On Mon, Nov 11, 2013, 9:15 AM, Patrick Fox wrote:
Desiree:
You might find the following web sites helpful in realizing how much I had
to do with coming up with the $700 a month figure that seems to be the
source of so much of your misguided animosity toward me:
California Family Code, sections 4050 - 4076
http://www.leginfo.ca.gov/cgi-
bin/displaycode?section=fam&group=04001-05000&file=4050-4076
California Child Support Calculator:
http://www.childsup.ca.gov/Resources/CalculateChildSupport.aspx
Take particular notice of section 4052 which clearly states "The court
shall adhere to the statewide uniform guideline and may depart from the
guideline only in the special circumstances set forth in this article."
And section 4055 which defines the exact formula to be used in determining
the parents' child support responsibility.
You shall also notice that sections 4061 and 4062 state how the court shall
handle additional expenses (irregular medical expenses, education, etc).
Essentially, they are to be shared by the parties, equally, unless there is
special circumstances which would justify otherwise.
And notice, section 4062(b)(2) states the court shall order additional
child support for travel expenses for visitation. As I've told you so many
times before, travel expenses for Gabriel to visit you were your
responsibility - so there's the supporting proof of my claim. Based on our
respective incomes at the time (you 100%, me 0%), you were responsible for
100% of the travel expenses for Gabriel to visit you. Based on our current
respective incomes (or more correctly, "disposable" incomes) as defined in
sections 4058 and 4059 (you 55%, me 45%) you are still responsible for
about half of the travel expenses.
So, you have been misguided (or misinformed) again, and have been harboring
animosity (though, it doesn't seem at all sincere and you really just seem
like you're doing it only because you think you're supposed to, or someone
(I'm guessing your mother) told you that you should) toward me for
something which is entirely out of my control. If anything, you should be
upset with the federal government for forcing the states to comply with 45
C.F.R. section 302.56 (which is what California's, and all other states',
child support laws are based on).
Fox
