Wednesday, September 23, 2020

WHEN YOU CANNOT AFFORD SUPPORT OR JUST DON'T PAY IT?

 It's true, some people believe that due to their circumstances, they can just give away certain things or provisions, and not look back.  Arrears on back support at 10% compounded daily will triple in about 7 years? That is the formula used by California, hence the term dadbeat dads? Arrears is how the state makes most of their money involved with child support, in a very complicated program they designed long ago. If all the parents paid the support and there were no arrears, there would not be the compounding at 10% daily.


NOW let's just look at a few that probably happen more than not---



Giving up spousal support because you don't want it (This can be and is a huge error)

Giving up legal custody of kids because kids don't like you (Also a big mistake)

Shacking up with girlfriend so you don't need to work  (May not work as well as you think)

Using family's money and inheritance so you don't work  (LOL shows you are somewhat lazy)

As can be seen, much of the above involves the belief that one is insulated either from paying something or that one is not close to the kids to care enough about a relationship. When you have no visitation it means you pay more support.

If you don't live anywhere near the kids, it's going to always be a problem unless you had made an agreement or the court ordered one.  If you shack up with your girlfriend there's the issue or how much income of yours (subject to proof) is going to support the girlfriend and not the kids? Child support usually doesn't count the income of a new spouse.  I personally have little faith in the DCSS hearings on support, and generally, I do not do those hearings. However many attorneys will do them, but going there is awful in my opinion. (Handling support in a normal court on support is not the same as DCSS hearings.) The person handling DCSS hearings in Butte is NOT a judge and is only a commissioner. There is a huge difference.



https://www.divorcenet.com/states/california/cafaq02  (shown below, excerpt from article by retired Judge)

How does the court determine income in order to calculate child support?

Each parent's net disposable income is used to calculate child support. To figure out net disposable income, the court will first determine gross annual income, subtract certain deductions, and divide that by 12 for the monthly amount.

For the purposes of child support, gross income includes:

  • income from all sources including salary and wages, bonuses, commissions, rental income, dividends, interest, pensions, annuities, royalties, trust income, disability insurance benefits, workers’ compensation benefits, unemployment insurance benefits, social security benefits, and spousal support received from a person who is not the other parent in the child support action;
  • income from ownership of a business; and
  • employment or self-employment benefits, if the court finds it appropriate to consider these benefits.

Gross income does not include need-based public assistance benefits (such as CalWORKS, General Assistance, or Supplemental Security Income) or child support for children from another relationship that one parent actually receives.

After computing the gross income, the court will deduct the following to determine net income:

  • state and federal tax obligations
  • mandatory union dues, if required as a condition of employment
  • necessary job-related expenses
  • health insurance premiums, and
  • hardships such as extraordinary health expenses, uninsured catastrophic losses, and basic living expenses for children from other relationships.