Southern California Family Law Blog

Income from other sources, with some exclusions, should be factored into the annual gross income computation. There are many employee perks that the lay person is unaware of that are calculated into that parent’s gross income.

A company car provided as an employee benefit reduces that parent’s living expenses and thus is properly included as taxable income at its fair rental value.

If an employee receives free housing, at the courts discretion, the reasonable value of a parent’s rent free housing received as an employment benefit is properly included as income because the benefit reduces living expenses and thus increases money available for child support.

The California Code also includes overtime pay under the general definition of income. If overtime is predictable based on past overtime earnings, the overtime will be calculated as income unless the court determines that the overtime is not likely to continue in the future.

If a parent makes an agreement with their employer for voluntary debt repayment by effectively diverting funds from their income, these funds may be added back to their annual gross income to calculation.

Commonly if a parent owns a business and has control over their income they sometimes structure income and payment of personal expenses through the business to effectively reduce their income in an attempt to minimum child support. In this case, a court may properly consider the business paid personal expenses in determining the parent’s gross income for the child support calculation.

Therefore, there are many factors that come into play when determining what income can be used to calculate child support. It is important to retain a knowledgeable Tustin child support attorney to assist you in adequately representing your interests.

Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

Served Legal Separation Papers from My Wife in a Different County

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Dodger Ownership Continues to be Debated

Jamie McCourt is seeking $487,634 in monthly California spousal support or $320,957 if she is reinstated as Los Angeles Dodgers’ CEO after filing for divorce on October 27. She is also claiming 50% ownership of the Los Angeles Dodgers, despite Frank McCourt’s claims that he is the sole owner of the team. Her claim on the Los Angeles Dodgers will depend on whet… Continue Reading.......

Both of Us Filed Petitions for Divorce, How Do We Know which Petition Controls?

What happens when both husband and wife file separate petitioners for dissolution of marriage? How do you determine whose petition for dissolution prevails? The deciding factor, in determining which petition for dissolution prevails is who had the other party personally served first. To give you an example – Wife filed petition for dissolution o… Continue Reading.......

Ownership of the LA Dodgers is Uncertain with McCourt Announcement of Separation

With the announcement of the marriage separation of Frank and Jamie McCourt, debate has arisen over the exact ownership of the Los Angeles Dodgers. Jamie McCourt’s lawyer, Dennis Wasser, claims that the Los Angeles Dodgers are community property, therefore, entitling Jamie McCourt to 50% ownership. Frank McCourt’s lawyer, Marshall Grossman, however… Continue Reading.......

Court Denies Effort to ID Sperm Donor for Child Support

An interesting story out of Massachusetts discusses the case of an artificially inseminated woman who was trying to force a Newton sperm bank to reveal the identity of her twin daughters’ father so she can sue him for child support. The woman, identified in court papers only as Jane Doe, was contesting a Probate and Family Court Judge’s dismissal of the origi… Continue Reading.......

Special Safeguards Needed When One Parent is a Citizen of Another County to Ensure that Your Children are not Taken to that Country Without Your Permission

An American father was recently arrested in Japan for taking his children. The father had tried for a year to persuade a family court in Tennessee that he thought his Japanese ex-wife would flee with the children. The father even tried to restrict his ex-wife’s ability to travel outside the country with their children, but to no avail. Tennessee Court record… Continue Reading.......