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How does the CA dissomaster for child support work?

San Jose, CA |

I'm going crazy trying to figure out how the CA dissomaster works. How is it looking after the best interest of my children when the person providing the much higher standard of living is also the one the dissomaster says should be receiving child support payments? Her "circumstances and station in life" are, and will always be, far higher than mine. There is not a similar standard of living or living arrangement at all between our 2 households.

Is there anyplace where you can find a decent explanation of the dissomaster? California Guideline Child Support Calculator User Guide and still couldn't find actual answers.

We have 50/50 custody so this is not an issue of her being the custodial parent. I am trying to provide a somewhat equal living situation for my children to the one they have with her. She is claiming every additional penny I make. That money will not be used to pay for the needs of the children.

Attorney Answers 2

Posted

Dissomaster and the California Guideline Child Support Calculator [as well as any of the other certified calculators that exist in the market] are merely tools for the application of the guideline formula contained in the California Family Code. Child support is based on the relative income of the parents as well as the amount of time each parent has physical custody of the child. Each parent has an obligation to support the child and the mere fact that the custodial parent is able to provide a higher standard of living then the non-custodial parent is not a valid consideration in setting what that support obligation should be. Any claim that the custodial parent does not need your contribution will most likely fall on deaf ears as the Court will rightly point out that you have both a legal and moral duty to contribute to the support of your child and the relative wealth of the other parent does not obviate you obligation.

This information is provided for general educational purposes only including answers posted to questions asked. It is not intended to be relied on as legal advice. Your particular facts and circumstances must be considered to determine appropriate legal advice. Always consult with a competent attorney, licensed in your state, to discuss your particular situation. The material contained in this answer is provided solely for informational purposes. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the responding Attorney. The information in this answer is not guaranteed to be correct, complete or up-to-date. It should not be relied upon or construed as legal advice. You should not act or elect not to act based upon this information without seeking professional counsel.

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2 comments

Asker

Posted

We have 50/50 custody. There is no real custodial parent. The children actually spend about 16 days more per year with me based on our custody agreement than they do with her.

Mary Katherine Brown

Mary Katherine Brown

Posted

It is always a good idea to give priority consideration to the information provided by your state's attorneys as they are most often the best source of up-to-date information on local law.

Posted

It is based on disposable income and tax liabilities it is a confusing formula and that is why everyone uses programs like dissomaster.

I will provide a link that explains it.

http://www.divorcewizards.com/Calculating-Child-Support-in-California.html

I suggest hiring a lawyer if you think you are being cheated.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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4 comments

Asker

Posted

Thanks but I already know all of that. The issue is that my housing costs are far higher and I already pay far more for the children's activities and dr. bills because she refuses. The dissomaster does not take any of that into consideration. I may be the higher wage earner but after my monthly expenses I don't actually have any expendable income left.

Asker

Posted

I'm sure you know exactly how much it costs to hire a lawyer. I had a lawyer, I still owe him a lot of money. He did nothing for me, but take my money. I ended up winning my custody on my own without him. I need to take care of my kids, not spend money I don't have on a lawyer.

Tai Christopher Bogan

Tai Christopher Bogan

Posted

You asked, "Is there anyplace where you can find a decent explanation of the dissomaster?" I provided that for you and you reply "I already know all of that" Good luck to you in your situation.

Mary Katherine Brown

Mary Katherine Brown

Posted

Again, your local attorney’s are usually the best source of advice, and their answers should be given the highest regard

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