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The Law Office of Brian Don Levy - Divorce Net

Brian Don Levy was admitted to the State Bar of California in 1973, and he has been specializing in family law, civil litigation, business & transactional matters and estate planning since 1973. Mr. Levy has regularly served as a Judge Pro Tem and as an approved Family Law and Civil Litigation Mediator and Arbitrator since 1978. Additionally, Mr. Levy is on the panel of the Los Angeles County Superior Court approved Civil and Family Law Arbitrators and Mediators. Mr. Levy is also a member of the Coalition For Collaborative Divorce, where he provides collaborative family law services. Our spectrum of services includes Paralegal Support Services, Mediation Services, Arbitration Services, Collaborative Divorce Services and Litigation Services throughout Los Angeles County, Orange County, Riverside County and San Bernardino County.

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#225778 - 09/28/09 11:31 PM amount of child support to be paid
shotfun Offline
Member

Registered: 09/26/09
Posts: 19
ive gone over the child support calculator for california support issues, and im having an issue with it. i have a one year old daughter from a wife of two years. im to have our daughter 40% of the time. i make about 100,000 per year and my 21 year old wife does not work... too much time with her girlfriends. btw im 35. but i have a son who is 15 that i raised his whole life but now is splitting time between his mother and i. the issue with the child support calculator is that i cant find a way to input the cost of caring for my 15 year old. different mother , and we both just pay for him when hes with either of us, no support issue there. so....100,00 a year, 40% of time with one year old with soon to be ex wife, and a 15 year old with me half time, from a previous relationship with no support issue. how much do i pay for my daughter

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#225785 - 09/29/09 03:05 AM Re: amount of child support to be paid [Re: shotfun]
Tali_Llama Offline
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Registered: 06/17/03
Posts: 6740
Loc: S. California
These are two separate calculations - your children do not "go together".

Regardless of which child is older, what matters is if there is an existing court support order or not. If you are not paying child support for your son, then your support for your daughter will be based off of your full income.

If you end up with a child support order for your son first, then you adjust your income down by the amount of child support when calculating your daughter's support amounts.
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#225794 - 09/29/09 08:28 AM Re: amount of child support to be paid [Re: Tali_Llama]
shotfun Offline
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Registered: 09/26/09
Posts: 19
so even if my son lives with me there's no adjustment for what it costs to support him? like his bedroom. private school costs?

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#225796 - 09/29/09 08:38 AM Re: amount of child support to be paid [Re: shotfun]
dvd Online   content
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Registered: 04/02/07
Posts: 4169
"so even if my son lives with me there's no adjustment for what it costs to support him? like his bedroom. private school costs?"

I believe even if you didn't have an existing CS for your son, he will be counted in the CS formula for your younger daughter since your son still lives with you some of the time and incurs some expenses on him. You just need to provide documents of how much time you have with him. I'm not in CA but it happened in my case.

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#225799 - 09/29/09 08:46 AM Re: amount of child support to be paid [Re: dvd]
astrolink Offline
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Registered: 06/03/03
Posts: 5742
I looked at a CA child support calculator online (which is not as complete as the dissometer), and the only deductions allowed there were actual child support or alimony payments.

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#225805 - 09/29/09 09:35 AM Re: amount of child support to be paid [Re: dvd]
Belle5 Online   content
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Registered: 05/15/04
Posts: 5162
'I believe even if you didn't have an existing CS for your son, he will be counted in the CS formula for your younger daughter since your son still lives with you some of the time and incurs some expenses on him. You just need to provide documents of how much time you have with him. I'm not in CA but it happened in my case.'

That is interesting. In my state the child's expenses when with the NCP would not be taken into consideration at all, only if an existing CS order were in place. In my state, the older child's expenses would not be taken any more into consideration for calculation of the child support, than that of subsequent children in a married situation. In otherwords, the new support order being calculated would not be affected or reduced at all. I guess it is assumed that in a situation where no support is exchanged, each parent is providing while with them, not gaining or losing money from the other party. And same in a married situation where no support is exchanged, expenses are just paid.

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#225809 - 09/29/09 09:54 AM Re: amount of child support to be paid [Re: Belle5]
shotfun Offline
Member

Registered: 09/26/09
Posts: 19
for arguments sake if I made 100 dollars a day and it cost 25 a day to support my 15 year old son. they would calculate off of 100 not 75. in turn compromising my sons well being?

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#225811 - 09/29/09 10:08 AM Re: amount of child support to be paid [Re: shotfun]
justche Offline
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Registered: 07/13/05
Posts: 810
It doesn't work that way shotfun. They take into consideration there are other children, but it doesn't cost less to support child 2 than it does child 1.

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#225812 - 09/29/09 10:10 AM Re: amount of child support to be paid [Re: justche]
shotfun Offline
Member

Registered: 09/26/09
Posts: 19
I don't want child two to have less support. I just don't want child one to lose out

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#225813 - 09/29/09 10:44 AM Re: amount of child support to be paid [Re: shotfun]
Belle5 Online   content
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Registered: 05/15/04
Posts: 5162
'for arguments sake if I made 100 dollars a day and it cost 25 a day to support my 15 year old son. they would calculate off of 100 not 75. in turn compromising my sons well being?'

I do understand your point. And I am not the best one here to advice you on California law. So I will have to comment in general.

Taking your line of thinking, it costs 25 a day to support your son. If that 25 were taken into consideration for CS calculations, leaving a net income of 75 a day for daughter's calculations, the daughter would receive less in support.

It is true that you have expenses for your son when he is with you, and the mother has expenses when she is with her. Both are expected to cover those expenses individually since there is no child support exchanged.

Now to give a little different example, my husband has a child support order from an earlier marriage. He and I have a son together. Our son has expenses. But those expenses do no come into the child support calculations for his first child. The ongoing debate right on this very board, is that the first children should not be affected monetarily by the subsequent children. Just as the debate could easily be reversed to your situation, with the first children receiving no support. The fact is, in my state the child's expenses are not recognized in CS calculation's UNLESS there is a support order. Then the court orders for the different children are calculated accordingly.

So now that I have lost you...lol. Yes, your son needs a bedroom, food etc, just as mine does with my husband and I. But just as you as the Dad are expected to pay for it without 'assistance', so are we. For example my husband's gross pay is used to calculate is support. The CS is subtracted from the net, 30+ percent of his net, and the rest is 'left' to support our family and our son.

As I said, I am talking in general, and CA may view this differently. Apparently DVD's state did. But just giving an overview as the thinking behind it where we live and what may be the case where you do as well.

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