As the Coronavirus continues to impact our communities, our focus at the Law Offices of John A. Guthrie is on the health and safety of our employees and clients. We remain committed to providing service to our clients during this time. To do our part in slowing the spread of the virus, we will be transitioning all current and prospective client meetings to Zoom video conferencing and/or telephone conference. To our current clients, we will be coordinating with you to organize these calls. Please feel free to call our office at any time. Stay well!!

Law Offices of John A. Guthrie - Family Law Attorney

Finding Solutions For Family Law Problems Since 1990

You’ve Got Questions; We’ve Got Answers

Determining child support amounts in California

In California, ccourts base the amount of determined child support on the parents’ income. However, only certain monetary sources are considered as income.

The court takes the noncustodial parent’s gross income into account when determining how much child support should be paid. Gross income includes all work-related income, including earnings from self-employment, severance, contracts, commissions, annuities, pensions, dividend payments, investments and fringe benefits. Government benefits such as Social Security, Veterans’ and other military-based payments are also considered income by the state. Supplemental benefits such as workers’ compensation, disability or unemployment qualify as income as well.

The state may deem other monetary sources as incomes, even when unrelated to work, government benefits or disability. For example, school-related grants and lottery winnings are viewed as income. When a noncustodial parent marries an individual that earns a substantial amount of money or receives a large amount of alimony, the court could also consider that as a source of gross income.

Unrealized income, which is defined as assets that has not yet been received, could also affect a support obligation. Individual retirement accounts, retained business earnings, stock options, stock-based capital gains and income derived from a trust are examples of unrealized income. Each has the potential yield interest capital, and any fiscal gain may be considered income by the court.

California child support guidelines are designed to consider any potential aspect of income that supports the best interests of the child. Anyone with questions about paying or receiving child support may want to seek the advice of a family law attorney. Legal consultation could help ensure child support payments are accurate, compliant and properly enforced.

Archives

Findlaw Network