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San Diego Child Support Divorce Mediator

As if a divorce isn't stressful enough, when a child/ren are involved, things can become even more stressful. Child support and divorce is a very hotly contested subject for couples, while each side is working out the issues, the child will always play a role in the discussions.  When A Fair Way Mediation is involved, most couples are able to come to an agreement that benefits ALL parties involved, always keeping the kids in mind.  With over 3 decades of experience, we have helped many couples throughout San Diego County with child support issues when going through a divorce.

For a free consultation, please fill out our "Start Evaluation" form or give us a call!

760-227-5090

Understanding California Child Support Laws


In California, when parents separate both are expected to provide support for their children.  When it comes to child support, the laws include:  housing, utilities, food, extra-curricular activities, medical and many other subjects that could involve the children.  In most cases, 1 parentprovides these needs by directly paying bills and in others, a parent may pay a moentary amount in support of the child.  Most often, the parent wh spends the least amount of physical time with a child pays financial child support to the other parent.  However, the court will consider many factors  when determining child support.  

California has a "Income Shares Model" that seeks to provide children of separated parents with a living situation that would exist if their parents were still together.  If both parents have equal incomes and the children spend an equal amount of time with each parent, then child support would be 0.  However, if 1 parent make more than the other parent and children spend more time with 1 parent more than the other, the court may make a child support payment order to provide a balanced living situation.

As you can tell, it is very complex and you never know how a judge will decide.  This is why mediation is great, it puts the childs future back in your hands.  

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 or both parents are unemployed, or if they are voluntarily underemployed, then the courts may impute an amount of income on them.  If a parent is underemployed or making less than they could, the court may review recent work history to determine an amount to impute on them.  (VERY COMPLEX STUFF).

For a free consultation, please fill out our "Start Evaluation" form or give us a call!

760-227-5090

Divorce Mediation Questions

How much is divorce mediation compared to divorce litigation?down-arrow

Many couples turn to divorce mediation as opposed to litigation because of costs. Generally, the average cost of a mediated divorce is $3500 - $7000 (depending on the complexity of the case). With lawyers, the costs can easily exceed $25,000+ (per person).

How long after mediation is divorce final in California?down-arrow

On average, the divorce is finalized within a few months with the courts. The timeline is based on a variety of factors including the complexity of the issues involved in the divorce, the court’s caseload, and whether it’s contested or uncontested. Once the agreement has been reached, the divorce mediator will prepare the final paperwork to be filed with the court.

Do I have to go to court with divorce mediation?down-arrow

No. This is another primary reason couples choose mediation over litigation. All discussions will be settled out of court, once the agreement has been made you will simply submit the final paperwork to the courts which your divorce mediator will prepare. Discussions in mediation are kept private, when the case ends up in court it becomes a public record.

In a California divorce, what issues can divorce mediation cover?down-arrow

An experienced divorce mediation firm can cover a wide range of issues related to a divorce including: Division of Property: mediation helps couples divide their marital property, including debts and assets that have been acquired during the marriage. Child Support: through discussions, mediation can assist in determining the amount of spousal support to be paid to one spouse or the other. Spousal Support: can help determine the amount and duration of spousal support payments (if any). Retirement Accounts: mediation also helps couples divide their retirement accounts and pensions. Debt: divorce mediation can assist couples in resolving issues related to marital debt (credit cards, loans, mortgages). Business Partnerships: mediation can also help divide any business interests that have been acquired during the marriage. Pet Mediation: while not as known, mediation can also help with pet custody and support during the divorce process.

What is the difference detween divorce collaborative divorce and mediation?down-arrow

Collaborate divorce and mediation are both methods that can be used in place of a traditional litigated divorce. Each methods helps couples come to a mutual agreement and avoid court. There are a few key differences between the 2 alternatives. Collaborative Divorce: Is a process where each spouse hires their own “collaboratively” trained attorney to work with them and a team of professionals, attorneys and therapists, for example. Mediation: this is the process where a neutral 3rd party (the mediator), works with both spouses to facilitate discussions and ultimately reach a final agreement. Mediators do not represent either party, they help couples identify the issues and generate options for a peaceful resolution. Key Difference: In a collaborative divorce, both parties may have their own team of professionals who work with them to find resolutions. Whereas, a trained mediator doesn’t have a team of professionals and can handle all of the aspects of the divorce.

How is child support determined in a divorce case?down-arrow

Within the State of California, child support is based on a statewide guideline formulate that takes in a few different factors. Each Spouses Income: the formulate considers each parent’s income from all sources, including salary, wages, bonuses, commissions, and investments. Custody Agreement: this is the amount of time that the child or children spends with each parent (timeshare). In general, the more a parent spends with the child or children the less support they are required to pay. Childcare Expenses: if either parent pays for childcare expenses, such as daycare, those expenses are factored in to the child support calculations. Health Insurance: if 1 parent provides health insurance coverage for the child, the cost of that is factored in to the support calculation. Miscellaneous Expenses: other expenses that may be considered in the calculation include educational needs or special needs, transportation costs, or any other expenses.

What are the benefits of divorce mediation?down-arrow

There are a variety of benefits to divorce mediation as opposed to litigation, here are just a few. Overall Costs: in comparison to litigation, mediation is much less expensive. The average cost of a mediated divorce is around $3500 - $7,000, the cost of a litigated divorce can easily exceed $25,000+ with lawyer fees and court costs. Less Stress: divorce mediation is designed to provide a peaceful environment to work out the issues, minimizing the level of conflict between the parties. More Control: with divorce mediation couples have control over the outcome of the divorce. They work together to come to an agreeable settlement that meets the unique needs and circumstances of their situation as opposed to a judge making the final decision. Quicker Process: the average time for divorce mediation from start to finish is around 3-8 weeks depending on the complexity of the case and the couples ability to communication.

Do we have to meet in person or can we mediate online or phone?down-arrow

No. You do not have to meet in person. Discussions can be done over the phone or via online video chats such as Zoom or Skype.

How do I start the divorce process?down-arrow

With divorce mediation, since mediators act as a neutral 3rd party and does not represent either spouse, it’s recommended to discuss with your spouse before exploring options. We offer a free 30 minute consultation to answer any questions you may have while also gathering information as to how we can help!

What is pet mediation and How does this work in a divorce?down-arrow

While it may seem odd to many, pets are members of the family, and just like any other issues that need to be discussed, pet mediation in a divorce discusses custody and visitation of the pets. Learn More About Pet Mediation

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