CALIFORNIA FAMILY LAW
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Child Support
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Amount
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Financial Ability
............Fluctuating Income
5 Cards On This Topic:
Child support may be adjusted to take into consideration fluctuating or seasonal income of either parent.
Utilizing last 12 months of income an abuse of discretion where income varies wildly and previous year highest ever and not likely to repeat.
Calculation of income available for support when income fluctuates must be "fair and representative."
Time period used to determine income for support calculations must be representative of the immediate prospective earnings on which support must be paid.
Cases discussing fluctuating income in child support cases.