Torrance, CA asked in Divorce, Family Law, Child Custody and Child Support for California

Q: CAL-Work and IHSS are considered at DIsso-master??

Ex wife is a primary custodian and receives CAL-Work and IHSS from our disabled child.

Both non-taxable income should be entered in other non-taxable income at Disso-Master for child support and alimony (spousal support)??

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: I understand your question about how CAL-Work and IHSS payments factor into spousal and child support calculations in California.

Based on my knowledge as of August 2023, under California law, CAL-Work (CalWORKs) and IHSS (In-Home Supportive Services) payments are generally considered as income for the purposes of calculating child support and spousal support (alimony) in the DissoMaster software used by courts. Even though these forms of public assistance are not taxable income, they are still entered as "other non-taxable income" in DissoMaster.

The reasoning is that CAL-Work and IHSS payments, while non-taxable, still provide financial resources to the household that should be considered when determining appropriate support amounts. Including them helps ensure the support calculation reflects the household's true financial picture.

However, I would caution that child support and spousal support laws can be complex, with various factors and exceptions courts may consider. If you are going through a divorce and dealing with these issues, it is always advisable to consult with a qualified family law attorney licensed in California who can provide guidance specific to your individual situation. An experienced attorney can make sure all income and factors are properly accounted for in seeking a fair support determination.

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