When it comes to child support issues and questions, they all need to stay within the rules of California Divorce Law. Child support can be very tricky and it can also create the most friction, anxiety, and anger towards each other in a divorce situation! A Fair Way Mediation is trained to help you with child support issues involved with a divorce. We will work on behalf of both partys as the 3rd party mediator to allow each side to communicate their needs and wishes without having to let a judge decide in the courts.
Not only do child support issues have to deal within each other, but we also have to keep the children in mind through the process. We will make sure the child support issue is resolved and the process can actually help the family communicate better well in to the future!
If you have any questions, please fill out our Ask the Mediator form and we will get back to you! Or give us a call!
Understanding California Child Support Laws
In California, when parents decide to part ways, both are expected to provide support for their child or children. Child support may include food, utilities, medical, housing, extra-curricular activities and any other things that may arise in regards to the child. One parent may provide for things usch as the bills while the other may agree to pay a monetary amount in support of that child. In most cases, the parent who spends the least amount of physical time with the child will end up paying the financial suport. However, the court will discuss and consider various factors when determining child support.
There is a shared income model that California uses in determing child support, aptly named "Income Shares Model", that seeks to provide the children of separated parents that would seek to provide the children with a living situation that would be the same as if the parents were together. If both parents have an equal income, and the parents each spend an equal amount of time with the children, then child support would be 0. In most cases, if one parent earns more than the other and the children spend more time with 1 parent, then the courts may decide to make child support in balance of the parent that earns less. But this is not set in stone.
At A Fair Way Mediation we take in to account California child support laws in the discussions and try and let parents know what may or may not happen. But ultimately, you both will be allowed to settle on an agreement without having a judge analyze your finances and ultimately make a decision.
What Does Income Include?
When considering income, the court will calculate the amount that you make each month. Your income will include the following:
Wages
Salary
Commissions
Overtime pay
Bonuses
Tips
Self-employment income
Income from businesses, partnerships, or corporations
Workers’ comp benefits
Unemployment income
Disability benefits
Pensions and retirement amounts
Annuity payments
Social Security income
Rental income
Interests and dividends
If 1 parent or both parents are not employed, or if voluntarily unemploed, the court may figure out the income they would be earning if employed. In rare cases, if an individua is underemployed and the courts decide they could earn more, they may also determine that as a factor.
Can I Still See My Children If I Don’t Pay Child Support?
Child support and visitation are two separate issues. If you fail to pay child support on time, the other parent cannot withhold your children from visiting you. If you have questions about your parental rights, you should talk to a child support mediator right away. Even if you are behind on your child support payments, you have a right to see your children.