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California Spousal Support/Child Support calculator/Dissomaster

Gilroy, CA |

When I use an online Dissomaster it defaults to 1 child (no way to get that out of the equation). If there are actually no children, is the spousal support formula still correct or is there some sort of adjustment to it because no CS is paid?

Attorney Answers 3

Posted

Our office has maintained a family law practice in Alameda County, Santa Clara County and Contra Costa County for the past 31 years. I have represented several thousand of individuals in family law matters.

The dissomaster really not controlling in regard to spousal support. Many times the Judges will fudge, be lazy and look for this dissomaster for temporary spousal support orders. In regard to a permanent spousal support order at time of trial it is judicial error to just refer to the dissomaster formal printout. There are quite a number of factors that affect consideration of a long term order for spousal support the Judge must consider each and every issue.

To summarily get you out of your rut. I suggest that I'll take you back to the way we formulate temporary spousal support in the old days which has remained pretty consistent with the dissomaster printout computation. You take 40% of the net income of the supporting party, subtract 50% income of the supported party and that will give you a reasonable estimate of potential temporary spousal support.

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Asker

Posted

Thank you John! I'm using the 40%-50% formula which is I believe the "Santa Clara Rule". I'm using an online Dissomaster: https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator which always includes the CS in there. I think the judges in the county in question uses the 35%-50% for permanent support. The ex wife lives in the family home mortgage free and basically has no deductions other than $333 a month property taxes. Would there be an adjustment for that since her standard of living seems to be higher (based on the fact that my new wife and I have a mortgage)?

Posted

If you review the "Help" manual that comes with Dissomaster it will walk you through how to prepare a Dissomaster for child support only. So, yes, there's a way to do it. To do it right, correct your settings.

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Asker

Posted

Thanks Hillary I would like to do it WITHOUT child support and am only using an online CA dissomaster. Too bad I can't get the CS out of the formula online :(

Hillary Johns

Hillary Johns

Posted

You're welcome. Mr. Kitta is right. A lot of factors go into spousal support although if you're negotiating with your spouse on settling your case (which I suggest), Dissomaster can be a good starting point. You might want to review the FL 4320 factors. Ms. Johns is a lawyer although she is not your lawyer unless you have consulted with her and signed a fee or letter agreement confirming her representation of you. This post does not constitute legal advice and no attorney client relationship results.

Maxwell Charles Livingston

Maxwell Charles Livingston

Posted

I recommend, Ms. Johns for the case. She will do you proud.

Posted

Schedule a consultation with a reputable family law attorney in your area and he/she will be able to run the numbers for you. Be careful though--the judge does not have to follow any DissoMaster numbers for temporary spousal support. It is discretionary, not mandatory.

The online calculators are not always accurate and are generally provided by child support services--they are concerned with supporting children so they do not become a public charge so the program may not allow you to remove the 1 child default setting.

By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not intend to make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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Asker

Posted

Thanks Cathleen for taking the time to answer this question. The issue is a modification of suppport as my husband and his ex-wife have both recently retired and the mediator uses the dissomaster as a basis, although I suppose we just need net income of both parties (which the CSS calculator gives) before using the 35%/50% formula.

Cathleen Elisabeth Norton

Cathleen Elisabeth Norton

Posted

hmm...the fact are more complicated than can be handled here. Please call my office and I'll be happy to run the numbers for you.

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