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lwpat
lwpat, Attorney
Category: Legal
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Experience:  Actively practicing trial attorney
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I am about to give birth to a baby whose father I am not married

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I am about to give birth to a baby whose father I am not married to. He is wealthy with many assets, including a $2 million home, $100K car, stock, hefty liquid bank account. However, business has not been great for him lately and he has been living off of savings. His monthly income fluctuates and sometimes is 0-a couple thousand dollars. We live in California. My question: how is child support calculated in this situation? Will he not have to pay me anything since his income is low, although his wealth and assets are high?

Thank you.
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The state expects a parent to properly care and support their biological child. You can ask for a deviation from the dissomaster based on the fact that the father has the ability to pay. Family Code section 4057(b) is an important provision that allows departing from "guideline" support. That section states that the amount of child support that is presumed under the dissomaster may be rebutted by showing that the amounts otherwise rendered by the guideline "would be unjust or inappropriate in [a] particular case." Here since he has a substantial assets you can ask the court to increase the amount calculated under the guidelines. It would be up to the discretion for he judge.
Customer: replied 3 years ago.

Thank you. So does this mean that support is, indeed, decided based upon income alone? And if there is none or little, but there are assets, it's considered a special circumstance?

The initial child support amount is based on income but you can argue that it is not sufficient to provide care for the child and that since he has sufficient assets that it is proper to deviate upward from the guidelines.
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