Category: <span>Child Support</span>

Domestic Violence: 3 Family Law Factors to Break Free…

November 7, 2024November 7, 2024
by Dr. Thomas Maples

Domestic violence is not your fault. We can help.

A Safe Haven During Troubled Times

Domestic violence casts a dark shadow over families, leaving a trail of pain, fear, and uncertainty. We understand that arriving at this page might mean you’re facing a difficult and frightening situation. At Maples Family Law in Stockton, we believe that no one should endure abuse, and we are committed to providing a safe haven of family law support for victims seeking justice and protection.

In California, the courts recognize the devastating impact of domestic violence and have laws in place to protect victims while holding abusers accountable. But navigating the legal system while dealing with the trauma of domestic violence and abuse can be overwhelming. That’s where we come in.

This article explores how domestic violence intersects with family law proceedings and outlines the options available for those seeking safety and a fresh start. We’ll discuss how domestic violence affects:

Custody and Visitation: Prioritizing the safety of children
Protective Orders: Creating a shield against further abuse
Financial Support: Ensuring victims are not further burdened

If you or someone you know is experiencing domestic violence, please know that you are not alone. Maples Family Law is here to provide compassionate legal guidance and unwavering support as you navigate this challenging journey.

Domestic Violence, Custody, and Visitation: Putting Children First

When domestic violence enters a home, it’s not just the adults who suffer. Children caught in the crossfire are deeply affected, and their safety and well-being become paramount in any family law proceeding. California courts understand this and take a strong stance in prioritizing children’s best interests when domestic violence is present. Here’s how a history of abuse can shape custody and visitation orders:

Supervised Visitation: Shielding Children from Harm

In cases where there’s a risk that a parent might harm a child, either physically or emotionally, the court may order supervised visitation. This means that visits with the child must occur in the presence of a neutral third party, such as a social worker or a trained supervisor at a designated facility.

Why Supervised Visitation?

This measure allows a child to maintain some form of contact with a parent while ensuring their safety.
It also offers the court a chance to observe the parent-child interaction and assess any potential risks.

Restricting Custody: Prioritizing Safety Above All Else

When domestic violence is severe or poses a significant threat to a child, the court may limit or even terminate the abuser’s custody rights. This decision is never taken lightly and is based on evidence that demonstrates a clear danger to the child’s well-being.

What Factors Are Considered?

The court carefully evaluates the severity of the abuse, the impact on the child, any patterns of coercive control, and the abuser’s willingness to address their behavior.
The primary goal is to protect the child from physical or emotional harm.

Protecting the Victim: Creating a Safety Net

The court has the power to issue orders that safeguard both the victim of domestic violence and the child. These may include:

Restraining Orders:

These orders prohibit the abuser from contacting or coming near the victim and their children.
They can provide a crucial barrier against further abuse and harassment.

No-Contact Orders:

These orders may be put in place to prevent any direct or indirect contact between the abuser and the child, especially in cases where the abuse was directed at the child.

The Financial Scars of Abuse: How California Law Protects Victims

Domestic violence often leaves victims grappling with more than just emotional and physical wounds. Abusers frequently use financial control as a tool of power and manipulation, leaving their partners in a precarious economic position. California law recognizes the devastating impact of this financial abuse and offers several protections:

Spousal Support: Acknowledging the Impact on Earning Capacity

When determining spousal support (also known as alimony), the court takes into account the impact domestic violence has had on a victim’s ability to earn a living. Abuse can disrupt careers, limit educational opportunities, and create long-lasting financial insecurity.

Factors Considered: The court may consider the length of the marriage, the victim’s earning potential, the abuser’s financial resources, and the extent to which the abuse hindered the victim’s ability to become self-sufficient.
Goal of Support: Spousal support aims to help the victim regain their footing and establish financial stability after leaving an abusive relationship.

Child Support: Ensuring Children’s Needs Are Met

Domestic violence doesn’t just affect the adults involved; it also has a profound impact on children. California courts prioritize the well-being of children in cases of abuse.

Calculating Support: When determining child support, the court considers the financial needs of the child and the income of both parents. Domestic violence can be a factor in this calculation, as the court seeks to ensure the child’s needs are met despite the circumstances.
Protecting the Child’s Future: The court may order the abuser to pay a higher amount of child support if their abuse has negatively impacted the victim’s ability to provide for the child.

Financial Abuse: A Hidden Form of Control

California law explicitly recognizes financial abuse as a form of domestic violence. This type of abuse involves tactics designed to control a partner’s access to resources and create economic dependency. Examples include:

Controlling Finances: Limiting access to bank accounts, credit cards, or cash.
Sabotaging Employment: Interfering with a partner’s job by constantly calling, making them miss work, or even getting them fired.
Running Up Debt: Secretly using a partner’s credit cards or opening accounts in their name.
Withholding Necessities: Refusing to provide basic needs like food, shelter, or medical care.

Finding Strength and Support in the Face of Abuse

Leaving an abusive relationship takes immense courage. It’s a journey fraught with emotional turmoil, legal complexities, and financial uncertainties. It is a journey that encompasses rebuilding your emotional health and self-esteem (mental health) and navigating the complexities of the legal system concurrently. But you don’t have to walk this path alone. At Maples Family Law, we understand the challenges you face and are here to provide compassionate guidance and unwavering support every step of the way.

Our experienced team is dedicated to protecting your rights and advocating for your safety and well-being. Whether you need help securing a restraining order, navigating child custody arrangements, or establishing financial independence from your abuser, we will be your steadfast allies in the pursuit of justice and healing.

Remember, you are not defined by the abuse you’ve endured. You are strong, resilient, and deserving of a life free from fear and violence. Let us help you reclaim your power and build a brighter future for yourself and your children.

If you are ready to take the first step towards a safer tomorrow, reach out to Maples Family Law today. We are here to listen, to support, and to empower you on your journey to healing and freedom.

Resources

family-law

How is Child Support Calculated in California?

March 3, 2021February 10, 2021
by Briana White

Some of the most common concerns for divorcing parents revolve around child support—specifically who will be required to pay, and how much.

Unfortunately, since child support isn’t standardized, those questions don’t have easy answers. Instead, California child support payments are determined using an equation that factors each parent’s finances against the amount of time they spent parenting.

Here’s a little bit more about how child support is calculated in California, and how the team at Maples Family Law can help estimate what you’ll likely pay.

Child Support Overview

In California, child support can be defined as: money that one parent pays to the other for the purpose of supporting their child.

The need for these payments comes up most often during divorce and separation, however, it can also be applicable to unmarried parents in need of a structured parenting plan.

Child support amounts vary from family to family, and will ultimately be determined by your judge, in conjunction with state guidelines. Payments are almost always made by the non-custodial parent to the custodial one, and will be heavily influenced by the division of time outlined in your custody and visitation agreement.

The rules governing these calculations are laid out in the California Child Support Guidelines.

California Child Support Guidelines

In California, both parents have the obligation to support their child, according to their station and means—a burden they share in equal measure.

To help parents meet these obligations, the California Child Support Guidelines were structured with a twofold purpose:

To lay out a clear-cut, minimum level of support required for one child; and,
To make support calculations uniform across the board, regardless of income level.

By structuring the rules this way, California takes much of the guesswork and subjectivity out of child support, lessening the variability between cases, and making amounts (relatively) easier to determine, overall.

While judges do have the power to alter or adjust the final amount produced by the child support equation, they can only do so under certain, specific circumstances—all of which are also outlined and governed by state guidelines.

Calculating Child Support: Income and Custody

To calculate support payments, California courts use a complex equation that relies heavily on the interplay between the parents’ respective finances, and the amount of time each will spend with their child.

This requires you to know both your net disposable income, as well as your parenting timeshare percentage (as outlined by your custody agreement).

Net Disposable Income

A person’s net disposable income is calculated by taking their gross income, and adjusting that number for deductions. To do this, you will need the numbers for:

Your gross annual income (which is your pay before deductions);
All income tax deductions;
All payroll deductions (such as health care, union dues, and pensions); as well as,
Any childcare costs you have incurred.

Keep in mind you will need both your own net disposable income, as well as the combined numbers for both you and your spouse.

Custody Agreement

The other important element that’s critical to California’s child support equation, is your parenting timeshare percentages.

In California, it’s typical for the non-custodial parent to make support payments to the primary resident parent. This is because the primary resident parent (or “custodial parent”) is usually incurring higher costs by having the child live with them, full time. How much time, however, is critical to determining child support amounts.

As a general rule, the less time you spend with your child, the more child support you’re likely to pay.

Parenting time is something that you can decide on together, outside of court, through alternative resolution methods such as mediation. If you are unable to agree, however, a judge will decide on custody arrangements as part of your divorce.

The California Child Support Equation

Once you have the necessary financial and parenting time information, your child support can be calculated using this equation:

CS = K [HN – (H%)(TN)]

While this might look a bit scary, once you know which letters stand for what, things start to make a little more sense:

CS—child support.
K—the total amount of both parents’ income that will be devoted to child support. (A number that is based on evaluating how much each parent earns against the percentage of time each spends with their child.)
HN—which stands for “high net,” and represents the spouse with the highest net disposable income.
H%—the percentage of time that the high net parent spends with their child.
TN—the combined disposable income of both parents.

So, to put it a little more simply, child support (CS), equals (K). And to find out (K), you:

Take the high earner’s percent of parenting time (H%), and multiply it by your combined disposable income (TN). Then,
Subtract that number from the total disposal income of the high net earner (HN).

As you can see, even simplified, this is a pretty complicated process. (Which is usually why even the best of attorneys and judges take full advantage of the state’s child support calculator!)

Special Adjustments

According to the California Family Code, judges are allowed to adjust the final amount of your equation under certain circumstances, such as when:

You’ve both agreed to a different arrangement (and the judge deems it appropriate);
One parent has an extraordinarily high income, which (when plugged into the equation), results in an amount that far exceeds the child’s needs;
The amounts would be unjust (as determined by the judge);
Your parenting times are nearly equal, but there’s a significant disparity in wealth;
One parent is spending a lot more in housing for the child than the other;
The child has special needs or medicine; and,
Situations where the child has more than two parents.

Judges are also allowed to account for “add-on” costs, which include expenses incurred for:

Child care costs related to employment, education, or training for employment;
Uninsured health care expenses for the child;
Costs related to a child’s education or other special needs; as well as,
Travel expenses for visitation.

Finally, we should mention that the results of the above equation are only accurate if you have one child. For parents with multiples, further adjustments will need to be made based on the number of children you have, as well as how much time each parent spends with each, individual child.

For help navigating this confusing minefield, it’s best to talk to an experienced family law attorney, who can also ensure you get the most accurate estimates.

Child Support Attorneys in California

At Maples Family Law, we understand the unique challenges parents face when getting divorced, and want to do everything possible to help give your child the bright future they deserve.

If you have more questions about how child support is calculated in California, and what that might look like in your situation, we want to hear from you. Call us at (209) 989-4425, or get in touch online to schedule your consultation today, and let us ensure your child’s best interests are met.

family-law

Child Support in California

February 15, 2021February 1, 2021
by Briana White

Parents have a legal responsibility to provide for their children, and these duties do not cease to exist just because your marriage dissolves. For couples with children, one of the most critical aspects of a divorce proceeding, is establishing an order of custody and financial support for that child. By putting the specifics of these obligations in writing, California courts ensure that both parents are held fiscally responsible for the upbringing of their offspring.

But what, exactly, this child support looks like, in terms of dollars and cents, will be different for every divorce. Just as no two couples are the same, so are no two divorces. When determining the amount of child support, courts use a specific set of guidelines, which will produce an individualized plan that caters to each family’s unique needs.

Here’s a brief run-down of those considerations, and what you can expect your final California child support order to look like.

Child Support in California

Any time a child is under the care of one parent, that parent is responsible for meeting the costs of their child’s basic, daily needs. But—as is often the case in custody arrangements—the custodial time allotted to each parent is rarely equal. The far more common scenario, is when one parent bears the most physical responsibility for the child, while the other parent has only partial physical custody. Child support, then, is meant to compensate for situations where this custodial care is unequal. Usually, the difference is made up by the non-custodial parent, however, in some situations, a judge might order both parents to pay.

As a general rule, parents have very little say over how much, and who will be required to make these payments, but according to California law(and just about everywhere else in the country, for that matter), this support is mandatory.

Calculating Child Support in California

When constructing a child support order in California, judges will typically follow California’s child support guidelines. Under this process, a number of independent factors are evaluated, however, the three biggest elements that impact the end result, are:

The number of children that qualify for support;
How much time each parent has with their children (or rather, the amount of physical custodial time each parent has); and,
Each parent’s disposable income.

Element three is the trickiest factor to figure, since it requires the most number crunching. To make things easier, California courts have devised a simple equation:

Gross Annual Income – Mandatory Deductions ÷ Twelve = Net Disposable Income

Gross annual income comprises of earnings from all sources, including regular salary, bonuses, commissions, rental income, pensions, and royalties. It can also encompass benefits from a business ownership, and even monies obtained from self-employment benefits.

Mandatory deductions required by law, on the other hand, would comprise of any tax obligations, job expenses, health insurance premiums, and other hardships (such as child support owed to a previous relationship, or health expenses).

After dividing the end result by twelve, the court is left with a pretty good idea of what each individual’s net disposable income is each month. Armed with this information, a judge can then attribute a percentage of that number toward child support, based on the amount of physical custodial time each parent spends with their child.

Other Factors Influencing Child Support

While the formula for determining child support in California might sound fairly scientific, there are still some considerations which could influence the final figure. If the mathematical outcome of these calculations isn’t “fair or reasonable,” judges have the power to alter the amount—higher or lower—at their discretion. Some of the circumstances that might prompt them to do so would be if:

A parent’s extraordinarily high income exceeds a child’s needs;
The contribution doesn’t match the custodial deficit;
Both parents spend roughly equal time with the child, but one pays more in housing; and,
Any child care costs, health expenses, or special needs that aren’t accounted for under the usual formula.

To get an idea of what your child support payments might be, based on California’s guidelines, try using this child support calculator. However, understand that these figures are just estimates, and in the end, the final amount will be up to the judge.

Appropriate Uses of Child Support

A common misconception assumes that child support in California is meant to cover only the bare necessities, and this is far from the truth. While child support money is certainly meant to put clothes on the kid’s back and food in their belly, courts expect these monies to be used for more than just essential survival. (Because let’s be honest, when it comes to kids, the term “needs” is fluid, and basically amounts to a bottomless pit). That being said, other legitimate expenditures might include education, health insurance and medical bills, childcare, transportation, extra-curricular activities, and, yes, even entertainment. A parent might also spend child support on things like heating, electricity, and internet, since these bills all address a child’s needs and expectations.

Unless basic needs aren’t being met, the custodial parent isn’t required to make an accounting of how child support is being used—and this standard probably won’t change. Not only are the costs of raising a child enormous and sometimes difficult to track, but they’re also extremely ambiguous. Requiring a custodial parent to make an accounting would place an unacceptable amount of strain on an already-overloaded court system, to say nothing of the burden it would put on the parents, themselves. It would be impractical.

So, while you probably shouldn’t use child support money to leave your kid at home and go on a solo vacation without them, the custodial parent has a lot of freedom when it comes to choosing how they spend child support. And since kids are so thoroughly blended into every single breathing moment of a parent’s life, this actually makes a lot of sense.

Duration of Child Support Payments

Another erroneous assumption that people often make about child support in California, is that payments automatically end once the child turns eighteen. Though teenagers might disagree, eighteen is not, in fact, a magical number at which point a child no longer needs the help and financial support of their parents—especially since many are still in school when that birthday occurs.

Because of this, California law states that child support payments are mandatory until the child turns nineteen, or until high school graduation, whichever comes first. Therefore, you can’t just stop paying support just because your kid hits the big one-eight. Unless your child:

Marries or registers a domestic partnership;
Joins the military;
Is emancipated; or,
Dies,

If high school hasn’t ended, then neither has your obligation to support.

Child Support and Visitation

It can be frustrating to try and wrangle child support payments out of an uncooperative former spouse each month—no one is arguing that. However, we have to stress, that being late or missing payments on child support does not give a custodial parent the right to withhold visitation from their former partner. In fact, doing so is actually a crime, and could adversely affect their own rights under the custody agreement. Bottom line? Child support isn’t the price of an admission ticket to see your child. It’s money to help offset the significant costs of raising a kid, and a late or default payment cannot diminish a parent’s basic rights to access their child.

If you are having problems with your former partner paying child support, a Stockton divorce lawyer can help you file a complaint with the court. The California judicial system takes child support seriously, and there are proper channels available to address incomplete or late payments without damaging your own rights under the custody arrangement.

Child Support Attorneys in California

Unfortunately, as much as we hate it, children are the ones usually hurt the most in divorce. And while nothing can compensate for the emotional trauma they face, child support can—at the very least—help them maintain some semblance of normalcy and comfort in the upturned world they’re expected to make the best of.

If you or someone you love have more question about child support in California—or any other divorce related questions—we can help. Call us at (209) 989-4425, or get in touch online to schedule your consultation today, and let us make sure your child support needs are being met.

Child Support

California Child Support

February 3, 2021February 1, 2021
by Briana White

Divorce is complicated. Splitting a life into two parts is daunting enough all on its own, but—just like everything else in life—with children involved, things gets trickier. Between custody, and visitation schedules, there’s a lot to figure out when it comes to kids, and child support certainly isn’t cheap. If you’re a parent contemplating divorce, and you’re fairly sure that your kids won’t live with you most of the time, you’re not alone in wondering when child support ends in California.

Here’s what you need to know about California child support, including how to estimate the amount of your payments, and how long these obligations will last.

What is Child Support?

If your divorce goes a lot like most we see, your child custody arrangement won’t result in a 50/50 physical custody split. Instead, the division will be unequal, with the primary custodial parent spending a lot more on child-related expenses than the other. In these situations, child support is meant to help offset the incredible costs of raising a child, and is usually made by the non-custodial parent in a divorce.

What is Child Support For?

Child support is money intended to help pay for a child’s expenses. While this naturally means food and clothes, these funds aren’t just about essential survival. Child support payments can be used to pay rent, compensate for transportation costs, buy groceries—even if they feed other people in the house—and can even cover things like extracurricular activities and entertainment for the child. These funds are a contribution to the family’s community money that helps keep the child’s standard of living intact.

In general, courts do not micromanage how child support funds are spent, and short of obvious neglect or abuse, a parent isn’t going to be required to make an accounting of them. Not only would such a thing not be feasible (since children are so integrated into our lives and expenses), but it would also place a huge, unnecessary strain on an already-overloaded court system.

Child Support Obligations: More Than Just Money

Child support isn’t only a financial payment each month, it also includes things like healthcare coverage (such as medical, vision and dental). Parents who already have insurance will likely be ordered to continue this coverage, so long as the costs are reasonable. If health insurance payments are made out of pocket, these obligations can be used to offset the total owed in child support. In the event that neither you or your spouse has health insurance when you divorce, don’t be surprised if a judge orders you to start paying for it, as it’s pretty standard procedure for courts to require healthcare in child support and parenting orders.

In addition to healthcare insurance, your divorce order will likely include a separate provision addressing expenses accrued out of pocket (such as a deductible or any uninsured medical costs). Since both parents are responsible for financially providing for their children, if you end up shouldering these kinds of expenses while caring for your child, you should be entitled to a fifty percent reimbursement from your former spouse.

Do You Have to Agree on a Child Support Amount?

Under California law, parents don’t have a lot of say in the amount of child support. The state has specific guidelines on how much money a non-custodial parent has to pay for the care of his or her child, and unless you have special circumstances, the court isn’t going to deviate from these guidelines.

The only exception, is if the non-custodial parent wants to pay more than the court orders. If both parents agree to payments that are greater than what California’s guidelines require, the court will likely honor this arrangement.

If you are curious what your payments might look like, try using this child support calculator. Keep in mind, however, that this amount can be adjusted to fit what’s “fair and reasonable,” and the final amount will ultimately be up to your judge.

When Does Child Support End in California?

Many individuals assume that child support payments end when the child turns eighteen, and this isn’t the case. In California, a non-custodial parent is typically required to pay child support until the child turns nineteen, or until high school graduation, whichever comes first. The only circumstances a parent can stop paying child support early, is if the child:

Gets married;
Joins the military;
Becomes emancipated; or
Passes away.

Do Child Support Payments Have to End When a Child is Old Enough?

Parents can agree to pay child support for as long as they want. Usually, extending payments beyond the child’s age of majority happens when parents want to pay for college. If you or your spouse are willing to continue paying child support during the time your child is in college, this can be written into your divorce agreement. The key is that you must both agree.

California Child Support Attorneys

If you have questions about child support in California—including queries about calculating payments, and when this support will end—we can help. Call us right away at (209) 546-6870 or get in touch with a Stockton divorce attorney online, and let our team help make sure your child support needs are being met.

Child Support

How Much is Child Support in California?

February 27, 2020August 10, 2020
by Angie

If you’re a parent going through divorce, you want what’s best for your kids. You want to take care of them – emotionally and financially – but how much is child support in California?

Here’s what you need to know.

How Much is Child Support in California?

In California, the law requires both parents to be responsible for supporting a child. The state has child support guidelines that help provide a minimum level of support for a child, and judges must follow them. However, in some cases, judges can deviate from the guidelines – but only in limited situations.

Child support varies from family to family. Some of the factors used to determine how much child support is include:

Each parent’s gross income
How much time a child spends with each parent
The tax consequences to both parents
Health insurance costs, pensions and union dues
Child care costs either parent must pay

For most people, it’s easiest to get a ballpark figure using a child support calculator.

Can Judges Order an Amount Different From What the Guidelines Say?

The guideline amount of child support determined by California’s mathematical formula is “presumed to be the correct amount of child support to be ordered,” according to California Family Code, Section 4057(a).

However, sometimes applying the mathematical formula neither fair nor reasonable. That means judges have some leeway in ordering child support, and it can go either way – lower or higher. Some of the circumstances that can cause a judge to order a different amount of child support include when:

A parent has an “extraordinarily high” income and the amount of child support the guidelines prescribe would exceed the children’s needs
A parent is not contributing to the children’s needs at a level that matches his or her custodial time
Both parents have pretty equal time with the kids and one parent spends a lot more (or a lot less) on housing than the other parent does
The children have special needs that may require more than the standard amount of child support

What Are Child Support Add-Ons?

The courts can order a parent to contribute to certain expenses that would benefit the children. For example, judges are required to order contributions to child care costs related to employment (or for reasonably necessary education or training for employment skills). That means if one parent is working but must pay for child care, the court can order the other parent to chip in.

Judges also have to order parents to pay “reasonable uninsured health care costs” for the children. That means if insurance doesn’t cover all a child’s medical expenses – or if the child does not have insurance at all – the parent paying child support must contribute to cover those costs.

Judges can also require parents to contribute to:

Costs related to a child’s special needs
Costs related to a child’s educational needs
Travel expenses for visitation when the children come to visit the noncustodial parent

How Much is Child Support in California?

The best way to determine how much child support is in California, other than doing a mathematical calculation, is to use a free California child support calculator. You’ll need to input the following information:

How many children you have
What percentage of time you spend with your child or children
Your net monthly income
Your net monthly expenses
Your spouse’s net monthly income
Your spouse’s net monthly expenses

Access the California Child Support Calculator Here

California’s Mathematical Child Support Formula

If you’re mathematically inclined, the formula for child support is:

CS = K (HN – (H%) (TN))

CS represents child support
K represents the combined total of both parents’ income that can be allocated for child support
HN represents “high net,” which is the net monthly income of the higher-earning parent
H% represents the approximate percentage of the time the children spend with the higher-earning parent
TN is the total net monthly disposable income of both parents

Ask a Lawyer: How Much is Child Support in California?

For a more specific calculation, call us at (209) 395-1605. We’ll discuss your case and all the specifics, and we can help you determine how much child support you’re likely to receive or pay.

Divorce

Divorce: What to Do First

October 1, 2019December 7, 2019
by Angie

If you’re thinking about divorce, what to do first is probably one of your main concerns. Should you move out? Take yourself off your spouse’s checking and savings accounts? Call an attorney?

Here’s what you need to know.

Divorce: What to Do First

Divorce is a major life change, and for most people, that means working with an experienced family law attorney who understands the process – and who can give case-specific legal advice. You should absolutely call a Stockton divorce lawyer to discuss your situation and get guidance. When you call an attorney, you’ll be able to ask questions about your own case and learn about the process; your attorney will also have some questions for you. Then, she’ll be able to put together a strategy that gets you the best possible outcome.

After you’ve called an attorney, you’ll also need to:

Gather financial documents
Separate your finances
Save money
Talk to supportive friends and family, or a counselor
Determine your goals for child custody
Think about whether you’ll ask for spousal support (or whether you’ll have to pay it)
Figure out your living situation

Here’s a closer look at each.

#1. Gather financial documents

Your attorney will need several financial documents, including tax returns and pay stubs (from you and your spouse) to help determine your division of assets. Gather your life insurance policies, home mortgage statements and retirement account statements, as well as any other financial paperwork you can find.

#2. Separate your finances

It may be a good time to open up a bank account and at least one line of credit that’s solely in your name. However, you should talk to your attorney before you make any major financial decisions – and don’t take money out of your joint account to finance your new account without asking your attorney about it first.

#3. Save money

If you haven’t worked, now may be a good time to start looking for a job. (You should talk to your attorney about this, too.) If you’re already working, start saving your own cash rather than putting it into your joint account. You’ll still have to own up to having this money, but it’s a good idea to keep it separate from your spouse’s cash.

#4. Talk to supportive friends and family, or a counselor

We all need someone to talk to – especially during tough emotional times like divorce. Rely on your friends and family when you need someone to listen, or work with a trained divorce therapist who can help you deal with your emotions. There’s another benefit to working with a therapist, too; he may be able to teach you new coping strategies that help you get through the stresses you’ll face during your divorce.

#5. Determine your goals for child custody

When you divorce, one of the first things you’ll also want to do is determine what you want for your children. Remember, the courts always put the children’s best interest first – so that means you and your spouse should try to come to an agreement about child custody on your own (and it should be fair to everyone involved). If you and your spouse can’t agree to a fair plan that’s good for your kids, the judge in your case will decide for you.

#6. Think about whether you’ll ask for spousal support (or whether you’ll have to pay it)

In some cases, the courts order one spouse to pay the other spousal support (commonly called alimony). These payments are designed to help the lower-earning spouse get back on his or her feet and become self-sufficient. However, even if you think you’ll have to pay spousal support, or if you’re sure you’ll receive it, you can’t count on that until you have a signed order from the judge.

Related: California alimony information

#7. Figure out your living situation

Once you decide to divorce your spouse, don’t automatically move out of the house. Doing so could cost you in the long run. Instead, talk to your attorney about what you want to do – whether you want to keep your marital home or you’d like to sell it, move into a smaller place or do something different. Don’t make any moves without talking to your lawyer first.

Do You Need to Talk to an Attorney About Divorce and What to Do First?

When you want a divorce, what to do first is a big question for most people. Call us at (209) 546-6870 or get in touch with a Stockton divorce attorney online to schedule a consultation today. We’ll discuss your case, find out about your circumstances and start putting together a plan that gets you and your family the best possible outcome.

Child Support

When Does Child Support End in California?

August 1, 2019March 6, 2020
by Angie

If you’re a parent who pays child support because your kids live with their other parent, or if you’re contemplating divorce and you’re fairly sure that your kids won’t live with you most of the time, you’re not alone in wondering when child support ends in California. Here’s what you need to know.

When Does Child Support End in California?

In California, a non-custodial parent pays child support until his or her child turns 18 – but there are some circumstances in which the paying parent continues to pay the obligation after that time. Typically, a paying parent must continue to pay if the child hasn’t graduated from high school and still lives at home with the receiving parent. In that case, child support stops when the child turns 19.

Can Child Support End Early?

In some cases, the paying parent can stop paying child support before the child turns 18. Those circumstances include when the child:

Gets married
Joins the military
Becomes emancipated
Passes away

Child Support Obligations: More Than Just Money

Child support isn’t only a financial payment each month. It also includes things like healthcare coverage (such as medical, vision and dental). Most child care expenses – including the financial obligation – are split 50-50 between the parents; it’s just that one parent often has the child for less time throughout the month, and in many cases, one parent makes more money than the other does.

Still, both parents are responsible for financially providing for their children.

Do Child Support Payments Have to End When a Child is Old Enough?

Parents can agree to pay child support for as long as they want to (as long as the child has reached the age of majority or meets one of the other conditions required to stop payments, like military service or marriage). If you or your spouse says you’re willing to continue paying child support during the time your child is in college, for example, you can write it in your divorce agreement.

Because California doesn’t automatically require child support to continue past the age of 18, even in cases of children with special needs, many parents do agree to continue support for longer. There’s nothing to stop you from doing so, as well, if it’s necessary in your case. The key is that you must both agree.

Do You Have to Agree on a Child Support Amount?

Under California law, parents don’t have a lot of say in the amount of child support that changes hands – unless they want to pay more than what the state’s guidelines suggest. For example, you can’t go to court and say, “We agreed that I will only pay $100 a month in child support,” and expect the judge to automatically agree. The state has specific guidelines on how much money a non-custodial parent has to pay for the care of his or her children, and unless you have special circumstances, the court isn’t going to deviate from the guidelines.

If one parent doesn’t want to pay child support, that parent is most likely out of luck. The courts recognize that both parents are required to provide for their children.

What is Child Support For?

Child support is money intended to help pay for a child’s expenses. It doesn’t matter if someone receives a child support payment and uses it to pay the rent or buy groceries that will feed other people in the house – it’s a contribution to the family’s community money that helps keep the child’s standard of living intact.

Do You Need to Talk to a Lawyer About When Child Support Ends in California?

If you need to talk to an attorney about when child support stops in California or what you may be ordered to pay (or receive), we can help.

Call us right away at (209) 546-6870 or get in touch with a Stockton divorce attorney online to schedule a consultation today.

Child Custody

What is Parentage by Estoppel in California?

July 27, 2019August 1, 2019
by Angie

If you’re like many people, you’ve heard the term parentage by estoppel – but what does it mean in California, and how does it affect your child custody case?

What is Parentage by Estoppel in California?

Paternity is often assumed in California. That means the courts assume that the person involved in the child’s life is his or her father. Cases in which the court assumes paternity include:

When the father was married to the child’s mother when the child was conceived or born.
When the father attempted to marry the child’s mother when the child was conceived or born, but something made the marriage invalid.
After the child was born, the father married the child’s mother and agreed to have his name put on the child’s birth certificate, or he agreed to support the child.
After the child was born, the father openly treated the child as his own.

That last one – where the father openly treats a child as his own – is called parentage by estoppel.

Parentage by estoppel doesn’t require a biological relationship. A father doesn’t have to be related by blood.

This is important to know if you’re working out a child custody agreement. Fathers who aren’t biologically related to a child may have rights when it comes to custody – and responsibilities when it comes to child support.

It’s called parentage by estoppel because once it’s established that the father held the child out to be his own, he can be held liable for child support.

What Does “Treating a Child as His Own” Mean?

A father who spends time with a child, or whose child calls him “Dad,” can be legally considered the child’s father. The adults in the situation hold out the child as theirs, and the father supports and fosters the relationship with that child.

The main idea behind parentage by estoppel is the child’s best interest. If a child has gone his or her entire life treating someone as a father – even if the person is not biologically related to the child – it’s typically best for the child to continue having that person as a father.

Related: Parentage in California

What About Establishing Parentage?

In California, a party can ask the court to establish parentage or sign a declaration of paternity form. This isn’t necessary when parentage is assumed (like in one of the situations listed above, such as when the father and mother are married when the child is conceived or born). However, it is necessary when the parents aren’t married – especially if the mother doesn’t want the father involved in the child’s life after a split.

Here’s an example:

Carrie and Bob aren’t married, and they break up before their child, Sarah, is born. Bob has to establish parentage if he wants to get child custody or visitation with Sarah. Otherwise, he has no claim to her.

If Bob doesn’t want to get custody or pay child support and denies that he’s Sarah’s father, Carrie has the right to ask the court to order him to submit to genetic testing.

Rights and Responsibilities After Establishing Parentage

When parents have been established legally, they have the following rights and responsibilities:

The right to request parenting time
The right to request custody orders
The responsibility of paying child support
The responsibility of paying healthcare costs (in some cases)
The responsibility of paying child care costs (in some cases)

Parentage by Estoppel in California

Even if a father has openly treated the child as his own, it’s often still a good idea to establish parentage. (Again, though, it’s not necessary if the parents were married or parentage is otherwise assumed.)

Do You Need to Talk to a Lawyer About Parentage by Estoppel in California?

If you’re going through a divorce, or if you need to talk to a lawyer about parentage by estoppel in California, we may be able to help you. Call us right away at (209) 546-6870 or get in touch with a Stockton divorce attorney online to schedule a consultation today.

Divorce

Is Child Support Mandatory in Divorce?

April 1, 2019May 24, 2020
by Angie

If you’re like many people who are splitting up in Stockton, you’re wondering, Is child support mandatory in divorce?

The main thing to understand is that the state of California says that both parents are responsible to contributing to their kids’ support and well-being. When it comes to child support, here’s how it works.

Is Child Support Mandatory in Divorce?

Child support is mandatory in divorce. The court can order one or both parents to pay child support, even if the divorcing couple doesn’t request it.

The law says, “Both parents are mutually responsible for the support of their children … each parent should pay for the support of the children according to his or her ability.”

The courts presume that the parent who has primary physical responsibility for the kids is already contributing a significant part of his or her resources to support them. That means if your children live with you most of the time and only visit with the other parent, the court counts the fact that you’re providing food, shelter and clothing for the kids toward your support obligation – and the other parent is typically the one who has to make child support payments.

How Does the Court Determine Mandatory Child Support?

The courts usually use California’s child support guidelines when they’re determining how much child support one parent will pay. The child support guidelines account for each parent’s net disposable income. In order to reach that figure, the court figures out each parent’s gross annual income, subtract deductions required by law, and then divide that by 12 (the months of the year) to find the monthly amount.

A parent’s gross income includes income from all sources, including:

Salary or wages, bonuses, commissions, rental income, pensions, royalties and other benefits
Income from the ownership of a business
Employment or self-employment benefits in some cases

The deductions the court will take to figure out net income are:

Mandatory union dues
State tax obligations
Federal tax obligations
Job-related expenses that are necessary to job performance
Health insurance premiums
Hardships like basic living expenses for children from previous relationships or extraordinary health expenses

The courts determine mandatory child support based on how much time each parent spends with the children and which parent the kids live with.

Do I Have to Pay Child Support if I Have No Income?

The courts can still order you to pay child support and make it mandatory, even if you have no income. Sometimes one parent refuses to work in order to avoid paying child support – but in cases like those, the courts will look at that parent’s ability to earn and base child support calculations on how much that person could earn if he or she was employed. However, in order for the courts to do this – it’s called imputing income – the other parent will need to provide proof that there are jobs that the non-paying parent is qualified to perform.

Can My Spouse and I Agree to Our Own Child Support Arrangements?

You and your spouse can agree to your own child support arrangements and submit your plan to the court. The court does not have to approve it. However, if you do make your own child support agreement, it must state that:

You both know your rights
Neither of you were forced to agree to this arrangement
The agreement is in your kids’ best interests
The agreement will meet your kids’ needs
Neither of you are receiving public assistance and neither of you have applied for public assistance

How Long Does Mandatory Child Support Last in a Divorce?

Typically, parents are required to pay child support until the child reaches the age of 18. However, there are some exceptions. For example, if your child becomes emancipated before the age of 18, you can stop paying. (Your child will be considered emancipated if he or she gets married, gets a declaration of emancipation from a court, or goes on active duty in the military.)

You still have to pay if your child is 18 but is still in high school and is not self-supporting. That obligation doesn’t end until your child turns 19 or completes 12th grade – whichever comes first.

If your child is unable to earn a living and doesn’t have sufficient means to live, both of you are required to support him or her to the extent that you’re able.

You can agree to a child support order that extends longer if you want to.

Do You Need to Talk to a Lawyer About Child Support Being Mandatory in a Divorce?

If you’re still not sure whether child support is mandatory in divorce because of your situation, we may be able to help you.

Call us at 209-546-6870 to schedule a consultation with a divorce attorney in Stockton right now. We’ll answer your questions about child custody and child support, property division and more.

Child Support

Child Support Laws in California

February 8, 2019August 3, 2020
by Angie

Child support laws in California help ensure that both parents are financially responsible for their children. The courts use a special formula to determine how much one parent will pay the other parent, and once a judge orders child support, it remains the same unless you go back to court to change it (or the child reaches a certain age).

Child Support Laws in California: What You Need to Know

California Family Code 4053 provides a framework for the way child support laws work here, and it explains that children should enjoy the same standards of living that their parents enjoy. It also shows that in California, the parent who has primary parenting time – the one who has the child more often than the other parent – is assumed to contribute more resources to the child. (But that’s not always the case, and if that’s your situation, make sure you let your Stockton divorce lawyer know.)

The Family Court doesn’t always have to follow California’s child support guidelines. In some situations, the guidelines just aren’t right – but if you feel that the guidelines are a bad fit for your family, your attorney will have to show the court that using them to determine child support would be “unjust or inappropriate.”

Related: 5 Myths About Child Support in California

What if You Agree to More (or Less) Than What the Child Support Guidelines Say You Should Pay?

Parents are free to reach their own agreements on child support. If you and your ex decide that one of you should pay more or less than what the guidelines would require – and you’re both in agreement, and nobody’s being coerced – the courts will consider your request. However, if the amount is less than what the guidelines require, you can be sure that the court will look at your request very carefully.

How Child Support Laws in California Work

When you or your ex will have to pay child support, the court will create an order that outlines how much money is supposed to change hands. These ongoing monthly payments for the care and support of your children last until each child turns 18 or 19. If you have three children, and one turns 18 and becomes ineligible for child support payments, the support for that child stops. It continues for the other two until each of them comes of age.

When Would You Pay Child Support Until Your Child Turns 19?

You may have to pay (or you may receive) child support until your child turns 19. That happens when your child is unmarried and attending high school full-time. If your child turns 19 and is already enrolled in high school full-time, support payments don’t typically end until he or she graduates.

There are exceptions to every rule, though, which means that you’ll have to talk to your attorney about the specifics.

Related: How Child Support Works in Stockton, California

What if You Don’t Follow Child Support Laws in California?

When a judge orders you to pay child support, you’re legally required to do so. If you’re able to pay and you’re just not doing it, you can be found in contempt of court – and that can actually land you behind bars.

If you cannot afford to pay your child support, you’ll need to let the court know – either through your attorney or on your own. You may be able to get your support amount lowered, but only if there has been a significant change in your circumstances since the last time the judge ordered you to pay.

There can be serious consequences for failing to pay child support, including the court:

Freezing your assets
Suspending your driver’s license
Suspending your professional license
Reporting to credit bureaus
Garnishing your wages, tax refund, workers compensation benefits or disability benefits

Child Support and Your Passport

If you’re traveling outside the country but you owe more than $2,500 in past-due child support, you will be denied issuance or renewal of a passport.

Related: The Basics of California Child Support

Do You Need to Talk to an Attorney About the Child Support Laws in California?

Whether you think you’ll have to pay child support or that you’ll be entitled to receive it, we can help.

Call us at 209-910-9865 to set up your consultation with an experienced, knowledgeable child support and divorce attorney in Stockton today.

Category: <span>Child Support</span>

Table of Contents

A Safe Haven During Troubled Times

Domestic Violence, Custody, and Visitation: Putting Children First

Supervised Visitation: Shielding Children from Harm

Why Supervised Visitation?

Restricting Custody: Prioritizing Safety Above All Else

What Factors Are Considered?

Protecting the Victim: Creating a Safety Net

Restraining Orders:

No-Contact Orders:

The Financial Scars of Abuse: How California Law Protects Victims

Spousal Support: Acknowledging the Impact on Earning Capacity

Child Support: Ensuring Children’s Needs Are Met

Financial Abuse: A Hidden Form of Control

Finding Strength and Support in the Face of Abuse

Resources

Child Support Overview

California Child Support Guidelines

Calculating Child Support: Income and Custody

Net Disposable Income

Custody Agreement

The California Child Support Equation

Special Adjustments

Child Support Attorneys in California

Child Support in California

Calculating Child Support in California

Other Factors Influencing Child Support

Appropriate Uses of Child Support

Duration of Child Support Payments

Child Support and Visitation

Child Support Attorneys in California

What is Child Support?

What is Child Support For?

Child Support Obligations: More Than Just Money

Do You Have to Agree on a Child Support Amount?

When Does Child Support End in California?

Do Child Support Payments Have to End When a Child is Old Enough?

California Child Support Attorneys

How Much is Child Support in California?

Can Judges Order an Amount Different From What the Guidelines Say?

What Are Child Support Add-Ons?

How Much is Child Support in California?

Access the California Child Support Calculator Here

California’s Mathematical Child Support Formula

Ask a Lawyer: How Much is Child Support in California?

Divorce: What to Do First

#1. Gather financial documents

#2. Separate your finances

#3. Save money

#4. Talk to supportive friends and family, or a counselor

#5. Determine your goals for child custody

#6. Think about whether you’ll ask for spousal support (or whether you’ll have to pay it)

#7. Figure out your living situation

Do You Need to Talk to an Attorney About Divorce and What to Do First?

When Does Child Support End in California?

Can Child Support End Early?

Child Support Obligations: More Than Just Money

Do Child Support Payments Have to End When a Child is Old Enough?

Do You Have to Agree on a Child Support Amount?

What is Child Support For?

Do You Need to Talk to a Lawyer About When Child Support Ends in California?

What is Parentage by Estoppel in California?

What Does “Treating a Child as His Own” Mean?

What About Establishing Parentage?

Rights and Responsibilities After Establishing Parentage

Parentage by Estoppel in California

Do You Need to Talk to a Lawyer About Parentage by Estoppel in California?

Is Child Support Mandatory in Divorce?

How Does the Court Determine Mandatory Child Support?

Do I Have to Pay Child Support if I Have No Income?

Can My Spouse and I Agree to Our Own Child Support Arrangements?

How Long Does Mandatory Child Support Last in a Divorce?

Do You Need to Talk to a Lawyer About Child Support Being Mandatory in a Divorce?

Child Support Laws in California: What You Need to Know

Related: 5 Myths About Child Support in California

What if You Agree to More (or Less) Than What the Child Support Guidelines Say You Should Pay?

How Child Support Laws in California Work

When Would You Pay Child Support Until Your Child Turns 19?

Related: How Child Support Works in Stockton, California