Rancho Cucamonga & Upland Child Support Attorney
Divorce Attorney Providing Practical Counsel
Aaron M. Hudson is experienced and skilled in child support cases,
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 proprietary
program called Dissomaster® to calculate guideline child support.
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 take 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 totaling "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 the following:
- Workers' compensation
- Trust income
- Unemployment benefits
- Disability benefits
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 may reduce a person's 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" their 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. 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, fraudulent
conduct will usually be exposed.
Contact our firm today! We are dedicated to helping our clients protect their children's