CALIFORNIA FAMILY LAW
...Child Support
......Amount
.........Financial Ability
............Rent/Mortgage Free Housing
7 Cards On This Topic:
  • No abuse of discretion in failing to attribute value of rent free housing H shared with his parents as income available for support.
  • Error to order temp. support payments be paid from community funds in blocked account, rather than from H's share, as it retroactively reduced H's support obligation and impermissibly required W to pay half of her own support.
  • Since H’s “free rent” was represented by cash gifts, okay to include as income available for support.
  • Cannot treat rental value of mortgage free housing as tax free income for child support; must calculate guideline and then deviate from it if appropriate.
  • Benefits that reduce living expenses should not be treated as income items for c/s formula, but as factors rebutting the presumptive amount.
  • Obligor parent's "mortgage-free housing" could be considered income for c/s purposes.
  • For c/s purposes, court properly considered gross income as earning capacity plus disability benefits, rent-free reservation housing and meal allowance.