Legal Question in Family Law in California

Dad is trying to get child support modified and jackson credits for the year of 2008 and 2009. When determining the jackson credits will the courts look into the income for both parents at that time, because dad had to pay 100 a month for the child and he never paid for any medical/dental. So could the courts take that into consideration? Plus mom didn't work and child support was never modified. It was determined in 2000 that dad was to pay 100 because at that time both parents were working and that both parents had to pay for 1/2 insurance and dental. I know you can't go back and modify child support but if they are going to credit dad jackson credits they should look at both parents income at that time. Am I right or wrong on thinking that?


Asked on 1/05/14, 2:50 pm

1 Answer from Attorneys

Jackson credits are a straight up adjustment to the percentage of time the child lived with the paying parent versus the time used for the support calculation. They do not open up the whole support calculation. If either parent wants to do that, it has to be done at the time. The court does not have jurisdiction to make support recalculations retroactively beyond the date a request for a recalculation is requested by motion.

The child support calculation formula presumes that each parent must contribute a certain amount to their children. When the children are with them, they are presumed to be contributing that amount. They then pay the other parent for when the children are not with them. On a motion to determine how much unpaid support is owed, the court is allowed to make a finding that the child was with the paying parent more than planned and give credit for that additional time against the amount of back support owed. That is as far as the inquiry goes.

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Answered on 1/05/14, 2:57 pm


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