical, I will only recieve about 40% of my check. Other states have proven that the formulas are not right, and that it builds resentment toward the fathers because when the child visits, the father has no money. Is there anything being done to protect or help fathers? I know I have to pay, but 4K per month to raise a 4 year old? I am trying to get 50/50 custody, but till then...? She is verbally and emotionally abusive to him, but no one will listen. That is why I left the relationship. I have seen what she says to him...what can I do?


Asked on 12/04/02, 7:34 pm

2 Answers from Attorneys
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Cap on 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, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

At $80k income, any "caps" that do exist would not apply to you. (They exist for millionaires not us regular people.) Although the court can exercise some discretion after calculating the presumptively correct amount by formula, any policy change would have to come from the legislature. 40% does seem a little high. Contact an experienced Family Law attorney in the county where this matter is pending for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 12/05/02, 1:54 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Cap on Child support?

In California there is no "cap" on child support.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 12/05/02, 4:30 pm


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