Legal Question in Family Law in California

Child support is figured based on the respective incomes of the parties as well as the time-share with the child/children. If your husband's income increases, child support could possibly increase depending on how much the change in his income is.

BARRY BESSER

www.besserlaw.com

Child support is calculated by a formula that is so complex the courts require it to be calculated on a court approved computer program. There are a couple of approved programs, but the courts and almost everyone else uses Dissomaster. Mr. Besser is correct, however, that the main factors that go into the calculation are respective incomes and how much time the child(ren) spend with each parent. Basically the program determines "net spendable income" which is similar to but not the same as "adjusted gross income" on your taxes minus the taxes. There is then a formula for how much of that you are supposed to spend on your kids. The program then assumes you spend that on your kids when they are with you, and you owe it to the other parent when they are not. Whichever parent owes more to the other parent pays the difference. So if the program concludes you are supposed to spend $1200/mo on your kids, and your ex should be spending $1000, and you have 50/50 custody, the program would assume you are spending $600 on them with you and owe $600 and your ex is spending $500 with them and owes $500, and you would pay $100/mo support. If you have 75% custody, though, the program would assume you are spending $900 and owe $300, and your ex is spending $250 and owes $750, and your ex would owe you $450/mo. As for increases, they never happen automatically. You have to file for a modification. If there has been a material change in incomes, however, that is automatically grounds to file for a modification, at which point the program will be run again with the new numbers.