We live in Ca as well and we just found out that
child support was taking more money that was supposed. Probably here's a light.
This is the law:
(7) In all cases in which the net disposable income per month of
the obligor is less than one thousand dollars ($1,000), the court
shall rule on whether a low-income adjustment shall be made. The
ruling shall be based on the facts presented to the court, the
principles provided in Section 4053, and the impact of the
contemplated adjustment on the respective net incomes of the obligor
and the obligee. Where the court has ruled that a low-income
adjustment shall be made, the child support amount otherwise
determined under this section shall be reduced by an amount that is
no greater than the amount calculated by multiplying the child
support amount otherwise determined under this section by a fraction,
the numerator of which is 1,000 minus the obligor's net disposable
income per month, and the denominator of which is 1,000. If a
low-income adjustment is allowed, the court shall state the reasons
supporting the adjustment in writing or on the record and shall
document the amount of the adjustment and the underlying facts and
circumstances.....
4058. (a) The annual gross income of each parent means income from
whatever source derived, except as specified in subdivision (c) and
includes, but is not limited to, the following:
(1) Income such as commissions, salaries, royalties, wages,
bonuses, rents, dividends, pensions, interest, trust income,
annuities, workers' compensation benefits, unemployment insurance
benefits, disability insurance benefits, social security benefits,
and spousal support actually received from a person not a party to
the proceeding to establish a child support order under this article.
The we-site for family law is:
http://www.leginfo.ca.gov/calaw.htmlThis web-site could help you to calculate child support:
http://www.west.net/~ivguy/testcalc.htmlIt doesn't mean that that's going to be the amount, but could have an idea.
You will find all the laws and code there for the State of California including Family code.
Pay attention, when reading to the definitions of net income and disposable income, THAT'S THE HINT! If the net income is different than the net income in CS, he can make an appeal. If he has the custody of a child, he can claim hardship. Read very carefuly the CS codes (I just gave you a hint, but you have some of the articules use that as a guide), it is very well defined what is NET INCOME. If he has any other expense related to work, he can deduct it. Can I ask what kind of job does he have? OOOPPPSS, almost forget...unfair but real Ca takes in consideration how much time the father spends with the child, the less time, the more money. So he should settle visitation first. Remember, the more visitation, the less child support. Tell him to try to get "
JOINT CUSTODY".... That's another "trick" that he could use and it is in the Family Code. Ca believes in joint custody.... There are also lawyers pro-bono. IfI find the web-site I'll forward it to you.
If you have any other question, you can e-mail me... just click in my nickname and I'll receive your e-mail.
Good luck and may God bless you for helping that friend! :)
;)