Does the stuff my parents pays for count as income for child support?

[kikowi]

What is the name of your state? CA

So I am supposed to pay $380 a month in child support to my son's mom. I do pay it and I'm up to date with it. She wants me to pay more though so things are more equal between our houses because she thinks its unfair. We both still live with our parents. My parents have more money than her parents. They will often buy stuff for my son. They also gave me a credit card to pay for stuff for him. My son's mom thinks it counts as income though and we should have the child support order changed to reflect that. Does it?

 

[adjusterjack]

According to the following statute section, I would say no, it doesn't.

California Code, FAM 4058.

Scroll down to Part 2 - the complete support statute.

Codes: Code Search (ca.gov)

 

[stealth2]

I'd say no, but you should also understand that $380/mo doesn't go far.

 

[AlmostThere]

How was $380/month arrived at? What does your custody arrangement look like?

 

[kikowi]

They based it off my income at court. Our custody agreement has him mostly with her and with me 2 days, but I usually take care of him more than that.

 

[not2cleverRed]

They based it off my income at court. Our custody agreement has him mostly with her and with me 2 days, but I usually take care of him more than that.

How old is your current court order?

Has there been a substantial change in your income since the court order?

 

[kikowi]

How old is your current court order?

Has there been a substantial change in your income since the court order?

It's less than 2 years old. No, my income hasn't really changed.

 

[Just Blue]

It's less than 2 years old. No, my income hasn't really changed.

The stuff your parents pay for are gifts for the baby.

 

[LdiJ]

What is the name of your state? CA

So I am supposed to pay $380 a month in child support to my son's mom. I do pay it and I'm up to date with it. She wants me to pay more though so things are more equal between our houses because she thinks its unfair. We both still live with our parents. My parents have more money than her parents. They will often buy stuff for my son. They also gave me a credit card to pay for stuff for him. My son's mom thinks it counts as income though and we should have the child support order changed to reflect that. Does it?

Technically it is possible to make an argument that support provided to a parent, from a grandparent, should be factored into a child support calculation if it is consistent and regular. For example, it could be argued that if your parents provide your rent, utilities and food that you don't have those normal expenses and therefore more of your income is disposable and therefore available to support your child.

However, it would take an attorney to make that kind of argument and even then it would not be guaranteed to prevail. In fact, in many areas it would probably be a longshot. It would basically be a deviation from a standard child support calculation. It is more common for that kind of argument to prevail (it is called imputing an income) if the support is provided by a spouse while the parent is a stay at home parent.

In your situation it appears that what you have described are gifts that the grandparents are giving to the child, rather than you, and that would be highly unlikely to factor into a child support calculation at all.