How much Child Support would I have to pay in California?

Question

Here is the situation...I have two little girls with my ex-girlfriend. I currently pay $250/week for their daycare, and an additional $200/ mo. for extra things, so $1200.00 per month total. This is not court ordered, it is just what we have agreed to do. She agreed to let me see my girls if I did this but does not allow me to see them except to pick them up from school and drop them off at their grandmas house once a week. She is now refusing to let me claim one of the girls on my taxes, even though I pay almost $15000.00 per year support. She claims if she takes me to court she will get way more than $1200.00 per month support out of me. I really don't want to go there, I just love my little girls and don't want to drag this into court, but I will if I have to. Anyone know if this is true? Would she be able to get more than $15000.00 per year out of me for my two kids. I am trying to do right by my kids, but I just can't afford to pay a whole lot more than what I am paying now.

By the way my net income is only approximately 2500.00 per month

Answer 1

every state is different (slightly) about these matters, but basically its like this:

in todays courts, both parents pay for daycare (% based upon what both parents make)... so, i dont know if that $200 wk for daycare is half (probably more then half), for daycare is expensive!

plus the $200 wk child support.... both amounts means you make a pretty penny.

the $15,000 you pay per yr in child support is probably not more then 50% of their total cost of living, so shes right.

she also may be right about you paying more if she took you to court; meaning, todays courts go by BOTH parents incomes (not a set amount per child, like in the old days). when they calculate the child support, they also factor in daycare costs, medical insurance costs and much more. when the court calculates the child support amount (both parents), and one parent isnt working, they calculate an income for them (usually minimum wage if unskilled) and add it in. in some states, the one parent doesnt have to work if the baby is very young.

many things are factored in.

only you know your incomes, so here are some child support calculators; just click on your state and fill it in. this is a basic idea as to what you would be paying, give or take... depending upon the other needs of your little girls.

CHILD SUPPORT CALCULATORS
http://www.divorcelawinfo.com/calculators.htm
http://www.alllaw.com/calculators/childsupport/
http://www.helpyourselfdivorce.com/child-support-calculators.html

as for the taxes, all the IRS looks at is who paid for more then 50% of the child(ren) living expenses and if they lived with you for a certain amount of months per year. if you both claim them, the IRS will audit both of you... and the one with the living expenses receipts wins.

IRS links to help answer any questions you have.

TAX INFO
http://www.taxsites.com/index.htm
http://www.divorceinfo.com/taxes.htm
http://www.irs.gov/taxtopics/tc354.html
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/advocate/index.html
http://www.irs.gov/publications/p525/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://money.cnn.com/2007/02/14/pf/taxes/do_not_miss_tax_breaks/index.htm?postversion=2007021411

more links if you have more questions: just click on your state and find the subject/section you want.

LAWS
http://www.divorcelawinfo.com/states.htm
http://www.divorcehq.com/spprtgroups.html
http://www.divorceinfo.com/statebystate.htm
http://www.divorcenet.com/states
http://www.divorcesource.com/
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml
http://www.divorcecentral.com/
http://family.findlaw.com/
http://www.divorcehq.com/deadbeat.html
http://www.divorceinfo.com/
http://www.divorceinanutshell.com/
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://family.findlaw.com/child-support/support-laws/state-child-/
http://www.supportguidelines.com/resources.html
http://www.supportguidelines.com/links.html
http://www.supportguidelines.com/laypersons.html
http://www.supportguidelines.com/articles/news.html
http://family.findlaw.com/child-support/support-basics/
http://www.spiesonline.net/deadbeat.shtml
http://www.childsupport-aces.org/index2.html


On a personal note; its refreshing to see a parent step up to the plate, show a good loving example to his/her children without being court ordered to.

on behalf of us single parents out here... Thank You.
.

Answer 2

The courts determine the amount acording to your income. When I divorced my husband, we did it without lawyers. The court considered his income of 2500.00 pr month ( which was a lie) He is self imployed and can say what the wants. Anyways I was awarded 175.00 pr child according to that amount here in calif. I am sure your income is much more, so probably 500.00 pr month is right for you.. You were not married so I don't know if alamony applys. I think you are paying the right amount.. By the way you are only paying about 15k not 150K Big difference. You can go to ct with out lawyers, and make arrangements to claim the girls at least every other yr. That.will give you an extra tax credit of 6000.00 pr yr. Why not at least get a consultation from an attorney. About 300.00 will get you one.

Answer 3

Child support is NOT deductible, so that advice is flat out wrong, if that's what's being stated.

Look on the web, most states base this on income and number of children.

In IL where I live, it's 20% of net (after taxes) for one child.

That's far less than I was paying living with the cheater.

No seperate amounts for daycare, etc. She has to learn to live on that 20% plus whatever she makes.

For a non-custodial parent to claim a child, there has to be a court order, or she voluntarily signs an IRS form.

So, while you cannot deduct child support from your income, it's possible a judge will order that you be allowed to deduct one or both children as dependents if you are providing the majority of their financial support.

Call a lawyer for specific advice.

Answer 4

First of all in the State of California child support is based upon your income, the cost of living and the mother's ability to provide financial support to the children as well. As far as visitation, I suggest you see a lawyer and have an order of visitation drawn up. It sounds as if your ex girlfriend believes that child support is payment for visitation which it isn't. About taxes, in California taxes are usually split 50/50, half of the year the father claims half of the year the mother claims because although the father offers PARTIAL financial support the children are still living under the mother's roof so she is well within her rights to claim one of your daughters for the full year while you claim the other. Again I STRONGLY suggest you see a lawyer.

Answer 5

Child support is based on YOUR income. This is your child, not your new husband's child. The courts can not make your husband pay your child support or increase your child support payments because you got married. Just talk to a lawyer.

Answer 6

depends on where u are, the laws of your area. My husband and i Pay 400 a month CS for his daughter, plus we have her 3-4 days a week. WE are only court ordered to pay half that, the other half is daycare that we offered to pay. Whenever they are fighting the ex threatens, i told her to go right ahead, as we would be paying less then that if she did. It also depends on how many dependants u have as well.

Answer 7

if you go through a Court Mediator you and your ex can come to some kind of an agreement with the child support..since you are helping with some of the costs for the child..but if she is not willing to be civil about anything then i would get a lawyer and tell her you will see her in court..Good Luck

Answer 8

For a quick calculator for California check out the following website.

http://www.debtcareguide.com/childsupportinfo2.php

For information on fathers' rights and how to combat a biased court system and make sure you only pay what is needed for the child's support AND to uphold your rights - check out http://www.childsupportsaver.com

Answer 9

Let her take you to court. If so, she'll probably get less. Not much you can do about claiming the kids but you can claim the child support payments you make.

Answer 10

I am having a tough time comprehending why you are paying for daycare when you don't have custody. If she wants to raise the children, she can raise the children herself. Paying her to pay someone else to watch the children is nuts.

If someone extorts money from you by threatening that you'd be paying even more through legal channels, they are full of ****.