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How to Calculate California Teacher Income

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  • 06-06-2014, 01:12 PM
    NotSkeered
    How to Calculate California Teacher Income
    My question involves a marriage in the state of: CA

    Hello All,

    If anyone can give some guidance it wil be immensely appreciated. There is urgency, I need to get temp order in place before July 1.

    I will be the supported party. Riverside County, CA
    I know how to complete the forms and run the various "Disso" engines, but I have the following question.

    What is the monthly income that would be used by the spousal support guidelines in CA?

    Are there "discretionary" witholdings on this pay statement which would be added back into the gross income for other calculations that will come up in a dissolution?
  • 06-07-2014, 08:06 AM
    Mr. Knowitall
    Re: How to Calculate California Teacher Income
    Gross and net income are calculated in accord with the following statutes:
    Quote:

    Quoting California Family Code, Sec. 4058.
    (a) The annual gross income of each parent means income from whatever source derived, except as specified in subdivision (c) and includes, but is not limited to, the following:

    (1) Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to establish a child support order under this article.

    (2) Income from the proprietorship of a business, such as gross receipts from the business reduced by expenditures required for the operation of the business.

    (3) In the discretion of the court, employee benefits or self-employment benefits, taking into consideration the benefit to the employee, any corresponding reduction in living expenses, and other relevant facts.

    (b) The court may, in its discretion, consider the earning capacity of a parent in lieu of the parent's income, consistent with the best interests of the children.

    (c) Annual gross income does not include any income derived from child support payments actually received, and income derived from any public assistance program, eligibility for which is based on a determination of need. Child support received by a party for children from another relationship shall not be included as part of that party's gross or net income.

    Quote:

    Quoting California Family Code, Sec. 4059.
    The annual net disposable income of each parent shall be computed by deducting from his or her annual gross income the actual amounts attributable to the following items or other items permitted under this article:

    (a) The state and federal income tax liability resulting from the parties' taxable income. Federal and state income tax deductions shall bear an accurate relationship to the tax status of the parties (that is, single, married, married filing separately, or head of household) and number of dependents. State and federal income taxes shall be those actually payable (not necessarily current withholding) after considering appropriate filing status, all available exclusions, deductions, and credits. Unless the parties stipulate otherwise, the tax effects of spousal support shall not be considered in determining the net disposable income of the parties for determining child support, but shall be considered in determining spousal support consistent with Chapter 3 (commencing with Section 4330) of Part 3.

    (b) Deductions attributed to the employee's contribution or the self-employed worker's contribution pursuant to the Federal Insurance Contributions Act (FICA), or an amount not to exceed that allowed under FICA for persons not subject to FICA, provided that the deducted amount is used to secure retirement or disability benefits for the parent.

    (c) Deductions for mandatory union dues and retirement benefits, provided that they are required as a condition of employment.

    (d) Deductions for health insurance or health plan premiums for the parent and for any children the parent has an obligation to support and deductions for state disability insurance premiums.

    (e) Any child or spousal support actually being paid by the parent pursuant to a court order, to or for the benefit of any person who is not a subject of the order to be established by the court. In the absence of a court order, any child support actually being paid, not to exceed the amount established by the guideline, for natural or adopted children of the parent not residing in that parent's home, who are not the subject of the order to be established by the court, and of whom the parent has a duty of support. Unless the parent proves payment of the support, no deduction shall be allowed under this subdivision.

    (f) Job-related expenses, if allowed by the court after consideration of whether the expenses are necessary, the benefit to the employee, and any other relevant facts.

    (g) A deduction for hardship, as defined by Sections 4070 to 4073, inclusive, and applicable published appellate court decisions. The amount of the hardship shall not be deducted from the amount of child support, but shall be deducted from the income of the party to whom it applies. In applying any hardship under paragraph (2) of subdivision (a) of Section 4071, the court shall seek to provide equity between competing child support orders. The Judicial Council shall develop a formula for calculating the maximum hardship deduction and shall submit it to the Legislature for its consideration on or before July 1, 1995.

  • 06-07-2014, 06:19 PM
    NotSkeered
    Re: How to Calculate California Teacher Income
    Thank you very much Mr. Knowitall, I appreciate the answers. In this case, there are no children, we're talking about 2 adults only. At the moment, there is a lease in effect for the primary residence of the person to be supported.

    The lease was signed by both parties and has 8 months to run. Does the lease take any priority debt position, and if so, as it is signed jointly, would the supporting party be expected to pay support to at minimum satisfy 50% of the lease payment? When the lease expires, then there would be the opportunity to recalculate, based upon whatever the "usual" guidelines are?
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