San Bernardino Divorce Attorney - Riverside Family Lawyer
Rancho Cucamonga Divorce Lawyer Attorney Profile - Christina Ferrante Frequently Asked Questions Testimonials Contact the Law Office of Christina Ferrante
Areas of Practice

Child Support Case Law Updates

The following are recent child support case law updates, made through decisions made by the Court of Appeals in California:

IRMO Stanton (2010) 190 C.A. 4th 547

Obligor, Father is in the military
BAH- Basic Allowance Housing
BAS- Basic Allowance Subsistence
Father's position is that since BAH and BAS are nontaxable and a federal exemption bars levy or garnishment they are not an income for purposes of calculating child support.

The Court found that the Federal Preemption is inapplicable and Family Code Section 4053 takes into account "actual income" not "taxable income." Therefore the BAH and BAS would be included in Father's income for purposes of determining support.

IRMO Kochan (2011) 193 C.A. 4th 420

Obligor, Father is a 40 year employee with the Cal State system. If he retired, he would earn more income than by continuing to work. Father does not want to retire; he wants to continue to work. The Trial Court imputed the retirement income in calculating child support.

The Court found that a party cannot be ordered to retire, even if it means the party would earn more income.



Categories: Family Law
Free Initial Consultation
8300 Utica Avenue Suite 197 Rancho Cucamonga, CA 91730
We proudly accept Visa, Mastercard, Discover and American Express
California Family Law
Contact Christina Ferrante

Professional Web Design The information on this California Family Law Attorney / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Administration

Address: 10700 Civic Center Drive Suite 200 Rancho Cucamonga CA 91730 Phone: (909) 989-9923