In California, if a father owns a house, but is unable to pay the mortgauge after paying the required child support. Is there anyway to rent the rooms without paying additional income tax and more child support based on the "additional income?"
Are their any programs or avenues to help fathers against the unfair California Paternity laws?
I have heard your complaint many times over 23 years. Child support is set by law and the formula is contained in the Dissomaster program. Your gross income (from all sources), her gross income and the visitation percentage. A few other tax deductible items and health insurance are also considered. The number kicked out is called guideline child support. The court cannot, by law, enter a child support number less than guideline unless the parties agree and represent to the court that the childs needs will be met. This level of child support is not just in paternity cases but also in divorce cases. The formula is set by the legislature. The best you can do is to contact your congressperson, explain the situation and asked that the formula in the future be changed to make it less difficult. That would be a hard battle to win though. No congressperson wants to be seen taking food out of the mouths of children and that is the way it would be argued. As I tell my clients, you may just have to adjust your finances to deal with the situation. Maybe renting rooms is a good idea and financially it will work out. Meet with an attorney and run the numbers and see what you can come up with strategically. There are ways of dealing with the situation.
Michael is in San Jose, California and can be reached at 408-295-4232 or at [email protected] Consultation fees, rates and retainers vary based on need and ability to pay.
Maybe keeping the house is not worth the trouble. If the house has equity you should sell it and downsize. If the house has negative or no equity then you could consider (1) having the house forclosed (2) continuing to pay the mort but not pay other credit debts such as credit cards (rob peter to pay paul) (3) file bakruptcy which wont save the house or lift the child support obligations but would clean your plate related to other debts.....im sure there are other options...these just came to me while im waiting in court.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
I agree with the attorneys above. One little note to add, you could approach the other parent and explain your situation. See if you can adjust the child support accordingly. She may understand if it means the kids potentially being uprooted from their home.
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