~ Child Support ~
How is Child Support Calculated?
In California, according to statutory law, Child Support is calculated, based upon a number of factors set forth in the Family Code. Support is usually calculated using one of the computer programs approved by the California Judicial Council, which include Dissomaster and Xspouse. Attorney Don Werno has attended specialize training in the use of these types of programs to ensure that support in your case is not only calculated correctly, but also to your greatest advantage. There are a number of “tactics” that may be appropriate in your case, which other attorneys’ who are less skilled in the use of these support programs may not know about. The bottom line is that an error in calculating support may prove to be financially devastating to you. Additionally, there are some attorneys who intentionally try and manipulate the numbers to gain an unfair advantage for their clients, especially in cases where an attorney is not truly familiar with the support programs. Don Werno knows the support programs and will work to make sure you do not get taken advantage by an unethical attorney or by a mistake made by the Court.
What does the Court consider income for support purposes?
Simply put, the Court will look at your annual gross income, which is income derived from a number of different sources, including, but not limited to your salary, hourly wages, commissions, royalties, bonuses, business income if you are not incorporated, savings interest, investment income, dividends, trust income, annuities, rental property income, pensions, unemployment income, disability income, worker’s compensation benefits, disability insurance payments, Social Security benefits (excluding SSI benefits) and any spousal support you receive from someone, other than the child’s biological parent.
The Court can also, in some circumstances, consider the value of an employee benefits plan, which is being used to lower the expenses of the party who will be ordered to pay child support. The Court then uses a formula that calculates the support amount based upon the “net monthly disposal income” of both parties. That amount is calculated by totaling the annual gross income less any allowable deductions which is the annual net income. Finally, the Court divides the annual net income by 12 to arrive at the monthly net income. If it all sounds complicated, you now understand why the Court uses programs like Dissomaster and Xspouse to calculate the support amounts. You also understand why it is important to have an experienced attorney like Don Werno working to fully protect your interests.
What if my Ex is hiding income?
It is not uncommon for a self-employed party or someone who is “working under the table” for cash to try and understate their income to avoid paying a fair portion of their support obligation. In these types of cases, attorney Don Werno works to “trace” that income and many different techniques can be used to demonstrate that the errant parent has committed the crime of perjury by filing false income or asset statements with the Court, signed under penalty of perjury. Depending on the circumstances of your case, bank records, employment records and other types of documents may be obtained by subpoena or through discovery to document the fraudulent conduct so that a fair support amount can be obtained on your behalf. We will, of course, ask that the Court award you attorney fees to try and compensate you for the additional time and expense that was expended to uncover the lie and prove the true earnings amount. Attorney Don Werno has extensive experience working to uncover hidden assets and will use that experience for you.
What if my Ex is unemployed or underemployed?
If a party is unemployed, or underemployed, the Court can "impute" income to them based upon their earnings capacity. It is not uncommon for a party planning on getting divorced to actively reduce their income to avoid having to pay a fair support amount. Fortunately, the Court sees this type of activity every day and can, by acting in the “best interests of the child,” or a spouse, impute a certain level of income to a parent who is unemployed or underemployed, where that parent has the ability to work and yet chooses not to work to their fullest potential.
We Focus on Client Service and Results
At the Law Offices of Werno & Associates, we offer a free initial consultation and after-hours meetings by appointment. A retainer deposit is not always required and we accept Visa, MasterCard and American Express for your convenience. Payment plans may also be available, depending on the circumstances of your case. Feel free to give us a call to discuss the unique circumstances of your case and to see how we can help.
We offer our clients award winning services in the areas of Divorce, Child Custody, Child Support, Spousal Support and Modification of Existing Orders. If you are looking for a divorce lawyer, we understand family law and Don Werno, Esquire has been a divorce attorney and family law attorney for well over a decade. We are more than happy to provide you with divorce advice and to explain the complex family laws that exist in California. We are more than divorce lawyers, we are family law lawyers that care and can help.
Our offices are located near the 5 and 55 freeways in Santa Ana, Orange County, California and help is just a phone call or E-mail away. To learn more about our services, contact our office today. Se habla Español.
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