Although calculating child support may seem like a simple process, it is actually very detailed and complex. When calculating child support, the California Family Code not only does the judge consider the custodial time and gross monthly income each parent has, but also a number other factors, including the hardships suffered by either parent. When dealing with a child support matter, it is important that you get essential advice from a skilled Wallin & Klarich family law attorney.
What Is A “Hardship Deduction When Calculating Child Support?
California Family Code section 4071(a) explains the circumstances that show a hardship to which the court will take into consideration when calculating child support. Under section 4071(a), the “minimum basic living expenses of either parent’s natural children for whom the parent has the obligation to support from other marriages or relationships who reside with the parent” is a circumstance showing hardship. Please take note that stepchildren cannot be considered as a hardship deduction. Only natural or adopted children can be considered as a hardship deduction.
Additionally, it is important to note that if your child from a different relationship does not reside with you, you cannot claim that child as a hardship deduction. However, if you are paying child support for the child from another relationship, the support paid for the other child will be considered separately when calculating child support for your child from the present relationship.
What A Hardship Deduction Means To You
Therefore, if you have additional children from a different relationship (not the relationship in which you are currently calculating spousal support), those children would be taken into account when calculating child support. The court will provide you with a hardship deduction for each child. This hardship deduction will also be applied to the other parent if he or she has a child from a different relationship that lives with and is supported by him or her.
Generally, the hardship deduction amount is equal to the amount of support ordered for one child as per the guideline formula. In most courts, including those in Los Angeles and Orange Counties, the judges making child support orders use a guideline formula on a computer program to calculate child support. This program has a specific section where the judge can include the hardship deduction for each qualifying child.
How We Can Help You
If you are currently going through a child support matter, you must speak with a Wallin & Klarich child support attorney right away. Our child support attorneys can explain how child support is calculated and can provide you with an estimate of what the child support payment would be in your case. We have been helping our clients obtain favorable child support orders for over 30 years and can help you now.
Call us today at (888) 749-7428. Wallin & Klarich has offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks. We will be there when you call.
