Can Child Support Be Based on More than Present Income

Can Child Support Be Based on More than Present Income?

Pierre Domercq Child Support

Can child support be based on more than present income in a Carlsbad or North County divorce?  California family law establishes clear guidelines for the calculation of child support.  However, it is interesting to note that child support is not simply based upon present earnings for either spouse.  The Court is to look at each spouse’s ability to pay and …

How is Child Support Calculated in Carlsbad and North County

How is Child Support Calculated in Carlsbad and North County

Pierre Domercq Child Support

How is child support calculated in Carlsbad and North County San Diego?  California family law provides very specific guidelines and a complex formula for the calculation of child support.   North County and Carlsbad divorce cases require these calculations to be completed to the letter of the law. From that point forward, deviations can be negotiated based on numerous factors including …

Child's Best Interest

Child’s Best Interest

Pierre Domercq Child Support

I keep hearing that North County child custody orders are based upon whatever the Court determines is in our child’s best interest or the best interest of the children.  What does that mean?  Is the term Child’s best interest defined somewhere? There is no statutory definition of “best interest of the child.”  Cal. Rules of Court, rule 5.2 (b)(7) defines …

Needed to Modify Child Support in North County

What is Needed to Modify Child Support in North County San Diego?

Pierre Domercq Child Support

What elements are needed to modify child support in North County San Diego?  Our Family Law Courts will not simply accept every case or hear every request for modification of child support.  Child support orders are contained within the “Settlement Agreement” of your divorce paperwork.  In many cases, the specific verbiage in the agreement establishes the “Status Quo” for both …

Former Spouses Agree to Waive Child Support

Can Former Spouses Agree to Waive Child Support in a San Diego Divorce?

Pierre Domercq Child Support

Can former spouses agree to waive child support in a San Diego divorce?  If the couple has evenly split the assets and is sharing parenting responsibilities will that suffice? The short answer in most cases is simply “no.” California family law specifically addresses this issue.  Parents are not allowed to waive child support, and in some cases this can actually …

Calculating California “Guideline” Child Support

Pierre Domercq Child Support

How much will you be required to pay or receive in child support after a divorce in Carlsbad or anywhere in North County San Diego? What should you know about calculating California “Guideline” child support and why is this an important starting position in a divorce? In order to complete the information entry in the calculator you will need to …

Can Divorcing Spouses Agree to Deviate from California’s Child Support Calculations?

Pierre Domercq Child Support

We are often asked if the parties in a divorce can agree to deviate from the amount of child support resulting from California’s child support guideline calculator. Here in California child support is to be based upon the multiple factors contained within the “Guideline Child Support Calculator.” It may be possible for the couple to agree upon an amount which …

Can My Spouse Be Ordered to Pay Child Support During the Divorce?

Pierre Domercq Child Support

We are often asked “Can my spouse be ordered to pay child support?” during a North County or Carlsbad divorce? Yes, it is absolutely possible to obtain orders from our North County family law court regarding temporary child support as well as temporary spousal support in many cases. For example, if you have either been a stay-at-home parent or earn …

Can Child Support be Modified Post Divorce Decree?

Pierre Domercq Child Support

Most North County residents are overwhelmed by the legal questions, process and paperwork associated with the modification of child support after a divorce decree has been issued. This is why it is important to work with the experienced family law attorneys at Burke & Domercq, based in Carlsbad. Child support may be modified after the divorce decree is issued in …