When can you seek to raise or lower child support after a divorce? California family law establishes a specific formula known as the guideline calculation of child support. Generally speaking, guideline child support is based upon several factors but primarily the income of each parent and the amount of time the child will spend with each party after the divorce. …
Child Support
Can The Court Order a Stay At Home Mom to Get a Job After a Divorce?
Can the Court order a stay at home mom to get a job after a divorce? What is a “Gavron Warning” and what impact can that have upon a spouse who hasn’t worked for several years or who stayed at home to care for the children? Generally speaking, California holds parents equally responsible for providing for their children after a…
Child Support is Statutory and Must be Considered in Every Case
In is important to understand child support is statutory and must be considered in every case involving children of divorce. The State of California family law code firmly establishes the responsibility of a legal parent to provide for their child(ren). California has established a complex child support guideline calculation which considers all sources of net income for both parents. The…
Can Child Support Be Based on More than Present Income?
Can child support be based on more than present income in a North County or Carlsbad 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 San Diego? California family law provides very specific guidelines and a complex formula for the calculation of child support. Carlsbad and North County 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…
How Does Remarriage Affect Child and Spousal Support Payments in Carlsbad and North County?
How does remarriage affect child and spousal support payments in Carlsbad and North County family law courts? What usually happens in these cases? Lets begin with the conversation regarding child support. California family law was modified in the early 1990’s to specify that the Court cannot consider the income of a new spouse or non-marital partner (i.e. living together) as…
Child’s Best Interest
I keep hearing that Carlsbad 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 “best…
What is Needed to Modify Child Support in North County San Diego?
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…
Can Former Spouses Agree to Waive Child Support in a San Diego Divorce?
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…
Filing Taxes after a Divorce can be Trickier than You Think
Just about everyone knows that getting a divorce is a complicated undertaking. So too can filing taxes after a divorce in Carlsbad. And while most people generally consider these two to be non sequiturs, some of our readers are quite familiar with the fact that these two coincide quite frequently and can compound frustrations. That’s because there are a lot…