June 16th, 2011 | 
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Here are the facts: Wife and I married seven years and have been separated for eight months. During those eight months, I’ve had my boys over 60% of the time. I make $60,000 per year; she makes $52,000. We have two boys, ages 6 & 5; she also has two other boys, ages 12 & 14 from another marriage living with her about 90% of the time. There are no issues regarding abuse or drugs.
Currently, I pay all of the monthly $1,200 child care bill, plus the $400 a month med. insurance. According to various child support calculators, I’m paying much more than I should.
She says that she can’t afford to pay anything, yet she’s paying $200 a month for a housekeeper.
Those of you who have been before a CA judge, how has the judge determined child support? Is it strictly a numbers game, or do they take into consideration other more subjective things? Do they overly favor the mother?
Anyone that has been through this kind of thing, please share your thoughts.
Thanks!
Also, does a judge take into account a person’s standard of living prior to the separation? I am currently living with my parents and I’m unable to move out until she starts paying at least something. Will the judge take that into consideration?
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The judge will look at finances then make there decision. Good luck to you.
There is usually a set amount set for each child and each parent pays a percentage based on their income. You guys are pretty even. Having a housekeeper isn’t considered a necessary expense so I don’t think she would dare to mention that. If she has primary custody – you pay her your share and vice versa if you have primary custody.
In California, child support is calculated with a very complex algebraic formula that takes into consideration the parents’ incomes, each parent’s time with the child, and any tax deductions that are available to either parent.
To determine the child support guideline for a child, the following information must be obtained:
* The gross incomes of each parent.
* The percentage of time each child spends with each parent.
* Any available income tax deductions that the parents can claim, such as mortgage interest.
* Mandatory payroll deductions, such as health insurance, pensions, and union dues.
* Child care costs incurred by either parent
It should be based on your present salary if you have a job,otherwise it is based on the current minimun wage. I don’t know if it is different in CA than in TX!
Sir, I’m not from CA, but may I ask WHY if you have the children 60% of the time already, WHY NOT file for full custody? If you can prove you have them all the time, a judge will see and be in your favor!!!
Most states go by a percentage of the person that will be paying support. I’ve seen many cases where they didn’t even determine the other parents income! So, be careful on that one.
In court, you have to show due cause as to what monies you feel she is “throwing out the window and doesn’t need”. A hosekeeper isn’t a necessity!!
Good Luck! from MO
Its a numbers game and don’t agree to more than what the min is.
With you paying she has now motivation to change anything.
Nice guys get taken to the cleaners.
Don’t be generous be fair