What income should be used to calculate child and spousal support? 2 Answers as of December 30, 2016

My soon to be ex-husband is a self-employed dentist. I have not worked in 15 years (raising five kids). He wants to use a reduced income to calculate child and spousal support because he wants more custody of kids. I'm arguing that we should use tax return income with some deductions added back (we write off car expenses, some meals and travel). Not to mention adding back depreciation and amortization. I would prefer him to have less custody of the kids. I'm arguing for a 60-40 split or a 70-30 split as I have always been the one to be home with the kids while he worked. This is what the kids and I are used to. But even with a 50-50 split, I think tax return income should be used to calculate child and spousal support. What is the standard? I feel like this should be pretty clear-cut.

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Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
You describe a pretty accurate way of calculating his gross income for support purposes. The court would look at his income available for support and grant only appropriate deductions. The Court will sometimes look at a two year average for businesses that fluctuate. The custody and timeshare are generally determined first and then the timeshare is used in the child support calculation.
Answer Applies to: California
Replied: 12/30/2016
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
These are the kinds of questions that can only be answered when meeting with an experienced family law attorney in an office consultation.
Answer Applies to: California
Replied: 12/30/2016
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