What is Income Available for Child Support?

parent hugging their child

California Code, Family Code - FAM § 4058

Pursuant to California Family Code §4058, Income available for support includes all income, commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to establish a child support order under this article.

If you or your spouse own a business, gross receipts from the business reduced by expenditures required for the operation of the business.

The court may also consider benefits granted by an employer or self-employment benefits.

For self-employed litigants, the court, may, in its discretion, consider the earning capacity of a parent in lieu of the parent's income, consistent with the best interests of the children, taking into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children.

If you are in the military or a military spouse, BAS and BAH are considered as income.

There are other factors the court may consider such as personal expenses run through a business, business appreciate free use of a vehicle, and free or reduced housing, gifts from family and much more. A qualified attorney can walk you through the factors a court may consider when determining how much support you pay or how much child support you are owed.

Livingstone Law, APC handles all facets of divorce. Visit our website at livingstonelawsd.com If you are considering retaining an attorney to handle your family law matter, call Attorney Livingstone at (619) 304-0908. Reviews for Vera Livingstone can be viewed at Avvo.com.

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