Child Support

How is Child Support calculated?

Attorney Aaron M. Hudson is experienced and skilled in the area of Child Support, including initial child support determinations, as well as modification of child support. Child Support in California is typically calculated according to “guideline” which is a complicated formula codified in the California Family Code. Courts and attorneys typically use a propriety program called Dissomaster® to calculate guideline child support. Many attorneys lack the expertise to properly calculate support using this program. Aaron is considered by many to be an expert in using Dissomaster®. He has participated and taught many hours of specialized continuing education in the use of this program. Quite simply, an error in the input of information in this program could cost you money each month in support. It is also not uncommon for attorneys to intentionally manipulate the input of income information to advantage their client. This is a prime example of why you need Aaron M. Hudson on your side.

What does the court use as a basis for "income"?

Formula child support is a share of the parents' "net monthly disposable income", computed by totalling "annual gross income" less allowable deductions to arrive at "annual net" and then dividing by 12 to yield "monthly net". Annual gross income means income from whatever source derived, including but not limited to income from commissions, salaries, royalties, wages, bonuses, rents, dividents, pensions, interest, trust inocme, annuities, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits (but not SSI benefits), and spousal support received from a person not a party to the child support proceeding. Also included is income from a business proprietorship. The court, in its discretion, can also take into account the value of employee-paid benefits which reduce a persons expenses. 

What if the other party is underemployed or hiding income?

In certain circumstances, the court can "impute" income and base a support award on a person's "earning capacity". Subject to the child's best interests, courts properly act within their discretion in imputing income from work to an unemployed or underemployed parent where the parent has the ability to work, has an opportunity to work, but lacks the willingness to work consistent with that ability and opportunity.

It is not uncommon for a party who is self-employed, or receives cash income to "understate" thier income. Because the income disclosures must be signed under penalty of perjury, it is a crime to falsely report your income in a child support case. Most people think it is impossible to trace their cash income. Attorney Aaron M. Hudson has a great deal of experience in discovering and proving opposing parties' true income. By subpoenaing and reviewing bank records and other documents, and conducting discovery, fraudulent conduct will usually be exposed.