The most common cases in the Orange County family law courts tend to involve married couples, i.e. husband and wives. There are, however, times when a case is a little different and is likely to involve single parents. The way the law in Orange County operates with respect to single parents can be a bit different from the way it works when dealing with married couples. In most states, the rights of the single parents, especially of the father, are a bare minimum unless they decide to ask for them.
The basis of California law in terms of single parents is that a single parent, i.e. the father, needs to prove that he is the father, as opposed to the vice versa assumption in the couple’s cases. This article will highlight the key aspects of the California law with respect to single parents, thus highlighting the legal path they can adopt to seek legal protection and rights.
The Automatic Custody of the Child is with the Mother, Pending Establishment of Paternity
There is seldom a doubt regarding the identity of the child’s mother. This is because the mother is the one who gives birth and the hospital records etc. make it impossible to doubt that. In family law, a single parent mother will have what amounts to de facto physical and legal custody of the child from the day of the birth of the child, until the paternity is determined, i.e. that the father of the child is in fact the biological father, which is generally determined by genetic DNA testing. What is important to understand is that when married couples have a child, there is a legal presumption that the husband and wife are the biological parents of the child. When couples have a child but are not married, there is no legal presumption that the father is in fact the biological father of the child, and that can only be established by either genetic DNA testing or by stipulation of both parties that the father is in fact the biological father of the child.
The Father Must Prove He is the Father
Again, any child that is born out of wedlock means that the mother is the custodial parent, and the father has to take two major legal steps to have some degree of authority or control over his child’s life. The first step is that he needs to prove that he is the rightful father in terms of biology. The second aspect is to go to the court or an Orange County mediator to get custody or visitation of their child. Paternity can be proved by the father signing the acknowledgment form and the mother signing it too or by petitioning in the court and asking for a paternity test to settle the issue.
A Proven Father Generally Must Support The Child
Once the paternity is proven or acknowledged, the father now will have the same rights as a married father would have, but that also means that the father could be expected to pay child support depending on the income of the parties and percentage of custodial time that each party has as determined by the court. These funds are going to be given to the mother and the amount can be decided mutually through Orange County divorce mediation or by Orange County family law proceedings.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”
Telling your children about a divorce will always be difficult. But the conversation also provides an opportunity for parents: the first chance to practice co-parenting together in the face of the split.
In order to achieve the best outcome, we suggest that both parents independently consult expert resources on telling kids about divorce. These resources may include family therapists, individual counselors and books. Then, the spouses can have an informed conversation with one another, using the ideas found to formulate a plan for the conversation with their children.
Here are a few basic ideas to get the conversation going.
1. Give some thought to the setting.
In Psychology Today, Dr. Kevin Arnold, Ph.D, points out that most children will remember the moment that they learn of the divorce for a long time. Arnold suggests thinking carefully about the where and the when of telling kids about the divorce.
2. Stick to a simple message.
The American Association of Pediatrics suggests that messy details may encourage children to feel that they can or should become involved in fixing the problem. Choose a few simple sentences to announce the divorce, reassuring children that it is not their fault and reinforcing the fact that they are still completely loved.
3. Consider having several talks.
Like adults, children need time to process information. Shirley Thomas and Dr. Robi Ludwig, Psy.D., authors of a co-parenting book, suggest planning a few short conversations instead of one long conversation.
The focus of the conversations will differ depending on the age of your children. We suggest that parents consider what types of information are appropriate at what age, and what concerns children of different ages are likely to have.
Older children and children with friends who have divorced parents may be especially concerned about the process of divorce. An agreement to use divorce mediation allows parents to truthfully reassure children that the divorce process will be handled as calmly and as cooperatively as possible.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”
Gerald A. Maggio is a trained Riverside divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
Did you just get a divorce? If your divorce was finalized a few months back, the headache of filing for taxes may have already fallen upon you. New divorcees will get to experience all of it for the first time, i.e. filing tax returns and dealing with new tax issues. Here are five things to know to reduce the anxiety that comes with filing taxes:
1. Figure Out Your Filing Status
Determine the date the judge finalized the divorce. If your divorce was finalized by midnight on December 31st, you will generally have to file your tax returns separately. If your divorce judgment was entered after January 1st, you have the option of filing “married filing jointly” (if your spouse is agreeable and it makes sense to do so) or “married filing separately.” If you share custody of your children, you will generally get to claim head of the household status.
2. Child Support Payments vs. Spousal Support Payments
It is very important to know that people who pay alimony are entitled to write those payments off as a tax deduction, and those receiving spousal support must claim it as “income” on their tax returns. Therefore, both parties should plan their tax obligations accordingly. On the other hand, those paying child support cannot claim such payments on their taxes as a deduction, and those receiving child support do not need to report such payments on their tax returns.
3. Determine Who Gets the Child Exemptions
During divorce proceedings, you and your partner can decide on who gets qualified to claim the child/children as tax exemptions. If you have joint custody (i.e. 50% each), then generally you should agree to alternate the right to claim the tax exemption each year. Otherwise, the party who has over 50% custody gets to claim the child as a tax exemption pursuant to the IRS Code.
4. Change Your Withholding on the W-4 Form
You can claim extra tax exemption on your W-4 form through your employer to offset the tax deduction for spousal support payments you are making, leaving you with more net income each month. On the other hand, people who receive alimony payments can ask their employer to withhold additional taxes from their paycheck to cover their new tax liability.
5. Review the Legal Fees
If you filed for divorce using the litigation method, you might have significant legal fees incurred. Unfortunately, most legal fees are not tax-deductible, but fees that you paid for advice regarding taxes are.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”
Child support is ordered by the judge granting one partner the right to receive money from the other. The partner who has more custodial time of the child(ren) usually seeks child support. However, child support laws differ from state to state so the divorcing parties need to ask their attorney about what the laws are in their state. If you live in California, then you need to have some understanding of the law.
Child Support Laws in California
Judges have to follow specific guidelines when deciding how much child support one party has to pay. They consider these factors when deciding on the amount payable:
Gross income of each parent
Number of kids
Percentage of time each parent spends with the kids
Where one party is paying mortgage interest and property taxes on a property
The medical insurance premiums paid each month and by whom
Whether one party is in a union and pays union dues and mandatory retirement each month
Courts use a computer program, such as Dissomaster or Xspouse, which are based on the California formula for child support to calculate monthly child support payments.
Determining Income
Each partner provides the court with their gross income, which the court uses to determine the gross annual income and divides it by 12 to get the monthly amount. For your knowledge, gross income can consist of:
W-2 income (salary and bonuses/commissions)
Rental income
Interest
Pensions
Social Security benefits
Disability Insurance benefits
Workers Compensation benefits
Unemployment Insurance Benefits
Investment income
Trust income
Royalties
Dividends
Income from Owned Business(es)
What Actions does the Court Take if the Partner is Unemployed?
Some people may quit their job to show the court that they are unable to provide the ordered child support payments. If this scenario comes to the court’s attention, it will consider the amount the partner was earning prior to quitting their job and otherwise is able to earn and calculate child support using that. Before ordering that, the unemployed partner will have to provide the court with proof stating that there are available jobs that he/she is qualified to apply.
Determining Timeshare
The court looks at what the regular weekly custodial schedule is, along with the annual holiday and vacation schedule to determine the percentage of custodial timeshare for each parent. The most accurate way to determine such percentages is to break down each party’s custodial time into hours and then divide by the number of hours in one year (8,760).
You should always consult with an experienced divorce mediator or attorney to fully understand what child support you can expect to pay or receive.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”
For many families, a divorce settlement is not only the end of one story, but also the beginning of several new ones. Children will get older, lives will change, and new circumstances and opportunities will arise.
With those changes, practical and legal issues will arise. What if a parent wants to move away while the children are still young? What if one of the parties’ financial situation changes substantially?
Change and conflict do not have to create family turmoil and stress. Divorced spouses can plan to collaboratively handle and resolve conflict. Returning to mediation can be a powerful tool in the process of keeping post-divorce life moving forward.
If one or both parents wishes to modify the custody agreement, the return to mediation should be automatic. If they arrive in court without a complete agreement about every aspect of the new arrangement, the court will mandate the parents to see a court-appointed mediator.
Mediation can protect children from emotional damage by providing a collaborative, rather than combative, context for working through disagreement and creating an acceptable arrangement.
Changes in support can also lead a family back to mediation. When employment or financial circumstances change, support issues can arise. Disagreements over money are unpleasant, but spending a lot more money in court fighting over money is worse for everyone — and often needless.
Private divorce mediators are trained to help divorced spouses work through financial arrangements productively. Post-divorce support mediation avoids the long court process and puts the spouses in control of the outcome.
For further information or to schedule a consultation with California Divorce Mediators, please call (949) 553-0911 or visit www.cadivorcemediators.com. California Divorce Mediators is an experienced Divorce Mediation and Family Law firm serving the Orange County and Riverside areas and neighboring counties, serving individuals, couples and families with legal issues including divorce, legal separation, spousal support, child support and child custody issues.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”
Gerald A. Maggio is a trained Irvine divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
Although one party may have to pay child support to the other parent, it is important to understand that California law mandates that both parents have an equal obligation to support their child.
Furthermore, California law provides guidelines to courts to determine the appropriate amount of child support, based on a formula that is incorporated into a complicated child support calculator software program, such as Dissomaster or XSpouse. The calculation factors in both parties’ gross monthly income (i.e. employment income, investment income, and rental income all constitute “income”) and the percentage timeshare each parent has with the child. amount of time each parent spends with the child. In order to be able to get an accurate child support calculation, you need to do your homework:
1. Gather Your Financial Records:
You will need all documents containing information on your income, deductions, and tax information, such as:
Tax returns
Pay receipts for the last 2 months
W2’s or 1099’s (Schedule Cs and profit-loss statements if self-employed)
Disability or unemployment benefits
Monthly childcare expenses
Monthly health insurance premiums
Mandatory retirement and union dues contributions (if in a union or state employee)
Necessary job-related expenses not reimbursed by your employer
Spousal support paid in other relationships
Extraordinary health care expense
Child support paid for children of other relationships
2. Consult with an Experienced California Family Law Attorney.
Although there are free child support programs online, the calculations for child support can be complicated and the free programs are not always the most accurate. Virtually all family law attorneys in Orange County and in California should have one of the main child support software programs that are used by the courts, while allows them to give you more accurate calculations. Working with an experienced family law attorney will help better determine that you are paying or receiving the appropriate amount of child support.
3. Determine If You Are Eligible To Claim A Hardship Deduction
Generally a parent can claim a child from a different relationship as a hardship to lower their child support obligation if (1) The child is the natural or adopted child (i.e. not a steparent) of the party, and (2) the child eligible for a hardship deduction must reside with the parent.
4. Understand When You Can Seek a Modification of a Child Support Order
A child support order in California can be changed if there has been a substantial “change of cirsumstances” since the original support order was made. A change in circumstances can include:
The involuntary loss of a job;
Incarceration of a parent;
Upward or downward change in income;
Significant change in the amount of custodial timeshare that the child spends with each parent.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”
California has a child support guideline formula that is used in all cases to determine the proper amount of child support. Generally, the courts and all attorneys in California use one of 2 recognized computer programs based on the child support guideline formula called “Dissomaster” and “X-spouse.”
The factors considered in making child support orders are primarily the gross income of the parties and the amount of time each parent spends with the minor child. However, other factors that can be considered include any itemized deductions the parties can claim on their taxes, medical insurance premiums paid each month, and any mandatory retirement payments and union dues for individuals whose employment requires them to be part of a union and to contribute to a deferred compensation retirement plan (i.e. a pension).
In addition to the basic monthly child support, the court will generally also order that the parents equally share the costs of childcare expenses necessary for the custodial parent or both parents to work, as well as any medical, dental, and vision expenses for the minor child not covered or reimbursed by medical/dental/vision insurance.
Child support can also include expenses for the special needs of a child, such as tutors or other services, as well as the transportation costs for visitation of a parent.
Finally, the Court generally orders that both parents keep their child medically insured with medical insurance if it is available at no cost or at reasonable cost to both parents.
Child Support is generally paid until the minor child reaches the age of 18, or age 19 if they are still a full-time high school student at age 18, unless the minor child dies or becomes emancipated prior to becoming an adult.
Child Support orders can be modified if there is:
A significant increase or decrease in either parent’s income;
A change in custody or the amount of time the child spends with each parent; or
Any other change that would affect the child support guideline calculations.
For more information or to schedule a consultation, please contact California Divorce Mediators at (949) 553-0911 or at www.cadivorcemediators.com.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”
Gerald A. Maggio is a trained Irvine divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
If you are struggling to figure out how much you may owe in child support, there are a number of software programs available to help you. In California, there of the more well-known programs are Calsupport, Dissomaster, Xspouse, and SupporTax. Each of these can assist you in making your calculations.
Calsupport has been in existence since 1971, and is used often by legal professionals. It is user friendly, offers a guided tour, has easy navigation and their technical support is well regarded. Calsupport is certified by the California Judicial Council (as are all support calculators), which means you will receive accurate totals provided you used the right numbers when preparing your calculation.
Dissomaster has been in use for over 20 years, offering additional calculation options, such as debt division, spousal support, asset division and arrearage. Dissomaster also offers Propertizer, which helps those facing divorce a method to divide debts and marital assets.
SupporTax combines seven tools that include an asset divider, custody function and custody worksheet calendar, summary screen, judicial court forms, an hourly income calculator and child support reports.
Although many of these programs require a purchase, some also offer free trials to help you determine which one best suits your needs. Even lawyers use this software, which is constantly updated whenever the state legislature updates the formulas.
For more information or to schedule a consultation, contact California Divorce Mediators at (949) 553-0911 or at www.cadivorcemediators.com.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”
Gerald A. Maggio is a trained Irvine divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
The most common cases in the Orange County family law courts tend to involve married couples, i.e. husband and wives. There are, however, times when a case is a little different and is likely to involve single parents. The way the law in Orange County operates with respect to single parents can be a bit different from the way it works when dealing with married couples. In most states, the rights of the single parents, especially of the father, are a bare minimum unless they decide to ask for them.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters. 
Telling your children about a divorce will always be difficult. But the conversation also provides an opportunity for parents: the first chance to practice co-parenting together in the face of the split.
