MY last article dealt with the fact that many Pilipinos have misconceptions or are misinformed about family law here in the United States, specifically, in the State of California. They tend to not know their rights or the parameter of rights that deal with the area of family law. These areas include divorces, custody, child/spousal support, paternity actions, wills/trusts, property rights etc.
As stated previously, throughout the years that I have practiced family law here in Southern California, I found that my Pilipino clients have to be briefed about the law and what the law could and would provide for them. They tend to bring their own knowledge of the law from the Philippines and expect that the Philippine law would also apply here in the United States. This is rarely the case and is a cause of adverse rulings against them. That is why it is very important that we Pilipinos know our rights in this area so that we could plan ahead of time before it is too late.
In this week’s article, I would like to discuss the issue of “child support” in the State of California. Child support is computed pursuant to a California Statute also known as “guideline child support.” This mathematical computation is now computerized and is used frequently by state courts to calculate the appropriate level of support for any minor child. Numbers are plugged-in and then a child support figure is calculated for a child or a series of minor children. One popular version of this computerized program is called the “Dissomaster.”
Like many mathematical equations, many factors and figures are used to calculate child support. All gross earnings of both parties, medical insurance, union dues, mandatory retirement are just some of the factors that are plugged-in to this formula. It is simply not just the father’s income or the mother’s income, but both incomes are used to calculate child support.
Many of my clients would ask me if their monthly expenses are taken into consideration. They would inform me of their high mortgage payments, car payments, credit card bills etc. with the hope that the law would take these payments into consideration. Unfortunately, I would have to inform my clients that these figures are usually not taken into consideration. The policy of this State is that child support is of the highest importance regardless of whether one party has a $2,200.00 mortgage payment per month.
On the other hand, the court will consider some factors that are not voluntary in nature. These would include extra-ordinary medical expenses, transportation costs, other supported minor children, etc.
The issue of child support should not be taken lightly by any parent. This issue should be planned out carefully with all possible outcomes taken into consideration. There should be no surprises after parties go to court. There are many laws that govern child support and a parent should consult an attorney prior to arguing in court and bringing an action in court. I have had many cases where the other side or opposing party would force my client and I to go to court only to find out that they would not get a reduction of child support, instead, my client would get an increase. Sometimes, this increase in child support is significant. This outcome, of course, is beneficial for my client, but it also proved very detrimental to the other side. Do not let this happen to you. Understanding your rights in family law could and would protect you from unexpected surprises.
Schedule an appointment with me and I can help you estimate your child support amount because I have the computer software “dissomaster.”
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Ethelene F. Salas, Esq. is a practicing family law attorney. Ms. Salas is a Filipino-American born in the Philippines, raised in the United States, and speaks Tagalog fluently. The Law Offices of Ethelene F. Salas is located at two locations – the main office at 100 N. Barranca St., Suite 700, West Covina, CA 91791 and affiliated offices at 18000 Studebaker Road, Suite 700, Cerritos, CA 90703. To schedule an appointment with her, please call (626) 858-4646 or visit www.EFS-Law.com.
Hello atty,
I have 3 month old child to a conditional green card holder. We were a couple for 5 years, but we’re not married. He has acknowledged paternity, his signature is affixed to our baby’s birth cert and the baby uses his father’s last name too. He left for the US last 2014 holding a student visa. When I got birth last Feb2017, he went back here for the baby’s delivery. After giving birth, I busted him cheating on me. A few days after, he rushed back to the US, Unplanned and without notice. He didn’t even visit our baby. Since then, he has been promising support but has only sent 2,000 pesos. I want to file a child support case against him and I would like to know the implications it may have on his immigrant status. Please please help me. Thank you.