Tag: <span>Child Support</span>

Child Custody Overview

December 23, 2021
by Briana White

Child custody refers to the various rights and responsibilities associated with taking care of a child. These authorities and obligations are most commonly associated with divorce; however, they are also relevant to unmarried parents, grandparents, legal guardians, and individuals looking to adopt.

In this child custody overview, we’ll define important terms, talk about parental rights, and help you gain a better understanding of what to expect during this important process.

Child Custody: 101

In the family law arena, child custody refers to the myriad of rights, powers, and obligations associated with caring for a child. Most of the time, we think of these authorities when couples are getting divorce, however, child custody can also be relevant to:

Unmarried parents—couples who are not married, and want a structured parenting plan to govern interactions with their child.
Grandparents—who might be wanting to gain custody over a grandchild who isn’t receiving proper care from parents.
Legal guardians—who may need partial access to certain custodial powers in order to care for a child or incapacitated adult.
Adopted parents—who may want to take on the full mantel a of parental rights for a child who isn’t biologically theirs.

Regardless of circumstances, all child custody cases are governed by the same set of family laws. These laws attempt to make decisions based on what outcome is most likely to serve a child’s best interest.

In California, these custodial powers break down into two main groups: legal custody and physical custody.

Legal Custody

First off, there’s legal custody, which refers to a parent’s decision make authority, and their right to determine how their child will be raised.

This category of custody includes a parent’s right to make decisions about their child’s:

Medical and dental health;
Psychiatric and psychological therapy;
Education and child care;
Religious and cultural exposure;
Travel opportunities; and even,
What extracurricular activities they’re allowed to be involved in (if any).

Most of the time, California parents will end up sharing this authority, equally, meaning that both must pass off on all major decisions.

Physical Custody

The other branch of custody is physical custody. This category refers to a parent’s right to live under the same roof as their child, and to have regular, in-person face time.

Since it’s so difficult to divide a child’s time exactly equal between parents, California courts will almost always assign one parent to be the child’s custodial parent (or “primary residence” parent), while assigning the other ample parenting time in the form of visitation.

A child’s primary residence is where they live most of the time. This parent is in charge of meeting their daily needs, including food, clothing, as well as things like transportation, daily medication, and homework.

Child Custody: Joint vs. Sole

In California, legal and physical custody are assigned separately. To this end, each set of powers can be assigned to one parent, alone (in “sole custody”), or to both, as shared powers (known as “joint custody”).

Most of the time, legal powers are assigned jointly between parents. This means that both must pass off on decisions for their child, and that one cannot act without the express permission and authority of the other. Legal custody is easy to split fifty-fifty, since it doesn’t require a child to be living under the same roof as its parents.

Physical custody, on the other hand, is not as easy to divide equally. Between school, extracurricular activities, competing work schedules, and child care needs, it can be nearly impossible to give each parent an equal amount of face time with their child. Which is why it’s so common for courts to assign one parent to be the child’s primary residence.

To decide which parent will be the child’s primary residence, the court will analyze a number of individual factors, to determine what course of action will be in their best interest.

Primary Residence Factors

Some of the factors the court may consider when deciding on primary residence include:

The child’s relationship with both parents;
The child’s physical, emotional, and educational needs;
The child’s need for continued social stability;
The child’s tie to relatives living in the area;
Each parent’s ability to care for their child;
Any history of family violence; as well as,
Any history of substance abuse by either parent.

Keep in mind that in California, you can still be considered joint physical custodians, even if your arrangement has an uneven division of time.

Child Custody: Visitation

The parent who does not get assigned as the primary residence will still receive ample parenting time in the form of visitation.

A visitation schedule outlines the division of time with your child, and is determined based on what is in your child’s best interest. In California, visitation can be:

Scheduled—a detailed plan that outlines specific dates and times of exchange, including where the child will spend holidays and birthdays.
Reasonable—an open-ended agreement that does not make specific arrangements; instead, parents agree to work out the details between themselves.
Supervised—an arrangement that requires visits to be supervised by another adult, or a professional agency. This type of visitation generally occurs when the child has experienced harm or neglect because of the parent.
No Visitation—a situation where any contact with a parent (even supervised) would be physically or emotionally harmful to the child.

In addition to a visitation schedule, non-custodial parents are often assigned to pay child support.

Child Custody: Child Support

As all parents know, children don’t come cheap, and these expenses don’t end, just because parents get divorced, meaning that—without support—a child’s primary residence parent will inevitably end up shouldering the bulk of costs for these daily needs.

Hence, to offset this imbalanced financial burden, California courts will often require non-custodial parents to pay child support. This ensures both parents are responsible for meeting their child’s needs, and are held equally accountable, accordingly.

In California, child support is calculated using a formula that weighs each parent’s income against their percentage of parenting time. However, the court is allowed to deviate from this formula in situations like a high net divorce, when a higher monthly amount would be more appropriate.

Child Custody: Drafting your Parenting Plan

A family court judge is often needed to help finalize custody matters, however, they aren’t necessarily a requirement, and couples are always free to draft their own parenting plan.

This can be done between individuals—with or without attorneys—or through a more structured process, such as divorce mediation. For some couples, collaborative divorce can be another good, out of court option.

So long as your proposed custody agreement meets certain state guidelines (such as child support minimums), judges are usually happy to sign off on an agreement you reach on your own.

Child Custody: Enforcement and Modification

In California, decisions involving minors are all made under the scrutinizing lens of the best interest of the child. This legal standard requires the court to choose—not what you want, as a parent—but the outcome that will serve your child’s long-term health and wellbeing the best.

When a parent fails to uphold their duties under this order, it’s the child who ultimately suffers the most, and California courts do not take these infractions lightly. Penalties for noncompliance are dependent on the offense, but can result in serious legal consequences, including a restriction on parental rights, fines, and even jail time.

If there is a legitimate life change keeping you from carrying out your responsibilities, then talk to your attorney right away. In some situations, custody orders can be modified, however, these changes cannot be applied retroactively. So it’s important not to wait, if something comes up.

Child Custody Attorneys in California

As a parent, nothing is more important to you than your child. You want what’s best for them, and worry about how divorce will affect them. At Maples Family Law, we understand and empathize with these concerns, which is why we hope you’ll trust us to help.

If our child custody overview hasn’t answered all your questions, we hope you’ll reach out. Call us today at (209) 989-4425, or get in touch online, and let our team of experienced family law attorneys fight for your child’s best future.

Divorce

Enforcing a Divorce Order

November 6, 2021
by Briana White

The last thing anyone wants to do after getting divorced is head back to their attorney’s office for post-divorce services—especially if those services involve enforcing a divorce order.

Unfortunately, that’s exactly what a lot of people have to do.

On the bright side, divorce orders are not optional, so this is one lawsuit you’re likely to win. These directives are like personalized laws made just for you and your ex, and failure to comply can carry significant legal and financial consequences.

Here’s what you need to know about enforcing a divorce order in California, and what the Maples Family Law team can do to help you navigate this stressful situation.

What is a Divorce Order?

A divorce order (or “divorce decree,” as it’s sometimes referred to in California) is a legal document that formally ends your marriage, and encompasses all the terms of your divorce.

These terms are kind of like directions, which tell the individual spouses what they need to do, after divorce. Some of the edicts might include:

How to divide marital property
How to divide marital debt
The duration and amount of alimony
Legal and physical custody arrangements for minor children
The amount and duration of child support

These terms are specifically constructed to fit each family’s unique situation, and whatever your judge includes in this order must be followed by both parties.

However, that doesn’t always mean that they are…

Enforcing a Divorce Order in California

So now you’re here. Your divorce is over, the ink on your decree is dry, and you thought things would start getting back to normal, but they aren’t. Because your ex is refusing to follow the judge’s orders.

What now?

If you are dealing with an uncooperative ex, here are five steps you need to take when enforcing your California divorce order.

1. Make Sure You’re Squeaky Clean

First and foremost, do not open that “motion to enforce” can of worms until you’re absolutely sure you’re all caught up on compliance, yourself. Heading back to court any time before that is too risky because your judge certainly won’t be wearing blinders in that hearing.

Once you file a motion to enforce, the court has the liberty of reviewing all the terms of your divorce order—not just the ones you want to complain about. Which means they’ll be reviewing the things you may or may not be lax on, yourself.

Don’t give your judge the opportunity to find something wrong with you, too. Before doing anything—especially going to court—be sure that you’re 100% compliant with your own responsibilities. Otherwise, things could backfire.

2. Figure Out Exactly What They Aren’t Doing

While making sure your own compliance is up to snuff, be sure to take a look at your divorce order, and identify the specific terms that your ex is not complying with.

Whether they’re late on child support, have failed to vacate the house, or aren’t following through on specific custody or visitation arrangements. Whatever it is, be specific. Know the exact terms and the precise violation.

This attention to detail will help you document the problem more accurately. In turn, having specific, targeted evidence will help you negotiate succinctly with your spouse, and strengthen your arguments, if you do end up going to court.

3. Gather (Specific) Evidence

Now that you know the exact violations, you can start gathering specific evidence to support your complaints. If they aren’t keeping up with visitation schedules, then keep a journal of dates and times when things went wrong, as well as the conversations you’ve had to try and remedy the issue.

On the other hand, if they aren’t following through on alimony, or debt responsibilities, then perhaps gathering financial documents might be helpful.

Whatever the infraction, strong evidence will help you meet your burden of proof as the injured party, if you end up having to litigate.

4. Talk to Your Spouse

Hopefully, you’ve been doing this step the whole time, but if you haven’t yet, we recommend trying to work things out with your ex, before heading back to a judge.

As you already know, attorney’s fees don’t come cheap. While an injured party is often able to recover these expenses, it’s not necessarily a guarantee, and it’s always easier to just not have to in the first place.

Sometimes individuals are capable of working things out on their own. Other times, the structure of mediation is more effective. Either way, it’s almost always better to exhaust your “out of court” options before trying anything else.

5. File a Motion for Contempt of Court

If negotiations fail, then the only option you have left is to file a “motion for contempt” with the court.

Contempt essentially means that someone has either intentionally (or negligently) failed to follow direct orders from a judge. When filed, this motion should highlight the specific areas of the complaint that were violated, and list the reasons why contempt is the appropriate charge.

After you file this motion, your ex will have the opportunity to respond, and then both of you will be assigned a hearing date. At that time, you’ll be able to present all of that carefully gathered evidence you acquired in Step 3.

Contempt is a serious criminal charge, which can result in steep legal fines and even jail time. If your ex is not complying with your divorce order, talk to your family law attorney about whether or not this motion is appropriate for your situation.

Attorneys Who Can Enforce a Divorce Order in California

Going to court was stressful the first time around, and the last thing you want to do is head back there again. Unfortunately, sometimes that’s the only way to get an ex to cooperate, which is why you need an experienced family law attorney on your side.

If you have more questions about enforcing a divorce order in California, and whether legal action might be necessary in your situation, we want to hear from you. Call the Maples team at (209) 989-4425, or get in touch online, and let us help ensure your rights are being protected.

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

3 Questions to Ask Yourself Before You File for…

September 22, 2019August 13, 2020
by Angie

If you’re like most people who are considering divorce, you know you need a lot of information to make an informed decision. Before you file for divorce, you need to ask yourself three very important questions – and you have to come up with the right answers before you can make the right choice.

3 Questions to Ask Yourself Before You File for Divorce

Before you file for divorce, ask yourself:

How will a divorce impact me financially?
How will a divorce impact my day-to-day life?
Are there other options?

Let’s take a closer look at each of these so you can make the most informed decision possible. We also recommend consulting with a Stockton divorce lawyer who can explain the divorce process to you and answer all your case-specific questions.

#1. Before You File for Divorce: How will a divorce impact me financially?

There’s no doubt that divorce will have a financial impact on you, your spouse and your kids. However, the impact depends on whether you both work, how much each of you contributed to the marriage, and whether you’re able to continue working the way you did while you were married.

Child Support

When you go through a divorce with children, someone is getting child support – and that means the other party is paying it. The amount of child support that changes hands is largely based on the non-custodial parent’s income, which means that the person who has the children most of the time will most likely be the recipient.

Spousal Maintenance

Alimony might be a possibility in your divorce, too. If your spouse makes less than you (or nothing at all), he or she can ask the court to award spousal maintenance. Likewise, if you’re the lesser-earning spouse, you have every right to ask the court for alimony. Alimony can be temporary (only during your divorce) or it can be more permanent, sometimes lasting for months or even years. However, there’s no way to predict how a judge will rule when it comes to spousal maintenance (unlike child support, which the state of California requires for minor children). You can’t count on receiving or paying it until you have a signed order from the judge.

#2. Before You File for Divorce: How will a divorce impact my day-to-day life?

You may not think divorce will impact your day-to-day life that much, particularly if you and your spouse have been separated or you rarely spend time together. However, if you’re a former stay-at-home mom who hasn’t been to work since you had children, it’s a big prospect – and it can be overwhelming. You’ll have to plan to get a job, find caregivers for your children and, in many cases, change your schedule around to accommodate visitation and your own time with the kids.

You’ll have to plan for these things during the divorce process. Typically, parents address things like childcare while they’re working out a custody agreement. Your attorney can help you make the right plans, too – you don’t have to do it alone.

#3. Before You File for Divorce: Are there other options?

In most cases, divorce isn’t your only option. (This doesn’t apply to cases of abuse or other significant issues.) You may be able to make other arrangements that suit your family better, such as living apart but still together, or filing for a legal separation but stopping short of divorce. You may also be able to attend marital counseling with a licensed therapist or talk to someone you trust about the issues you’re experiencing in your marriage. If both parties are willing to work at it, it’s possible to repair a marriage that first appeared beyond saving.

Are You Thinking About Divorce?

Often, people think about divorce and try to make rational, logical decisions without having all the facts. If you’re thinking about divorce, it’s usually a good idea to consult with a Stockton divorce attorney who can answer your questions and explain the process to you. Once you’ve talked to an attorney, you’ll fully understand whether it’s an option for you – and you’re under no obligation to actually get a divorce just because you talked to a lawyer.

If you’d like to discuss your options and learn about how divorce might be one of them, call us at (209) 989-4425 or get in touch with us online to talk to a lawyer who can help today. We’ll help you with every question you have about divorce, from child custody and child support to alimony and property division.

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

Prenups in California: What You Need to Know

April 6, 2019August 3, 2020
by Angie

If you’re getting a divorce in Stockton and you’ve signed a prenuptial agreement – commonly just called a prenup – here’s what you need to know.

What is a Prenup in California?

A prenup is a legal document that can help one party’s assets in a divorce. The Uniform Prenuptial Agreement Act covers prenups under California law. The law says that parties to a prenup – in this case, you and your spouse – can agree to things like:

The rights and obligations of each party in any of the property, regardless of where or when it was acquired
Spousal support if the couple divorces
The making of a will, trust or other arrangement to carry out the agreement’s provisions
The ownership rights of a life insurance policy’s death benefits
Other matters that don’t violate public policy

The content of the agreement can’t be extremely unfair, though – if it is, the judge in your divorce will most likely rule against it.

Related: What is community property?

How Do Prenups Work in California?

A prenup is only valid if both parties signed it knowing full well what they were signing.

If the court finds that it’s valid, there may still be some parts of it that the court views as unenforceable. For example, if there’s something that’s extremely unfair in it, the court can rule against it.

Sometimes, attorneys can fight against a prenup in court.

Prenuptial agreements made after 2002 are only enforceable if:

Both spouses have received complete information from the other spouse about property and finances before signing (meaning the other party was honest at the time)
The spouse who agreed to the prenup had at least one week between receiving it for the first time and signing it (that gives the person enough time to have an attorney review it)
The spouse who signed it was represented by an attorney of his or her own when signing it, or received full information in writing about the terms and effects of the agreement, as well as having signed a separate document that says he or she did receive that information

Does a Prenup Protect One Party From Paying Alimony?

A prenup can protect one party from paying alimony. However, in the past, courts have ruled that a waiver of alimony can only be enforced when spouses have pretty equal education and intelligence and who were both self-sufficient when they made the agreement.

If one spouse would need to go on public assistance to live while the other suffered no such hardship, that’s an example of extreme injustice – and the court may elect not to honor that part of the prenup.

Does a Prenup Protect One Party From Paying Child Support?

Prenups cannot address child support. California law requires that both parents are responsible for the support of their children, and the state uses a complex formula to determine how much child support will change hands in a divorce.

What About Property Division and Prenups?

Your prenup might address community property in a way that prevents you from having to divide it. In some cases, things like earnings during a marriage (which are ordinarily divided) can remain separate property. That means the spouse who earned them is the spouse who is entitled to them.

Inheritances and other assets can be addressed, too. For example, a parent with children from a prior relationship may use a prenup to exclude his or her current spouse from inheritance rights – that way, he or she can ensure that any inheritances are divided among the kids, rather than the kids and the spouse.

Do You Need to Talk to a Divorce Lawyer About Your Prenup?

If you’ve signed a prenuptial agreement and you’re getting a divorce, we may be able to help you.

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 formulating a plan that gets you and your family the best possible outcome.