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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.

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