Legal Question in Family Law in California
Two questions for you.
I am divorced (in California). My son from that marriage is 21, he lives with me full time and is a full time student. I have a daughter from the same marriage that is 8. I have 50/50 legal and physical custody of her. She lives with me 50% of the time. I now claim my son as a dependent on my tax return (and my daughter) since I have every legal right. My original support (for my 8 year old daughter, same marriage) was figured when my son wasn't in school so the guideline was only calculated with her and that I had her 50% of the time. I am going to court for a child support modification since my income dropped drastically. Am I able to claim my son as a dependent (for child support calculations) when figuring child support for my daughter? I figured I would be able to since the IRS says he is now my dependent, even though he is 21...he is in school full time and I pay more than 1/2 of this support. Just wondered if he would figure into the calculation of child support for my daugher.
Second question has to do with what is considered income. My ex-wife lives in a condo with her baby from another relatinship (its not mine, its from a relationship after our divorce) and doesn't work. She collects unemployment, I pay child/spousal support and the father of her baby gives her some money each money even though they haven't gotten an official court order for him to do so. My ex-wife also receives money each month from her father $400-$500 to help pay her rent. I believe this money is a gift, don't think its a loan. Will this $400-$500 be considered monthly income to her for child support calculations? Thank you very much, Brent
1 Answer from Attorneys
Typically you can claim a dependent on your tax returns and have that reflected on the child support calculation, but it probably will not help you if you are the paying party. The calculator will assume then that you have more available income with which to pay child support. As far as proving loan monies as income. Those cases are difficult and you would need to prove that any income received is actually income and not a loan. You can request that the issue go before a judge into a hearing but again its your job to prove that anything that is unusual or not right about her income declaration.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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