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California Supreme Court decides child support counts as income

On Behalf of Cullen Family Law Group | Jul 25, 2019 | Child Support |

Good parents wait to have children until they are prepared to deal with the pressure on money, time and energy that even one kid can create. Many experts argue it is even harder to raise children on one’s own or after a divorce. This is partially because children often do better with set boundaries and routines, which can fall apart when parents stop working together.

Child support payments can be vital if one parent delayed a career in order to focus on rearing a couple’s kids while the other becomes the main breadwinner. Child support in California, like many other states, is often calculated based on children’s needs first and the parents’ ability to pay second.

The state’s Department of Social Services has figured child support as income for single parents applying for welfare. This matters because the ceiling for the ability to claim benefits is around $828 per month of reasonably expected income, and child support may exceed that amount but leave parents feeling destitute.

The Supreme Court for the Golden State recently rejected a woman’s claim that child support should not count towards income. Her argument was child support cannot be reasonably expected as income. The court disagreed, finding the Department of Social’s Service calculation reasonable.

It is vital for the health of children and their families to receive child support payments for food, clothing, education, health care and other necessities. Family court judges may order specific payments, but an argument made with an attorney may be the best way to secure the money required to raise children properly.

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