What should divorcing couples with children consider first?
When there are kids from a marriage, their well-being is the first thought that comes up in the minds of divorcing couples. Here are some of the most frequently asked questions as far as California child support is concerned.
How is child support determined in California?
Child support in California is determined using a statewide guideline. The formula used is quite complex, so calculations are typically handled by an Orange County divorce attorney. These attorneys use specialized computer programs licensed by organizations offering legal research software. Factors considered in the calculation include both parents’ incomes, tax filing status, number of children from the marriage, each parent’s tax-deductible expenses, and the time each parent spends with the child.
Is there a limit to the amount a court can order a parent to pay for child support in California?
Unlike some other states, California does not impose a limit on the amount of child support. The calculation is based on the statewide guideline and is used in the majority of divorce cases. However, there are exceptional situations where a court may deviate from this guideline.
What if the calculated child support amount seems excessive?
California law states that a child is entitled to a lifestyle similar to that of their parents. Therefore, if the child support calculation significantly enhances the lifestyle of the lower-income parent, it is often upheld by a judge. However, if the calculated amount is excessively high and does not match the reasonable lifestyle of either parent, the court may decide to adjust the amount.
What happens if the child support amount supports the other parent as well as the child?
This situation can occur frequently. The law ensures that the child enjoys the lifestyle of the higher-earning parent. There have been cases where the receiving parent petitioned for additional housing and expenses when the child support amount was insufficient. This is especially common when one parent has a significantly higher income.
Which types of income are included in the child support calculation?
Income types considered in the calculation include cash flows from a business, income from investments, recurring interest, and employment salary.
Explore Virtual Divorce Mediation
For more efficient and accessible solutions, consider virtual divorce mediation or online divorce mediation. These options can provide a convenient way to navigate divorce proceedings, especially with the help of a qualified divorce attorney in California.
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 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.
