"If
mom does not work, I do not care," insisted Deputy Attorney Roye
Randall County of Los Angeles during the interview before the hearing of
a mother of three children, to the modification of the child (s)
supporting the parent through the Department Child Support Los Angeles County.
Mandatory child care
Related Jobs:
The
mother, father and the other represented by this author, in the process
of modifying the child (s) before supporting 2G, Com Department. Anthony B. President
Drewry (Com. HM Webster retired in April 2009) against the father as
the defendant was willing to split the costs of child care monthly $
1,056.00 ($ 88 per week per child).
But the father objected to the cost of childcare and yet claimed that the mother has to work. But
mom has three children aged 10, 9 and 7, and a fourth child, 1 year
old, with another couple, who lives with his mother and four children.
With
four young children, mother is a homemaker full time and no time to
look for work or to study or train to work, or work effectively. If childcare expenditure rule is modified to provide the cost of child care for the mother to seek work and hope to find work?
Indeed,
section 4062 (a) (1) of the Family Code provides that the cost of child
care as if "-related training or employment compulsory education or
professional skills complement reasonably necessary" for a parent.
Pros and cons of change
Child Rule:
The
change in child care costs rule is proposed is that the parent without
custody of the cost of providing child care for parents seeking
employment in unemployment deprivation of liberty for a reasonable
period of time.
Otherwise,
the rule perpetuates the status quo, with the mother can not carry on
with your work or career development and responsible for Father's basic
support non-custodial parent as indicated by the Family Code.
If the mother is able to work and earn an income, she would be able to contribute to the cost of child care. And paying alimony Basic dad would be minor due to the mother's income in accordance with the guidelines.
Conversely,
if the rule of no child care expenses for a mother who does not work is
maintained, would be a better mom to take care of children than any
other careprovider nothing to do with the child. And Dad would not be charged to pay for child care, in addition to basic pay alimony.
Child Support
Guidelines deviation:
The
guidelines of the formula for calculating the basic support of the
child is declared as an algebraic formula in section 4055 of the Family
Code (a), as: CS = K [HN-(H%) (TN) ]. CS
= amount of child support; K = amount of income to spend on child
support, as described in Section 4055 family code (b) (3) H% =
percentage of time the employee regarding high has
or will physical custody of the minor, compared with the other parent,
and TN = total monthly net disposable income of both parties.
In
practice, the courts of California Family Law reach base payments and
additional support for children using Dissomaster software where the
relevant entries in the statement of income of each parent and expenses
in accordance with recognized standards contained in California State Court 1258 (renumbered Article 5:275).
After
the formula child support is calculated, the court may deviate from the
formula amount of support from one or more of the five coded factors:
the stipulation (1) The parties to a different amount of child support
and (2)
Deferred family residence whose rental value exceeds mortgage payments,
taxes, home insurance and property sales, (3) high income and
extraordinary support matrix formula amount exceeds the needs of the
child and ( 4)
lack of contribution to the child's needs in relation to the custody of
the mother time, and (5) the circumstances that led to the application
of the formula to be unjust or inappropriate, the family said Code
Section 4057 (b ).
Mandatory and discretionary
Add-ons to support the child for
Childcare:
Family
Code Section 4062 (a) provides for two (2) compulsory modules of child
support because "(1) care costs related to employment or education of
your children or vocational skills training reasonably necessary" to a parent, and "(2) the reasonable costs of health care for uninsured children."
And
two discretionary add-ons under Article 4062 of the Family Code (b)
are: "(1) the costs associated with special educational needs or with
other children," and "(2) the cost to travel for visits."
The
above supplements are considered additional support for children, and
those costs childcare can be divided half to each parent, or a different
distribution, at the request of the parents in proportion to their net
disposable income Under Section 4061 of the Family Code.
Conclusion:
Mom
or a custodial parent can get child care costs under section 4062 of
the Family Code (a) and (b) depends on whether the costs of child care
are mandatory or voluntary supplements to support children character.
Mandatory,
the family judge or commissioner has no power to retain the cost of
employment-related child care, education and skills training for
employment of a father and uninsured health care costs for the child needed
Since
discretionary spending related to children with special educational
needs or other care, children and travel expenses for visitation, the
Judge or Commissioner may decide one way or another, as long as no abuse
of power committed .
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