Child Support Divorce Process

A divorce is a potentially long and difficult process. For those with children, one of the major points of conflict during the split includes whether child support payments are necessary or not. If it is determined that child support payments are necessary, a set amount will be decided. This amount is based on the fact that both courts and parents will want to ensure that a divorce does not take a tremendous financial toll on the children involved.

The San Diego child support lawyers at Fischer & Van Thiel, LLP, provide dedicated help for their clients. As experienced attorneys in child support cases, we can help you understand how a fair child support agreement may be reached. Contact us today at 858-935-6211 for answers to your child support questions.

Helping Maintain & Enforce Child Support

Even though a child support agreement has been reached, the amount of the payments may be subject to change in the future. The San Diego child support attorneys of Fischer & Van Thiel, LLP, can help you with the following issues that may arise after an initial child support agreement is reached:

  • Modifications to Support Agreements
  • Enforcing Support Agreements

Determining child support amounts can be difficult and, unfortunately, can be an ongoing process. It is important that you build a personal relationship with your divorce attorney in order to deal with any continuous issues that may arise involving child support payments.

Calculating Child Support

One of the most difficult aspects of a divorce is making sure your children are adequately cared for despite the turmoil they’ve undergone. Child support is the financial obligation you as a parent may be required to pay in order to ensure the safe and responsible upbringing your children deserve. You may be curious about the different factors the court takes into consideration when determining how to award child support.

The State of California has very specific guidelines its courts use when determining the amount of child support to award. The following are different factors that play a part in calculating this amount:

  • The gross incomes of both parents. The courts need to know how much each parent makes in order to determine how much each parent should be financially obligated to support the child.
  • The amount of time the child will spend with each parent. The parent with less time with the children may be expected to pay more in child support.
  • Any tax deductions each parent can claim.
  • Payroll deductions that each parent is required to make, such as health care or labor union dues.
  • The respective amounts each parent pays in child care costs.

The courts will then apply a series of formulas to this raw data to determine which parent will be obligated to pay child support, and how much money that parent will be expected to pay. These guidelines are used to ensure that child support is both provided when necessary and uniformly levied throughout the state.

Child Support General Responsibilities

A parent’s responsibility for their child does not end with the termination of a marriage. If one parent has been granted primary custody by a court, the other may be required to provide financial support for the child’s well-being. Child support payments may be used for:

  •   Basic needs (food, clothing)
  •   Medical needs
  •   Living expenses
  •   Education
  •   Childcare

What the payments will cover is determined by California law. How much those payments will be can be based upon:

  •  Parent’s income
  •  Amount of time each parent spends with the child
  •  Childcare expenses
  •  Mortgage payments
  •  Tax filing status

Proper legal guidance will serve as an invaluable asset for the parent needing representation in matters involving support. Each parent is responsible for providing the necessary information about their financial and living situations. Their attorneys can then negotiate certain aspects of the support contract. These negotiations differ based upon the precise details of the custody arrangement.

Helpful Links

  •  The Relationship Between Child Visitation And Child Support
  •  Decreasing Child Support
  •  Enforcement Of Child Support
  •  Child Support In Divorce
  •  Child Support Agreements Modifications
  •  Child Support During Bankruptcy
  •  The Increase In Child Support Readjustment
  •  Calculating Child Support