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Pam Priest
Pam Priest, Family Law Attorney
Category: Family Law
Satisfied Customers: 122
Experience:  17 years of experience as a family law attorney, including 2 1/2 years as a family law facilitator
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I am trying to find how my sons amount that he gets off my

Customer Question

I am trying to find how my son's amount that he gets off my record fits into what the Judge Orders for Child Support. Can the Judge have me give my son's father the amount I am getting for him plus a seperate Child Support amount or will it be combined with my income and the Judge will calculate an amount from that. Part of my Social Security disability is taxed. Part is taxable and part is non taxable, I believe that my sons part is the same part taxable and part non taxable unless you know different. I do not know if my son's part that I get for him is counted as income I will not know until I do my taxes for next year. I am trying to find out how much I will be paying for Child Support.

Can you help me on this
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.

DearCustomer- I cannot tell you the exact amount you will be paying since this is calculated by the court. The general rule is that the court will take the total income of the parties and then use that in the pre set tables to determine the total child support. Let's assume you make 60% of the total income. You would then pay approximately 60% of the total.

 

That is a very rough way of figuring the amount and doesn't take into account offsetting expense like day car and health care etc. There is only one figure used for the support and, as I said, it is based on the total income of the parties. It is impossible from this website to calculate child support since we do not actually represent clients in individual cases and we do not have sufficient information to make the necessary calculations.

 

Dave Kennett

Customer: replied 5 years ago.

I understand that part I just want to know if the part I get for my son for me collecting Child Support is included in my total income, and can they give him that amount plus a seperate Child Support Amount. Does California do the amount based on Gross income or net income. Nobody seems to know if the amount I get for him on my Social Security Disability record is considered income and how that plays into the Child Support Amount

Expert:  Pam Priest replied 5 years ago.
Hi, I am a California attorney and have dealt with this issue. In California, support is decided by an algebra forumla that has been turned into a computer called the Dissomaster (or Xspouse). You may already know this - but anyway, the figures that go into it are how much you receive from disability, how much the other parent earns and how much each person spends with the children. If you want to send me this info, I'll be happy to do a calculation. It won't be exact, but it would be pretty close.

To answer your question; If you are on SSDI, support would be based on the amount YOU get. The benefits that your son receives are called derivative benefits. That money is NOT considered income to you, because it is to benefit the children.

So if you have custody of your son, the amount that would go in would be the amount you receive, not including the money that goes to your son, the amount the other parent earns and the amount of time the other parent spends with your son.

If the other parent had custody, the court would calculate the total amount of support you would owe and then would SUBTRACT the amount of the derivative benefits paid out for the kids and you would only owe the balance. So, for example, if you were getting $1,300 and another $600 was being paid out for your son - if the other parent has custody, that $600 would be sent directly to the other parent. However, the court would order you to pay child support based on the amount you receive, or $1,300, and then would deduct $600 from the order. The chances are that the court would not order you to pay that much, in which case you would not owe anything. So in the above example, if the other parent had custody and you saw your son every other weekend and the other parent earned just $2,000 per month, and if $600 was going to the other parent for derivative benefits for your son, the court would order you to pay $192 as child support, BUT you would get credited with the $600, so you would not have to pay anything.

I hope this answer helps!
Customer: replied 5 years ago.

He makes 3044 +1576 bah, bas, deductions $30 med, dental etc He told the judge his non taxable was 3400.

 

I get $1450 disability for myself half is taxable half is non taxable, and I have him 20% of the time. My son gets $362 off my Social Security Disability record.

 

Could you do a quick calculation

 

Expert:  Pam Priest replied 5 years ago.
Sure, I will run a calculation for you. I do have a question, though - what is "bah" and "bas"? Why does he have nontaxable income?

Also, why is half of your income taxable? Are you receiving SSI in addition to SSDI? If so, is it exactly half and half (taxable and not)?
Customer: replied 5 years ago.
Sorry I am not sure what those mean; however what I meant to say is that he told the Judge his non taxable is 3400
Expert:  Pam Priest replied 5 years ago.
Okay. Based on the father getting $3400 in nontaxable income, you getting $725 as SSDI (social security disability income, which IS taxable) and $725 as SSI (social security income, which is NOT taxable) and you having your son 20% of the time, the court would order you to pay roughly $146 per month. This assumes that you are filing single and one and that the other parent files head of household and two (in other words, neither of you are remarried). So since your derivative benefits are $362, the other parent would get all of that (for your son) and you would not have to pay anything in child support.

Hope this answer helps you! Your local Family Law Facilitator can also answer this kind of question and run child support calculations. You can find your facilitator here: http://www.courtinfo.ca.gov/selfhelp/lowcost/qa-flf.htm#findflf. Good luck!
Customer: replied 5 years ago.
Actually the fathers $3400 is taxable income sorry about the miscommunication what would the calculation be with that and my $725 taxable and mom 20% time and son gets $362 off moms record
Expert:  Pam Priest replied 5 years ago.
That would be $165 that you would owe, so you still would not pay anything. Most likely the only way you would have any actual amount that you'd have to pay is if your timeshare was close to zero. I Just ran it with a zero timeshare and even then you'd only owe $363, so even if you had no time with your son at all, you'd only owe a dollar! Keep in mind these are rough figures - but they are close.
Pam Priest, Family Law Attorney
Category: Family Law
Satisfied Customers: 122
Experience: 17 years of experience as a family law attorney, including 2 1/2 years as a family law facilitator
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Pam Priest
Pam Priest
Attorney at Law
122 Satisfied Customers
17 years of experience as a family law attorney, including 2 1/2 years as a family law facilitator