Family Court Attorneys
Q.is there a formula or percentage that is used to determine child support payments? i'm looking for a "rule of thumb" -- if such a thing exists -- like, the father pays X percent of his monthly income. is there such a thing, or is the issue much more complex than that? i just want to know, for example, if a father makes $50,000 a year, how much of his income should go toward child support? what is considered fair?
A.The issue is much more complex than simple rule of thumb. It depends on total family income, relaive income of both spoiuses, percentage of time with each ex-spouse, etc. The progam used is the "diss-o-master", most family court attorneys have one. In one scenario, albeit an extreme but not impossible scenarion, I would have ended up with $1400 per month out of a gross family income exceeding $8,000 per month, trying to establish and maintain a household and a leading edge hi tech consulting career in San Francisco. The diss-o-master does not take into account the nature of the profession and the child collection departments of most district attorneys office could care less, unless you miss the payments. Consider the recent articles about the gross excesses, abusive behaviour and almost criminal errors of the Los Angeles County DA's office that were featured in the Los Angeles Times. I have been told that in the event of unemployment the support order does not automatically or immediately change and there seems to be no provision in CA, Family Law covering such normal and reasonable contingency. I have also been told that any change requires court action, which unless you can do it pro se, generally costs at least a $1000. Under the previous scenario words and phrases such as "impossible" and utterly unreasonable quickly springs to mind. By the way what I have stated is only a hypothetical situation. If you are in a situation where divorce is imminent I suggest you quickly contact an attorney. Particularly one who is cognizant of and has a track record of fighting for fathers' rights
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