As a result of Federal law, states are required to have guidelines for child support that are uniform from county to county. California devised a complicated formula based on the net income of the parties and their time shares with the children.
To determine net income, the court must calculate income taxes, then take out allowed deductions - this step requires a computer to do the calculations. The next step in the process is to determine how much of each party's income is allocated to children, then transfer the money so that it is divided according to the percentage of time each parent has the child or children - the amount to be transferred is child support.
Theoretically, these steps can be calculated manually, but it isn't worth the effort. Virtually all judges and many lawyers have expensive computer programs that do these calculations for them. The most widely used in San Diego County is DissoMaster, followed by SupportTax. The algorithms and assumptions of both programs were designed by the same person - the main difference is the way the data is input and the way it is displayed. The judges all seem to use DissoMaster, but the results should be the same.
Determining correct child support, however, is not that simple. While the calculated amount is virtually mandatory [rather than just a guideline], what numbers go into the calculations are within the judge's discretion in most instances. This is particularly complicated where there are wide income fluctuations and self-employment income. Bonuses and overtime will usually be included, even though they are not predictable.
There is an art to determining what income figures to use, how time share is calculated, and what deductions are allowed. These are things that should be discussed with a certified family law specialist before you make a commitment to pay or accept a certain amount. In addition, there are add-ons, such as child care, uncovered medical expenses, and other child-related expenses which are purely discretionary.
For more detailed information, see www.divorceandmediation.com, or contact a certified specialist in your community.
