Child support in San Diego is governed by legal guidelines
Child support in California is governed by a guideline that is regulated by our state legislators. The support that is required is based on the time spent with the children and on the amount of earnings of each parent. This means that if one parent has the children eighty percent of the time the support payment would take that in to consideration.
Here is what some parents miss when they negotiate child support: If the parents can agree on not abiding by the California guideline child support calculations the couple can agree to waive the guideline and agree to what ever amount can work for them. The caveat is that at anytime the parent can go to court and ask for the guideline support and it will be granted.
Here are a few things to keep in mind about child support:
- Child support is money that is presumed to be used for the child. The payer may not agree with how the funds are being used, but that isn’t his decision to make. The use of child support funds is at the discretion of the custodial parent.
- Even if the custodial parent earns more than the non-custodial parent does, child support payments will be ordered if the time share tips the scale.
- Child support often doesn’t include extra curricular activities. Extra curricular activities would include such things as little league, dance lessons, etc. If possible, both parents should contribute to these in addition to the court ordered child support. Often if there are specific, known extra expenses, their payment can be allocated in the divorce agreement.
- Child support is not taxable to the recipient nor is it deductible to the payer.
- Always make your child support payments on time, with pride in the knowledge that you are contributing to the support of your children.
- Wages garnished for child support, this is nothing to be ashamed of. It is such a common occurrence that there is no longer any stigma attached to it. Today most employers have direct deposit.
Do not involve your children. Your children should never know the amount of support that is to be paid. All discussions regarding support should be handled directly between the parents. Remember to keep the children ‘out of your battles.’
If child support payments are not made or not made promptly, do not interfere with the visitation rights of your ex-spouse. Support and visitation are separate issues, so don’t mix the two. It is not uncommon for me to hear from one of the parents, “My ex isn’t paying support, so I don’t think he/she should get to see the kids.” Or, conversely, “My ex won’t let me see the kids; so I’m going to stop paying support.” Either of these postures could land a parent in serious trouble, even in JAIL.
If you are ordered to pay support, pay it. Discussions around the water cooler are not usually helpful, but are not nearly as damaging as grumbling to the children. While the financial aspect of child support is important, it is equally important for the children to have the love and emotional support of both parents.
If we can help you at our Family Law Office Call Us at 619-235–4095 to schedule a consultation and scheduled a time to meet with Paul, so you can take the next steps
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