ONCALL
...Family Law
......Child Support
 18 Cards On This Topic:
  • Proper to include F's payments from Indian tribe's general welfare program, taxable or not, as income for calculating his c/s obligations.
  • FC §7637 authorizes a court to direct a parent to pay expenses of pregnancy, including IVF costs, incurred before the parentage action was filed; statute is permissive and grants the court discretionary authority.
  • Best interest test applies to consideration of whether to impute income to a party for child support, a circumstance that must exist for a vocational evaluation order under FC §4058.
  • C/s recipient has no obligation to notify payor upon child's reaching majority, or to reimburse for payments received after c/s has terminated, unless specifically ordered to do so in the judgment.
  • W&IC §12350 does not absolve F of the duty to support adult disabled child under FC §3910.
  • No abuse of discretion in concluding H's reported salary in 2020 was not determinative of his ability to pay c/s in 2020 and that he had sufficient financial assets and imputed income to meet his c/s obligations.
  • H’s law firm’s financial reserves properly considered in determining his ability to pay child support.
  • H’s affluent lifestyle, substantial assets, and ability to set own salary were special circumstances justifying an upward deviation from guideline.
  • "Net disposable income" is calculated by deducting permissible statutory deductions from gross income, not living expenses.
  • Trial court erred in disregarding all of F's evidence re his income.
  • The presumption of correctness of income tax returns does not apply to tax returns of a self-employed individual.
  • "Full-time" high school student for FC §3901 c/s purposes has the same meaning as in EC §48200: length of the school day as designated by the school district in which the parent or legal guardian resides.
  • Seek work order against mother was in child's best interest.
  • Absent evidence W's employment would trigger an end to regular gifts from her family, no abuse of discretion in assuming the gifts would continue.
  • Utilizing last 12 months of income an abuse of discretion where income varies wildly and previous year highest ever and not likely to repeat.
  • When a trust includes a valid spendthrift provision, a parent may reach into the trust for spousal or child support.
  • Cannot calculate child support based on a fictive timeshare to penalize a parent for interfering with visitation.
  • Payments made by a party’s parents to their attorney which are not available to the party for other purposes and which have since ceased need not be included in the calculation of income available for support.


    •