Legal Question in Family Law in California
Hello - I am a non-custodial father in California with 2 boys. My ex is demanding more child support. My wages have decreased 10% due to pay cuts, she has just gotten a new job making a LOT more money than I am. Our % visitation is 35(me)/65(her). Her spending and household expenses have increased and she stated that I need to pay more of my share to help her with the boys.
I know the disomaster will actually decrease my amount I pay her. Is this program universally required or can she decline it (when I want a ruling via disomaster) and force me to pay more money? I have read that all that really matters now is monthly net income and percentage visitation. Everything else such as bills, debt, rent, expenses, etc. is secondary.
Your thoughts?
2 Answers from Attorneys
The dissomaster is a court accepted program that applies what is known as a Guideline formula. The formula is required by law, and cannot be deviated from except with a showing of special circumstances. The showing of special circumstances is usually substantial wealth, and not any of the factors that you have indicated. If she attempts to modify support upward, I advise you to modify it downward. If your calculations are correct, the amount will be reduced.
She could ask for a contribution of half from you for child care or unpaid medical expenses, if that is not something you already pay and depending upon your child support order. For just the child support amount, Mr. Roach is correct, it will likely be the dissomaster guideline barring any unmentioned factors. If she is making more and you are making less, it may be worthwhile to consult with an attorney to determine what the amount should be.
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