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Experience:  14 years of practice in all aspects of family law.
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I am preparing for a mediation tomorrow to determine and agree

Customer Question

I am preparing for a mediation tomorrow to determine and agree upon child-support in a split custody, multi-jurisdiction case. Three children are with mom in Alameda County, California. One child is with dad in Dallas, Texas. Two questions:

1. We are trying to determine what income should be included in the California side of the calculation, specifically which of the following should be included as income:

- base W-2 wages
- annual bonus income
- car allowance
- rental income from an out-of-state investment property
- contributions to home and child expenses from a new, wage-earning spouse living in the home
- child-support payments received

2. If schedule E on the 1040 shows expenses against investment property income and a net loss, is the investment loss relevant in the child support calculation?

3. Do you know of an attorney in California, preferably Alameda County, who might have time tomorrow to validate some numbers in Dissomaster or one of the other California approved calculation tools?

Thank you in advance.
Submitted: 2 years ago.
Category: Family Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.

Yes, I still need the answer...and now it is urgent. Thank you!!!

 

 

Expert:  Fran-mod replied 2 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  PlotinusLaw replied 2 years ago.
Hello, thank you for your question and for contacting JustAnswer. My name is Christopher and I will be helping you today. I will need to do some research in order to answer your question thoroughly. When I have the proper information I will send you my answer.
Expert:  PlotinusLaw replied 2 years ago.
I know that time is of the essence for you, so I wanted to provide to you what I have right now. The California child support guidelines, which include the child support calculation formula, definition of income, net income, and expenses, is found at the following URL: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4050-4076

The section that speaks to reductions states the following:

4059. The annual net disposable income of each parent shall be
computed by deducting from his or her annual gross income the actual
amounts attributable to the following items or other items permitted
under this article:
(a) The state and federal income tax liability resulting from the
parties' taxable income. Federal and state income tax deductions
shall bear an accurate relationship to the tax status of the parties
(that is, single, married, married filing separately, or head of
household) and number of dependents. State and federal income taxes
shall be those actually payable (not necessarily current withholding)
after considering appropriate filing status, all available
exclusions, deductions, and credits. Unless the parties stipulate
otherwise, the tax effects of spousal support shall not be considered
in determining the net disposable income of the parties for
determining child support, but shall be considered in determining
spousal support consistent with Chapter 3 (commencing with Section
4330) of Part 3.
(b) Deductions attributed to the employee's contribution or the
self-employed worker's contribution pursuant to the Federal Insurance
Contributions Act (FICA), or an amount not to exceed that allowed
under FICA for persons not subject to FICA, provided that the
deducted amount is used to secure retirement or disability benefits
for the parent.
(c) Deductions for mandatory union dues and retirement benefits,
provided that they are required as a condition of employment.
(d) Deductions for health insurance or health plan premiums for
the parent and for any children the parent has an obligation to
support and deductions for state disability insurance premiums.
(e) Any child or spousal support actually being paid by the parent
pursuant to a court order, to or for the benefit of any person who
is not a subject of the order to be established by the court. In the
absence of a court order, any child support actually being paid, not
to exceed the amount established by the guideline, for natural or
adopted children of the parent not residing in that parent's home,
who are not the subject of the order to be established by the court,
and of whom the parent has a duty of support. Unless the parent
proves payment of the support, no deduction shall be allowed under
this subdivision.
(f) Job-related expenses, if allowed by the court after
consideration of whether the expenses are necessary, the benefit to
the employee, and any other relevant facts.
(g) A deduction for hardship, as defined by Sections 4070 to 4073,
inclusive, and applicable published appellate court decisions. The
amount of the hardship shall not be deducted from the amount of child
support, but shall be deducted from the income of the party to whom
it applies. In applying any hardship under paragraph (2) of
subdivision (a) of Section 4071, the court shall seek to provide
equity between competing child support orders. The Judicial Council
shall develop a formula for calculating the maximum hardship
deduction and shall submit it to the Legislature for its
consideration on or before July 1, 1995.



4060. The monthly net disposable income shall be computed by
dividing the annual net disposable income by 12. If the monthly net
disposable income figure does not accurately reflect the actual or
prospective earnings of the parties at the time the determination of
support is made, the court may adjust the amount appropriately.




4061. The amounts in Section 4062 shall be considered additional
support for the children and shall be computed in accordance with the
following:
(a) If there needs to be an apportionment of expenses pursuant to
Section 4062, the expenses shall be divided one-half to each parent,
unless either parent requests a different apportionment pursuant to
subdivision (b) and presents documentation which demonstrates that a
different apportionment would be more appropriate.
(b) If requested by either parent, and the court determines it is
appropriate to apportion expenses under Section 4062 other than
one-half to each parent, the apportionment shall be as follows:
(1) The basic child support obligation shall first be computed
using the formula set forth in subdivision (a) of Section 4055, as
adjusted for any appropriate rebuttal factors in subdivision (b) of
Section 4057.
(2) Any additional child support required for expenses pursuant to
Section 4062 shall thereafter be ordered to be paid by the parents
in proportion to their net disposable incomes as adjusted pursuant to
subdivisions (c) and (d).
(c) In cases where spousal support is or has been ordered to be
paid by one parent to the other, for purposes of allocating
additional expenses pursuant to Section 4062, the gross income of the
parent paying spousal support shall be decreased by the amount of
the spousal support paid and the gross income of the parent receiving
the spousal support shall be increased by the amount of the spousal
support received for as long as the spousal support order is in
effect and is paid.
(d) For purposes of computing the adjusted net disposable income
of the parent paying child support for allocating any additional
expenses pursuant to Section 4062, the net disposable income of the
parent paying child support shall be reduced by the amount of any
basic child support ordered to be paid under subdivision (a) of
Section 4055. However, the net disposable income of the parent
receiving child support shall not be increased by any amount of child
support received.



4062. (a) The court shall order the following as additional child
support:
(1) Child care costs related to employment or to reasonably
necessary education or training for employment skills.
(2) The reasonable uninsured health care costs for the children as
provided in Section 4063.
(b) The court may order the following as additional child support:
(1) Costs related to the educational or other special needs of the
children.
(2) Travel expenses for visitation.

As with many issues that need to be determined pursuant to statute, yours is not expressly indicated in the statute. Your best bet for being able to have the property expenses deducted from the child support calculation of income is going to be under subsection (a), if some of those expenses include property taxes, or subsection (f), if you can demonstrate that the expenses incurred against the property were apart of a self-employment business.

As far as your attorney search, I can give you the URL for the Alameda County bar association which is as follows: https://www.acbanet.org/. Contact them and ask for a list of prominent family law attorneys in your area.

I hope that this was the information that you were looking for. If you have any follow up questions, please don't hesitate to ask. Finally, please remember to click on the green "accept" button so that I may receive credit for this answer.

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14 years of practice in all aspects of family law.