Should I file a "response"?

[TMikelba]

What is the name of your state?What is the name of your state? CALIFORNIA

I just got served my divorce papers. I do not have an attorney. The only thing on them that concerned me was my wife's attorney calculated the child support I would owe based on my GROSS income, not my NET income. I do not agree with this at all and from my own research I feel this is not how it is ever done. Should I file a "Response" within the 30 days stating I don't agree with the way they calculated child support, or just wait until the mediation date to hash it out? The divorce papers are very ambiguous but seem to say I could lose rights if I don't file this "Response" form. Please help.

 

[NotSoNew]

child support IS calculated on your gross income.

I would file a response though, if you dont agree with it.

did you run a CS calculator for california?

 

[NotSoNew]

http://www.divorcehq.com/calculators/ca_supportcalc.shtml

 

[NotSoNew]

yeah you need to file a response or she gets whatever she is asking for

Default: The Respondent in the case fails to timely file a response to the petition for divorce or legal separation; in which case the Respondent’s “default” is entered by the court clerk and the matter proceeds without the Respondent’s participation.

 

[betterthanher]

Also look for financial declaration forms that you can fill out and submit as well that asks for all financial information. What role does custody or shared parenting play in all of this?

 

[betterthanher]

Also look for financial declaration forms that you can fill out and submit as well that asks for all financial information. What role does custody or shared parenting play in all of this?
You NEED an attorney. Don't go through this without one.

 

[sog4e]

child support IS calculated on your gross income.

I would file a response though, if you dont agree with it.

did you run a CS calculator for california?

I live in CA and I was given the website alllaw.com and on the website it calculates child support based on your monthly net income.

 

[I AM ALWAYS LIABLE]

I live in CA and I was given the website alllaw.com and on the website it calculates child support based on your monthly net income.

My response:

Formula child support is a share of the parents' "net monthly disposable income" (Ca Fam § 4055(a) & (b)), computed by totaling "annual gross income" (per Ca Fam § 4058), less allowable deductions to arrive at "annual net" (per Ca Fam § 4059) and then dividing by 12 to yield "monthly net" (per Ca Fam § 4060). [Marriage of LaBass & Munsee (1997) 56 Cal.App.4th 1331, 1336, 66 Cal.Rptr.2d 393, 396]

IAAL