Legal Question in Family Law in California
Hi. Me and my wife of 4 years are getting divorced. We have one child together and I have one child from a previous relationship. Me and the mother of my other child have always shared custody 50/50 (one week with me one week with her) without ever getting the courts involved since we were never married and it worked just fine for both of us. Now with the courts being involved in our divorce, my soon to be ex-wife has agreed to let me have our son 50/50 meaning the same week I have my daughter I can have my son. Am I still mandated by the courts to pay child support? Even though we will both have the same amount of time together? I make 75k a year and she works part time making 12k a year... Thanks
1 Answer from Attorneys
Yes you will wind up paying some child support. Child support is based on time and income run through a formula in a computer program called DissoMaster. It calculates an amount you are supposed to spend on your child each month and sort of converts that to a daily rate. Then it assumes you spend that on the days the child is with you and calculates you owe that amount on the days the child is not with you. Then it takes the other person's income and time and makes the same calculation. Whomever owes the larger amount pays the difference to the other person. So at 95% custody to you, she would probably owe you some support but at 50/50 with you making so much more, you are certain to owe her some payment. You can, however, ask for a "find work" order that she make documented efforts to move from part time to full time work. If she fails to make documented efforts to find full time work you can then ask that support be recalculated going forward at a rate based on what she should be earning. If she does try to find full time work, you can have support recalculated once she finds full time work.