Negotiated Child Support a Better Option for Many Couples

Pierre Domercq Child Support

The experienced divorce attorneys at Burke & Domercq have extensive expertise in negotiations that help to lower costs by reducing litigation while preserving a better working relationship between the parties.
As a seasoned mediator, Daniel Burke can tell you from experience that negotiated child support provides a better solution for many Carlsbad and North County couples who are working through a divorce.
California law provides “guideline support” calculations that provide a basis for determining child support based upon several metrics. It is possible to deviate from this method if the parties are in a agreement and can justify their solution to the court.
Why is a negotiated settlement a better option? The first reason is the likelihood of success after the divorce is completed. Parties that participate in determining solutions are much more likely to follow them once orders are issued by the Judge.
California’s child support calculations do not factor in many other important issues such as private education and extracurricular activities such as sports and the arts. These are considered to be “discretionary child support add-ons” that a Judge may or may not consider as part of their child support orders.
Negotiated settlements may recognize the importance to the couple of maintaining established routines such as private education, religious practices, participation in sports and the arts and other expensive extra-curricular activities that are important to the child.
Income for one of the parties may be sporadic based upon commissions or bonus payments. Child support payments may be customized to reflect these realities and provide a workable solution that benefits both parties while recognizing the natural rhythms in the life of the family.
In other cases a party may be provided a greater share of community property to offset the payment of child support. Child support may be combined with spousal support into a tax deductable “family support” payment for the payor. This may also allow for a greater net check to the person receiving payment after taxes.
Each situation is unique, and many parties wish to deviate from California’s guideline child support in order to reach a better solution for their own lives. The experienced child support attorneys at Burke & Domercq can help you to work through these negotiations, and provide the justification required by law for the Judge to document and approve the requested deviation.
We invite you to contact us or call 760-712-3741 to schedule an appointment with one of our family law lawyers.