Often the payor of child support wants to know if he or she can obtain a hardship deduction or credit for a natural or adopted child of another relationship that lives with him or her. A hardship deduction can be requested under California Family Code Section 4701. This section allows a credit for other children if the payor is having difficulty meeting the Minimum basic living expenses for those other natural or adopted children for whom there is an obligation of support. A hardship deduction is not provided for step-children because there is no legal obligation to support step children.
The court can either grant a whole or a partial hardship deduction. The maximum hardship deduction must not go beyond the child support amount allocated in the child support order. The deduction will be indicated on the X-spouse or dissomaster computer program used by family law attorneys to determine guideline child support.
If you need to obtain a hardship deduction contact our Certified Family Law Specialist, Bettina L. Yanez at 714,665.6600 for a free consultation.