I received the following question:
Hi Listmates,
For someone who's done a lot of divorces, this is probably a simple question, so I'm hoping someone can help me. I'm handling my first disso. It's uncontested, and the parties have agreed on most things. They've agreed they want the court to determine the proper child support amount, using their guidelines.  The place where it looks like I can request that the court do that is on Form FL-350  - Stipulation to Establish or Modify Child Support and Order. I've attached that form to this email, because I'm confused by it! It asks for the parties' Monthly Disposable Income...but I thought that the child support calculation was based on the parties' actual gross or net income??  And if it's really based on their disposable income, how is that fair, if the parties make the same amount, but the father (the one who will owe support) has a lot more expenses because he bought an expensive car and lots of gadgets on credit right after the separation?

How can I make sure that the __________ gets the fair amount of child support? (parties have agreed to 70/30% custody)

My answer: 

Interesting questions.
If you have already calculated the nets using a computer program that calculates the guideline support, then you would not necessarily need the Court to do anything.  Therefore I see your point that form FL-350 is not that helpful to you.

Although the form is "mandatory," you can't fill it out if you do not have an agreement on all of the necessary factors.  If both parties can agree on everything that needs to be filled out, then use the form.  If not, you can do a separate agreement that states the parties do not agree on the amount of support, but do agree on the following factors.  For example: "Husbands gross income is ____.  Wife's gross income is ____.  Husband will be filing Single with 1 exemption, and has health insurance of _____ premiums per month.  Wife is filing Head of Household with 2 exemptions, and has a health insurance premium of ____ per month.  and the timeshare is 70% to mother and 30% to father.  And based upon the foregoing, the parties ask the Court to calculate guideline child support."

The Court appreciates it when we settle as much as we can, and if anything is left over, the guideline calculation is a simple few minute issue for the court.

Of course you can always calculate it yourself....
https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator

And the monthly disposable income = the gross income less taxes and other allowable deductions.  (Look at page 2 under section 10 of the Income and Expense Declaration where there is a small list of items, including union dues, health insurance, prior orders for support, etc.  These are the items that are allowable deductions.)  Regular living expenses (such as a car payment) are not deducted from income to determine the monthly disposable income for purposes of child support.

Keep in mind that even though this case is uncontested, that they both have to do their disclosures, including an Income and Expense Declaration.  That will give the Court everything it needs.
 


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