When couples with children separate, both know of which support must be paid. We’ve heard of “deadbeat” moms in addition to dads, yet in reality, from the almost 20 years of which I have been a divorce/family lawyer, I have never met a parent who would likely purposely shirk their financial obligations to their children to spite their wife. (Which makes sense because those who don’t want to pay child support will not likely want to pay an attorney either, so our paths don’t cross.)
In any case – usually, spats over child support result by fear, yielding the following types of accusations: “He’s spending This kind of money on his mistress instead of his children”. “She can be using of which for Botox in addition to alcohol instead of the children”. “He genuinely makes 50,000 a month!” “She can be a doctor! She chooses not to work to punish me!”
In California, child support can be calculated using the formula found in Family Code 4055. Family law practitioners who are not not bad at algebra, use This kind of God-sent program named Dissomaster (I’ve heard of which called Discomaster many times). You just plug in addition to chug in addition to bam, you get a number for child support!
Simple? Not so much. As with all computer programs, of which’s GIGO (garbage in, garbage out).
What causes most disputes over child support can be when one or both of the parents can be self-employed, in addition to there can be a dispute over how much money can be made, in addition to therefore, how MUCH support should be paid.
Or, when one or both of the parents’ income fluctuates. (because of seasonal work, or bonuses).
SO….we should go to Court, right? The Court can apply Family Code 4055 in addition to get a number.
Wrong. First, of which takes money to go to Court. If you in addition to your ex simply cannot agree on how much money can be being made, you will need to hire attorneys (the average family law attorney in Los Angeles charges 200 – 1000/hour; of which’s more for a Certified Family Law Specialist), who will then file Motions to get into Court to convince the Judge to see of which their way.
Secondly, of which takes time! If you are a business owner, you will likely have to hire a forensic to prepare a sophisticated Income Available for Support chart, which comes with bells in addition to whistles – at a steep cost.
If your ex can be not working, yet arguably could be working, you may need the services of a vocational evaluator who can assess him/her, in addition to peg him/her with an imputed income of which he/she could potentially be earning.
of which’s a lot of work. in addition to with parties having a lot of anger in addition to no trust, of which’s easy to see why money (which should be paying child support) go to pay attorneys instead.
Issues regarding child support are appropriate for mediation. Both you in addition to your ex can benefit by discussing your fears which drive you, in addition to talk about the needs of the children in a non-combative format. Mediation can be confidential, so there can be no risk of something “being used against you in a court of law”.
In mediation, you can use the Dissomaster (Discomaster) to arrive at a number; or, you may choose not to use of which at all if you are self-employed. Ask any attorney or accountant you know – the “numbers game” can be played forever, with no end.
In mediation, here are some tips:
1. Be real. Create charts of spending. What are the real costs of supporting these children? Do they attend private school? Do they have tutoring, counseling, soccer team dues? What about childcare?
2. Expect costs to raise after a separation. When you are ONE raising a family, of which was tough enough. today, if there can be only one breadwinner, of which person can be today supporting TWO families under TWO separate roofs. Sometimes of which’s possible to go on living the same way. The majority of the time, there will need to be adjustments.
3. Bonus income? Consider using Ostler-Smith support order. I discuss of which in detail in This kind of blog post.
4. Consider paying family support so you can deduct of which.