Legal Question in Family Law in California
chilid support issue
my x wife recently emailed me reguarding a demand for a increase in child support. I am a full time student work 40 hrs a week make 9.00 hr and can barley support myself.i have never missed a payment in 2 years and have my childern every other week.. what can i do to protect myself i have 2 childeren and pay 375.00 a month
2 Answers from Attorneys
Re: chilid support issue
Child support is calculated based upon three factors. Your income, the mother's income and the time that you spend with the children. With two children, the law presumes that you will spend about 40% of your takehome pay on the children. The more time that you spend with them the more credit you get for spending that 40% of your funds, because you spend money on them when they are with you. It is good that you are getting an education, but in the eyes of the courts, your first priority is to the children. There are several web sites that will calculate child support. I would suggest that you go to one of those sites and run a calculation then you will know if what she is asking for is out of line. Good Luck
Re: chilid support issue
to determine the amount of child support you should be paying the mother's gross monthly income needs to be known.
You monthly gross appears to b3 $1560. With 20% visitation and her income $1000 per month the support payment would be 368 per month. This does not take into account any of the additional information usually considered.
You should contact an attorney or the local court and put the information about you and the mother's income into the program and see what the computer says. The court uses the computer program amount in making support orders.