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Home » Areas of Practice » Child Support » Excess Support Payments

Excess Support Payments

Posted on October 25, 2019October 29, 2019 by Editor

To determine if you are paying or receiving the correct amount of California child support and California spousal support you should look at your current California child support and/or California spousal support order to make sure the calculations are correct.  You should also take into considering any change in circumstances that may have occurred.

The Law Offices of Edward Misleh, APC is a law firm that practices family law and clients in Northern California with services they need and deserve when addressing all aspects of divorce and support.  Call now our Lawyer Hotline.      Call now 321-951-9164.

Excess Support Payments

It is not too late to take action should you determine that you making excess support payments to a child or your former spouse.

Determining Support Payments

To determine if you are making excess support payments for child support or spousal support, you should first check your court order.  Check your court order carefully for the following possible errors:

  1. The timeshare is correct.  Timeshare is the amount of time children spend with each parent. Any calculation should be done on an hourly basis to ensure accuracy.  You must also consider any timeshare differences for other children you and your coparent share.
  2. The tax filing status for you and the coparent are correct.
  3. Payments for all interest paid on a mortgage and all property taxes have been included.
  4. Possibility of a hardship deduction to care for other children in the house that do not belong to you and your coparent.
  5. All child care costs add-ons are being divided equally.
  6. Verify your income and your coparent’s income. Take the amount of pay on a biweekly paycheck (every other week), multiply it by 26, and then divide the total by 12 to arrive at a monthly figure.
  7. All taxes are included.  Tax payments will vary should you live outside State of California.
  8. Any other income for you and your coparent (rents, social security or interest) is included.
  9. That all non-taxable income such as worker’s compensation, disability and non-taxable social security is included for gross income.
  10. All health insurance premiums (medical, dental, and vision) have been included.
  11. Contributions to a mandatory retirement account are included.
  12. Payments for any job-related expenses have been considered (union dues, uniforms, gas, car payments, bridge tolls, work-related cell phones).
  13. All overtime pay is considered. If a coparent’s overtime has suddenly stopped, the court can consider average in the past 12 months of pay.
  14. A self-employed coparent has correctly accounted for all income and expenses arising from their business.
  15. Any current child support has ended for any child who has graduated from high school or has reached the age of 19 (whichever is first).
  16. That the coparent receiving support has not moved-in with their lover.  Spousal support can be reduced or eliminated if the supported spouse is in a romantic relationship and the significant other is paying some or all of the supported spouse’s bills.  A romantic relationship differs from a roommate situation in that it is presumed roommates share expenses.

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For more information on child support and spousal support, click on one of the following links:

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