Stockton, CA asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for California

Q: Can public service employee pension be used to order child support amount. There's no income left after living expenses.

If his personal living expenses. Is considered As a deduction, then there is nothing left to support his second child with me,

can his monthly pension deduction be used for support?Can I also ask for automatic increase once his alimony is over

This is his second child. We have one child together. He is currently paying child support/ alimony to his ex-wife.

Department of Child Support Service calculated a Child Support amount from his W-2 and current paycheck stub.

he's pays 51% of his income in deductions. They used a calculation on the remaining income(his take home pay) for my baby's child support. And child support Department used the deduction of taxes, pension, 1st child support and alimony and excluded that from calculation.

He is contesting the amount based on his living expenses, he filled out income questionnaire and put his living expenses down. Mortgage,utilities, gas-car, even eating out, and One credit card bill. Those expenses Takes his whole take-home pay.

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • Divorce Lawyer
  • New York, NY
  • Licensed in California

A: His income and expenses should be declared in the child support proceedings. The Court makes a decision based on all facts presented. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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