Legal Question in Family Law in California
Morgage Interest in Child Support Dissomaster
During a recent modification the court failed to impute 4,111.00 interest and 520.00 in property taxes in the CA dissomaster when determining childsupport. The father listed this expense on his Income and Expense Declaration but filed tax returns for the last 2 years just a few days before trial not declaring this deduction because his current wife is now taking the deduction on her taxes. She alo takes the deduction for his two children with her in which the court gave him a hardship deduction for. I have filed a reconsideration. Any case law on this would be great. This makes a huge difference in the dissomaster because it is based on filing married 1 dependant instead of three with no morgage interest deduction.
1 Answer from Attorneys
Re: Morgage Interest in Child Support Dissomaster
California codes provide for the criteria for setting child support. the portion of the family code set out below gives you a place to start.
FAM �3651. Modification or Termination of Support Order
(a) Except as provided in subdivisions (c) and (d) and subject to Article 3 (commencing with Section 3680) and Sections 3552, 3587, and 4004, a support order may be modified or terminated at any time as the court determines to be necessary.
(b) Upon the filing of a supplemental complaint pursuant to Section 2330.1, a child support order in the original proceeding may be modified in conformity with the statewide uniform guideline for child support to provide for the support of all of the children of the same parents who were named in the initial and supplemental pleadings, to consolidate arrearages and wage assignments for children of the parties, and to consolidate orders for support.
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