Can I reduce my child support below the guideline amount?

Experienced Bay Area Family Attorneys will tell clients that it is very difficult to reduce child support below the calculated amount. This is because in California, child support is calculated based on income, not expenses.  This can be very frustrating for some clients in high cost of living areas like the Bay Area. Child support guideline calculations are based on the algebraic formula contained in Family Code section 4055, subdivision (a) and the key element of which is each parent's net monthly disposable income.  This figure is computed by totaling “annual gross income” less allowable deductions, and dividing by 12.  

The net disposable income is calculated by deducting from gross income the actual amounts of:
- state and federal income taxes. 
- union dues and retirement benefits, when they are required as a condition of employment. 
- health insurance and health plan premiums, state disability insurance premiums
- hardships found in Family Code Section 4071(extraordinary medical hardships, uninsured catastrophic loss, or support of other minor children not subject to the child support action).   

Unfortunately, there are very few published appellate cases that articulates what could constitute a hardship under 4071 (a)(1). A leading secondary source states that "granting of a hardship deduction is not automatic. The parent must be "experiencing extreme financial hardship" as a result of justifiable expenses of the kinds specifically allowable as hardship deductions". Whether to grant a hardship deduction, as well as the amount of such a deduction, is discretionary. Marriage of Paulin (1996) 46 CA4th 1378 (affirmed trial court's setting of hardship deduction for expenses of father's other children at one half of computer-calculated amount). Any hardship deduction is from the income of the parent to whom it applies, not from the amount of child support to be paid. Fam C §4059(g).

The law has been purposefully vague in these situations, allowing Judge’s maximum discretion when determining what is a hardship.  Bay Area Family Lawyers advise that in these situations, clients should be prepared to demonstrate to the trial court why the claimed expense is “extraordinary” and why it creates an extreme difficulty in paying full formula child support. If you are considering filing for a modification of child support, you can contact me at Amanda@gordonfamilylaw.com for more information.
 

 

How to calculate child support?

Formula child support is a share of the parents' “net monthly disposable income” (Fam.C. § 4055(a) & (b)), computed by totaling “annual gross income” (per Fam.C. § 4058), less allowable deductions to arrive at “annual net” (per Fam.C. § 4059) and then dividing by 12 to yield “monthly net” (per Fam.C. § 4060).

A quick way to check what child support will be is too use the DCSS calculator here: https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator

Is There A Simplified Way To Modify Child Or Spousal Support?

Yes, experienced family law attorneys in the San Francisco Bay Area will tell clients that in order to modify support, you will need the following forms:

•     Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support (“Notice of Motion”) (form FL-390).

•     Responsive Declaration to Motion for Simplified Modification for Child, Spousal, or Family Support (form FL-392).

•     Findings and Order After Hearing (form FL-340) and Child Support Information and Order Attachment (form FL-342).

•     Income and Expense Declaration (form FL-150).

Next, follow these steps:

1)    Fill out and sign the Form FL 390: Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support

2)    Fill out FL 150 or the Income and Expense Declaration. You must attach copies of your most recent W-2 form(s) and three most recent paycheck stubs.

3)    You must schedule a hearing date with your court clerk’s office before filing and serving these papers. You must enter the hearing date in item 1 of the Notice of Motion.

4)    Make at least three copies of these forms after you have completed them:

·    Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support (form FL-390).

·    Financial Income and Expense Declaration (form FL-150).

5)    You must have one copy of each of the following papers served on the local child support agency and on the other party, if the other party is not the county:

·      Your Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support (form FL-390).

·      Your Income and Expense Declaration (form FL-150).

·      A blank Responsive Declaration to Motion for Simplified Modification of Order for Child, Spousal, or Family Support (form FL-392).

·      A blank Income and Expense Declaration (form FL-150).

·      Information Sheet—How to Oppose a Request to Change Child, Spousal, or Family Support (form FL-393).

For instructions on how to serve these papers properly, see the information box on the Proof of Service, found on the reverse of the Notice of Motion (form FL-390). Whoever serves the papers should fill out and must sign the Proof of Service.

6)    Take the original of each of the completed forms to the court clerk’s office for filing.

You can contact me at Amanda@gordonfamilylaw.com for more information.

Can I deduct my child support payments from my taxes?

No. 

Do I need my ex’s permission to enroll my child in swimming lessons during my parenting time?

No. You do not need your co-parent’s permission to enroll your child in extracurricular activities during your parenting time. The decision to permit participation is a parenting decision.  So long as a parent has sole or joint legal custody, they may enroll a child.  If there is a dispute about whether the enrollment unreasonably infringes on the other parent's custodial time or if the child's participation is in the child's best interest are issues that a court can resolve if the parents disagree.

The requirement for an agreement between the parents is usually tied to the expense of the activity, so that one parent cannot unilaterally commit the finances of the other parent.  However, since extracurricular activities are a discretionary add-on, there is no absolute right to require the other parent to share the cost (although, in practice, this is usually what courts order).