Legal Question in Family Law in California

Child Support Qualifications
What are the guidelines that determine if a parent is qualified to receive child support for her two children? Are there any factors that would disqualify her? Following are facts of the situation:
Both parents share custody equally.
Mother makes approx. 50% less income than children's Father, but has a promising position at her present job. Father also does side jobs for ''cash'' which increases his income by approx. 65% more.
Mother is unable to provide housing for her children and herself without some kind of support. (Living with Grandparents at this time.)
Mother is in collection with many of her debts and is working to catch up.
Mother treated for depression in the past.
There are other factors that may or may not affect her eligibility. Thank you for your time and any response you can provide.

Asked on 7/11/01, 1:14 pm

Jed Somit Jed Somit, Attorney at Law

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Re: Child Support Qualifications

In California, as in most states, child support is virtually automatic.

A formula, often on a computer program, is used to determine "guideline support",

which is normally the support awarded. Factors in the program include the

after tax income of each parent, including both regular employment and side

jobs, and the amount of time with the child. A court can consider whether a

parent has the ability to earn in excess of the actual income. Some small consideration

of expenses is possible, but most awards are directly from the "guideline" figure

computed by the formula. Help in obtaining support is usually available without cost

from the local family support division, perhaps connected with the District Attorney's

office.

Answered on 7/12/01, 12:23 pm

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