One of the most common problems that a lawyer faces in Court is making sure that an accurate CHILD SUPPORT amount is ordered by the Judge. It is often quite easy to calculate what a parent's income is for child support purposes. However, a careful Attorney will want to make sure the he makes know to the Judge all the available support deductions from the Client's income.
The California Family Code lists certain specific deductions from a parent's gross income that must be taken into account by the Court when calculation Child Support. These deductions will have the effect of lowering the parent's net income in the Child Support calculation. This will lower the amount of money that the paying spouse has to pay the other parent. On the other had, a lower net income for the receiving parent can raise the amount of money that that parent will be awarded in Child Support.
Some of the most common deductions that are allowed by the Family Code are listed here:
A deduction for Mandatory Union Dues where the dues must be paid as a condition of employment.
A deductions for the amount of health insurance premiums for the Parent, and for any minor children that parent has an obligation to support.
A deduction for any Mandatory Retirement Contributions. Note: This is generally only for Pension contributions, not for Deferred Compensation plans such as a 401(k).
Any currently paid Child Support or Spousal Support that is actually being paid under a current Court Order. This would be that case where a parent has other children from another relationship and is paying either Child Support or Spousal Support in another matter.
Necessary Job related expenses. This is most commonly referred to by the Court as professional licensing fees and mandatory parking charges for certain workers.
A Hardship Deduction will sometimes be allowed by the Court for the minimum basic living expenses of the parent's natural or adopted children from another relationship who reside with the parent and whom the parent has the obligation to support. This is most commonly applied where a parent in a support matter has another child living with them and that parent does not receive any financial assistance from the other parent.
Ensuring that an accurate Child Support order in place can often be a little tricky. A parent should never hesitate to seek advice from an experienced Family Law Attorney.