Legal Question in Family Law in California
Child Support Offsets
Are there any ''Points and Authorities'' that specify that monies - specifically retirement annuities being received from State Teacher's Retirement System by the custodial parent in a dependent child's name - should be counted as ''income'' for that parent on the income and expense forms, or ''child support'' and therefore, used to offset any child support 'obligation' of the non-custodial parent ordered by the Court?
1 Answer from Attorneys
Re: Child Support Offsets
Child support is caculated based upon three factors, your income, the other parents income and the time the children spend with each of you. Retirement income is not an offset but would be used in the equation as part of the custodial parents income. So the answer to your question is "yes" it is considered and "no" it is not an offset. Good Luck
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