Legal Question in Family Law in California
Child Support
Hello, I am going through a Divorce. We have 2 sons, ages 3 and 1. As of right now I am paying 900 dollars per month for child support, which i have been told is more then i should be paying, but there is no child support order yet, and I would rather be paying to much rather than not enough. my question is that I am getting both of my sons for the entire month of July. it is my impression that I do not have to pay child support for the children if I have them for longer then 30 days. Am I wrong in this or is this correct. thank you for all your help.
--name removed--Mcintire
3 Answers from Attorneys
Re: Child Support
Because there are no support orders in effect, you are not obligated to pay anything. However, this is your child and you have shown yourself to be a responsible parent by voluntarily paying support and there would be no reason to stop payments.
You should be advised that the mandated guideline support, which is calculated using a mathematical formula taking numerous factors into account, also takes into account the amount of time that the secondary custodian will have with the child and calculates a monthly payment based upon a 12-month schedule.
If you don't already have an attorney representing you, you would be well advised to seek counsel to assist you in the divorce - the legal fees may be money well spent.
Regards, Damian Nolan
Re: Child Support
There is no real good answer to your questions. If you talk to an experienced family law attorney he can give you a real good idea of what a judge will order with respect to child support. It appears that it would be in your best interest to get a child sharing and support order in place. I would suggest that you contact an attorney to get this process started. Good Luck, Pat McCrary
Re: Child Support
When child support is set using the state mandated child support program the amount of time the child is with each parent is taken into account. Thus child support would be paid each month. Since you are not following the computer calculated child support schedule whether or not you have to pay support during July would depend upon the agreement.