how income affects child support in California

How Is Child Support Calculated In California | Divorce661.Com

How Is Child Support Calculated In California?

In California there are two factors that affect child support.  That is timeshare and income.

We discussed the timeshare factor in this article => Do You Pay Child Support If 50/50 Custody<=

A higher amount of income generally can lead to an increase in child support if your income is higher than your spouses.

But, if you are the lower income earner it has the effect lowering the amount of child support you would receive.

So it really just depends on if you are the paying spouse or the receiving spouse of child support.

You can watch the below video on how this works.

In the video above we show how the child support calculator / dissomaster program works when changing incomes and timeshare percentages.
Keep in mind that the calculation of child support represents what California deems to be the “guideline” amount.
If you have an amicable divorce in California, you can agree to more, less or no child support.
And YES, you can have no child support if both parties agree to it.
We do that all the time for our amicable clients.
How Child Support Is Calculated In Amicable Divorce Cases
Keep in mind that we are talking about amicable divorce cases when we are discussing how child support is calculated.
And we are using a child support calculator for the determination of child support only.
If you are going to court for the judge to order child support, many other factors can be involved in the courts determination of an amount of child support.
They can look at other factors like, daycare, out of pocket medical expenses, and a host of other financial issues in determining what amount of child support would be in the best interest of the minor child or children.
Let Us Help

If you have an amicable divorce case in California we can assist you with your divorce.

We serve all courts in California and work with both spouses to finalize your divorce based upon what YOU and your SPOUSE want, not what the court wants to impose on you.

CAN PARENTS AGREE TO WAIVE CALIFORNIA CHILD SUPPORT

Can Parents Agree To Waive California Child Support

Can Parents Agree To Waive California Child Support?

Can parents agree to waive California child support?  That is the questions we are going to answer in this article.

I wanted to title this article, “How Parties Can Agree To Waive Child Support” or “How To Avoid Paying Child Support in California”, but didn’t want to send the wrong message.

I am going to show you how we effectively obtain ZERO child support orders for our amicable divorce clients in California.

I will be quoting some writings from attorneys as examples and perhaps a family code section here or there, but I want to make clear that this is not legal advice and I am not interpreting the law.

What I am going to do is explain to you how for the last 10 years we have gotten our amicable divorce clients a child support order as  that shows NO child support on their divorce judgment in California.

You Can’t Waive Child Support In California

I want to start off by saying that it is clear you can’t waive child support.  This can be learned by the many attorney written blog posts and the family code sections they cite such as California Family Code 4001.

Again, I only bring up the code section so we can see what it talks about in regards to child support.

Lets break it down.

Section 4001 says;

In any proceeding where there is at issue the support of a minor child or a child for whom support is authorized under Section 3901 or 3910, the court may order either or both parents to pay an amount necessary for the support of the child

In Any Proceeding For Child Support

So the first word that stands out to me is the word, “proceeding“.

Yes, even an amicable divorce is a proceeding.  But I think what they are discussing here is a court proceeding.

As in one party requested a hearing on the issue of child support asking the court to make an order.

When you have an amicable case you don’t go to court.

So technically there is no official request for child support nor a proceeding on the issue of child support.

Any Issue Of Support For Minor Child

The second word that stand out is “Issue

There are common definitions and then there are legal definitions where a word can mean different things.  In the legal sense, Cornell Law School defines “Issue” as, “In general, any point in dispute between different parties”

So let me ask you this – If you and your spouse agree that there will be no child support, then it would not appear to be an issue as there is no dispute regarding child support, right?

So now we’ve discussed that in an amicable divorce case there is no proceeding and there is no issue regarding child support.

So far I think we are in the clear.

Defining the word “waive” child support

It seems everyone is focused on this word, “WAIVE

We know you can’t WAIVE child support, so how are we getting our clients child support orders that say ZERO when the child support calculator says there should be child support?

Below is a quote from a blog post from the Law Firm of Furman & Zavatsky (just to give credit where credit is due)

The fact is, however, that in the State of California neither parent can waive his or her responsibility to pay child support because child support is considered to be the child’s right and to be in his or her best interest. Put simply, foregoing child support does not serve children’s best interests

Okay, again it has been made clear that you can’t waive child support.

So the only thing that makes sense if we are having our clients have child support orders that show ZERO, that they are not effectively waiving child support.

So what is going on here.

And again, I am not talking about the law or offering an opinion. My goal is to explain this in a procedural fashion as opposed to a legal one.

See, my amicable clients don’t care about the how or why – they just don’t want an official child support order as part of their divorce settlement agreements in many cases.

Waive His Or Her Responsibility To Pay Child Support

Did you catch that nuance? It just didn’t say waive child support. It said waive his or her RESPONSIBILITY to pay child support.

Our clients are not saying they don’t want to be responsible for child support.  They are not saying they are not going to pay child support. They are not saying they are not going to contribute to their minor child or children.

All they are saying is they don’t want an official court order for child support as part of their overall California divorce judgment.

How Then Do We Get Our Clients Judgments With No Child Support?

Okay, let’s recap quickly.

When you are amicable and agree to no child support;

  • There is no proceeding or hearing on child support
  • There is no issue
  • You are not waiving child support
  • You are not waiving your responsibility to contribute

I think what you are doing is saying you are adults and are responsible and don’t need an official child support order in order for you both to take care of your children financially despite going through a divorce.

The Needs Of The Children Will Be Adequately Meet

When we complete the California divorce judgment and attach a child support order, this is the language that is used in the non-guideline child support findings attachment.

So there you have it.

While you can’t waive child support, you and your spouse can agree to a non-guideline amount of child support, including zero child support, if the needs of the children will be adequately met.

What does this mean?

That you and your spouse will continue to be financially responsible for them, despite an official court order for child support.

Let us help you

Do you have an amicable divorce case in California?  Let us assist you with handling your divorce case anywhere and for any court in California.

do you pay child support with 50/50 custody

Do You Pay Child Support With 50/50 Custody In California | Divorce661.Com

Do You Pay Child Support With 50/50 Custody In California

There are several factors that determine whether you will pay child support with 50/50 custody.

The two main elements are timeshare and custody.

So here is how this works.

If your incomes are the same and you have 50/50 custody, the child support calculated will be very close to zero.

It is not exactly zero on the child support calculator (dissomaster) because one spouse is assigned the tax deduction.

See video below for explanation.

The other factor is income.  Even if you have 50/50 joint custody, if one spouse has more or less income, this is going to effect the amount of child support.

What If We Agree To No Child Support with 50/50 timeshare?

Many of our clients do not want child support as part of their California divorce case.

But we have to provide the court the child support dissomaster calculation to show the court what child support should be.

So how do the client get away with not having to have a child support order in their divorce?

By agreeing to it.

If you know what you are doing it really is quite simple.  This is despite the fact that child support is mandatory in California.

I guess you could call it a loophole for lack of a better word.

How We Get Our Clients A No Child Support Order

We provide the court the calculation and show what child support shows. Then we tell the court the parties agree to a lesser amount which is usually zero.

We provide additional language to the court that explains how the child support agreed upon is in the best interest of the minor child.

We also attach an additional document to the FL-342 Child Support order called the Non-Guideline child support attachment.

We’ve done this for more than 10 years and never had an issue having our child support orders changed from the calculated amount on the dissomaster to either a higher, lower or no child support.

Let Divorce661 Assist You With Your Amicable Divorce In California

If you have an amicable divorce anywhere in California, we can assist you with your amicable divorce.

Don’t get caught up in the divorce courts telling you what you have to do.

Our clients get exactly what they want, because they are in full agreement.

You just have to know how to package up the divorce judgment properly.

 

child support calculator Los Angeles

Child Support Calculator Los Angeles | Divorce661.Com

Child Support Calculator Los Angeles

In this article we discuss how the child support calculator works.  This is also referred to as a “Dissomaster”

Why “Dissomaster”?

All I can tell you is that the word “Disso” is short for dissolution and everyone in the legal industry refers to any child support or spousal support calculation as a “Dissomaster”

When Is A Child Support Calculator Needed

A dissomaster or child support calculator is needed in many cases.

First, whenever you are submitting a divorce judgment to court you have to attach a child support calculation.

The court needs to see the income of the parties and the timeshare and the resulting amount of child support that should be ordered under what is called “Guideline”.  Guideline is just is just referring to the calculation result itself.

Second, a child support calculator or Dissomaster is needed when you want to see what child support might be if you were to go to court.

We provide a child support calculation to our clients so they can see what the court may order for child support.

Then they can decide on their own how much child support they want to agree to.  The court does not get involved in making a decision on the amount of child support if the parties agree.

Even if this amount is more or less than the guideline amount of child support that was calculated.

What If You Want No Child Support?

Many of our clients do not want child support as part of their divorce.

Our clients will say something like, “We have an easy divorce, neither of us want child support”

The interesting thing about that is that if they went to court to do their own divorce the court would enforce child support from one party to the other.

So how do we obtain no child support for our clients?

It’s asking for what’s called a non-guideline child support order.

Here Is How It Works

If you have an amicable divorce and you and your spouse agree to it, you can have zero child support as part of your judgment.

Even though child support is mandatory in California, you are allowed to stipulate or agree that despite the child support calculator showing a guideline amount of child support to be paid, that you want it to be zero or some other amount.

Do You Have An Amicable Divorce?

If you have an amicable divorce you and your spouse get to call all the shots and make all the decisions.

At Divorce661.com  we will package up your agreements with whatever terms you want.  Again, so long as you both agree to them, we can write up pretty much anything.

You just have to know how to write it up properly.

We have a lot of clients that come to us after they tried to do their own divorce and found the court forcing them to make decisions they didn’t really want to do.

If you find yourself in this situation please give us a call.

We handle amicable divorce cases anywhere in California.

santa clarita veterans day 2022 divorce661

Thanks To All Veterans From A Veteran Family | Divorce661.Com

Here at the Blankenship household we celebrated not only the Marine Corps birthday on November 10th, but today we also celebrate Veteran’s Day.

We come from a long line of Veterans that served.

My father and my grandfather both served in the Army.

I served in the Marine corps from 90-98 and my son is currently in the Marine Corps.

In the past we’ve gone camping on Veterans day weekend.  We’d usually take our motorhome down to Camp Pendleton. Can’t beat the ocean front views or the price.

I was really glad when the started allowing Disabled Veterans such as myself access to the base a few years ago, including the campgrounds.

This year we stayed home.  And obviously working.

But my son and I did carve out some time to honor our Veterans by completing the CrossFit Hero WOD honoring Chad Wilkinson.  This involves 1000 box steps wearing a 45 pound ruck.

Anyways, it was fun to get a workout in with my son on Veterans day.

Any extra time we can sneak in with our son we’ll take.

Hoping you are also enjoying your Veterans Day.

how do i file for divorce when both parties agree in santa clarita

How Do I File For Divorce When Both Parties Agree In Santa Clarita?

How Do I File For Divorce When Both Parties Agree In Santa Clarita?

There are different ways to file for divorce.   When both parties agree to their divorce and when you don’t.

There are several benefits to being in agreement with your spouse when deciding to file for divorce in Santa Clarita

CHOOSE US A NETURAL 3RD PARTY

When both parties agree to their divorce and the terms of their divorce the best option is to use a neutral third party to handle your divorce case.

If you are in agreement it makes no sense for each of you to obtain different divorce service providers.

This will just cause problems and add to your cost unnecessarily.

At Divorce661, we work with both parties in every divorce case.  We charge a single flat fee that covers both parties and the entire divorce process from beginning to end.

NO ATTORNEY OR COURT REQUIRED

Divorce attorneys are only needed when you and your spouse do not agree and when you think you may be headed to court.

They are also good when you just want to get some legal advice.

But if you agree to the terms of your divorce there is no court requirement.  You will never see a judge or even step foot into court when you use our Santa Clarita divorce service.

FINALIZE YOUR SANTA CLARITA DIVORCE FASTER

Another benefit is how fast we can finalize your divorce.  Depending on how far along you are on reaching an agreement, really dictates how fast we can complete your divorce.

Some clients call us and already have discussed the terms of their divorce.  In these cases, we can complete all their divorce paperwork and court fling within a few days.

Some clients have only discussed the fact that want to remain amicable and intend on reaching an agreement out of court and without the need for attorneys.

In these cases, the divorce process only takes as long as it takes for our clients to advise us of the terms of their agreement.

Still, we are taking maybe a few weeks. Never months.

The 6 month cooling off period still applies.  But we are having our clients’ divorce cases completed and finalized by the court in less than 3 months usually.

This means the court has approved it and the divorce case is done.  Then what the court does is post date the effectiveness of the dissolution of marriage out to the 6 month mark.

Think of it as a pre-approval of the divorce just pending the date of divorce to pass.

In any case our clients are happy to have their paperwork completed in a few days vs. stretching it out over months.

HOW OUR PROCESS WORKS

As mentioned earlier we work with both clients. We handle all the preparation and filing of all court documents.

The only requirement for our clients is that they provide us with the information we need to put them through the divorce process.

Some of our clients have a full agreement in place.  Some need to discuss it.

Others need a little bit more information from us as far as what are their options which we are able to provide so they can then make a decision.

 

San Diego North County Divorce Court Judgment

San Diego North County Judgment Processing Timelines

San Diego North County Judgment Processing Timelines

This article is specifically discussing the San Diego North County judgment processing timelines we are currently seeing.

We handle divorce cases anywhere in California. And in doing so we are able to keep up to date with various court processing timelines.

And we try to publish this information for our clients and the public to have an understanding of some of the court delays we are currently seeing.

Our last few divorce judgments that we submitted to San Diego’s North County divorce court all took about 4 months once the court received it.

We are usually submitting our divorce judgments well in advance of the 6 month cooling off period. So the result of this 4 month delay is not causing our clients divorce cases to extend much, if at all, beyond the 6 month mark.

With out divorce service we usually have our clients divorce case wrapped up in a few days to a week or so.

It is a good thing that we do as this allows for any lengthy court delay which varies by County.

6 Months Is The Soonest Your Divorce Can Finalize

The 6 months is just the soonest your California divorce can be finalized.  It is not a deadline by any means.  And the divorce process can go well over the 6 months.

That does not usually happen with our clients.  As I mentioned, we usually have the divorce paperwork done in a few days or weeks.

This allows us to submit the judgment for review and not cause any delays beyond the 6 months.

How We Process Our Divorce Cases Faster

People wonder how we are able to process divorce cases so fast.

The answer is that we don’t spread the different stages of the divorce process over several months.

Instead we do everything all at once.  We do this so our clients don’t have to go back and forth with over time.

They are able to focus on their divorce case and end up working with us for just a short period of time.

affordable divorce santa clarita

Affordable Divorce Service In Santa Clarita

Affordable Divorce Service In Santa Clarita

If you are looking for an affordable divorce service in Santa Clarita, you have come to the write place.

If you have an amicable divorce in Santa Clarita there really is no reason to use a divorce attorney.

We get calls all the time where people had already hired a divorce attorney for their amicable divorce.  Only to spend several $1,000’s of dollars, and what’s worse, not have their divorce finalized.

We’ve even had client come to us who paid $2,000 and all that occurred was to have their Petition filed!

You are better off using an affordable divorce service in Santa Clarita if you’re divorce case is amicable and both parties are cooperative and in full agreement.

DIVORCE ATTORNEY RETAINERS

The fee structure most divorce attorney’s use is a retainer system.  This “Retainer” is just the initial deposit.  Then, the attorneys bill their time against the retainer at their regular hourly rate.

This can be as high as $500 per hour or higher.

How a divorce attorney determined their retainer fee can vary.

Most attorneys will simply charge the norm or what is customer in their area. For instance, if most divorce attorneys in the area are charging $5,000, they will likely do the same.

Others may provide a low-ball retainer amount simply to ease the pain of initially hiring them.  But just know, that this is not your total cost.

Whatever the strategy of the divorce attorney is, just know that if they go over the amount of the retainer, you will we asked to pay additional fees.

HOW OUR FLAT FEE DIVORCE SERVICE WORKS

With Divorce661, we use a flat fee system.  We believe this is the fairest way for both our clients and us.

Having done this since 2012, we know about how much time is going to be spent on an individual divorce case.  Some a little longer time and others a little less.

But it all works out in the end.

What our clients enjoy (if there is anything enjoyable about going through a divorce) is that they know their total cost up front.

We’ve never gone back to a client for additional money.

With our flat fee system, this makes us an affordable divorce service in Santa Clarita.

BUT I’VE ALREADY RETAINED AN ATTORNEY FOR MY AMICABLE DIVORCE

We hear this a lot.  We have people calling all the time that have already hired an attorney.

There is usually two issues why they are calling us.

One, they used up all of the retainer and now the attorney won’t perform any more work.

Or Two, they attorney is no longer getting back to them or finalizing their case. (This usually has something to do with reason number 1.)

If you find yourself in this situation we can help.  You can always substitute our your divorce attorney.

You are not stuck with them.

And we do this all the time.  We simply take over your case and wrap everything up.

Usually in just a few days.

Please give us a call if you need help with your affordable divorce in Santa Clarita.  Whether you have an attorney or were trying to do your own divorce, we can help.

We handle cases anywhere in California and offer free consultations so give us a call anytime.

We are located at

Divorce661 – 27240 Turnberry Lane, Ste. 200 Valencia, CA 91355

Santa Clarita Divorce Process

Santa Clarita Divorce Process Explained

Santa Clarita Divorce Process Explained

Is the the Santa Clarita divorce process confusing? Sure.  Can it be made simple in plain English?  Absolutely.

That’s what we do here at Divorce661.  We turn the complicated divorce process into an easily understandable process.

You see, when you have an amicable divorce in Santa Clarita, the process is entirely different.  We are all used to hearing the horror stories about divorce and how they can take years.

With our clients we are talking about days or weeks at the most.

Here is an example of how we completed a divorce in 1 day.

Don’t get me wrong.  A Santa Clarita  divorce process can still be a nightmare. Especially if you are trying to do your own divorce.

I mean, can you do it?  Sure, possibly, it depends.  Do some people get through the process?

Yes. Some Do.  But most do not.

How do we know this?  Because half our business is helping those that tried to do their own Santa Clarita Divorce.

And I understand why you would want to try to do your own divorce.

It is either to save money or because you think your divorce will be easy because you are in agreement.

And you would think the process would be easy if you are in agreement.

COMPLICATED EVEN IF AMICABLE

It is still complicated.  It is a court of law with specific rules that have to be followed.

Are you trying to save money by doing your own divorce?  Watch this short video where I explain that you will pay with either your time (doing your own paperwork) or your money (hiring us to have it done professionally)

Here is the video => Doing You Own Divorce Is Not Free <=

Below is the vide where we discuss the Santa Clarita Divorce process.

We are explaining it as it would occur with an amicable divorce.

When you use our service we don’t break the divorce process into separate pieces.  We complete the entire divorce process in a single step.

Give us a call if you would like assistance with your divorce in Santa Clarita.  We serve all divorce courts in California.

 

Divorce661 is located in Santa Clarita, CA and serves all the courts in California.

California divorce petition mistakes Santa Clarita

Divorce Petition Mistakes To Avoid In California

Divorce Petition Mistakes To Avoid In California

I created a video series you can find below that discusses the top petition mistakes people make when filing their own divorce. It is a compilation of 17 videos that are just 15 seconds each.

The Petition is one of the first forms you will prepare when filing your California divorce.

AMENDING YOUR DIVORCE PETITION CAUSES DELAYS

It is critical that you not make these mistakes on your petition.  While you do get one chance to amend your divorce petition, doing so cause a delay on when your divorce can be finalized.

Not to mention, if you amend to your divorce petition you also have to have it re-served and are essentially starting the process again.

And then you have the problem of correctly preparing the proof of service of amended summons and petition which always trips people up.

What a lot of people don’t understand when they file the petition is that the clerk is not there to make sure you prepared it correctly. They will simply take your money and stamp your petition leaving you to think you prepared it correctly.

The paperwork you prepare for your divorce is not ever reviewed until you turn in your judgment.

This is when people will usually have their judgment rejected.  Many times it is because of how or what they included in the  petition.

50% OF OUR BUSSINES IS CORRECTING JUDGMENTS

A lot of our business in from clients that had their judgment rejected. We always make sure we review all documents previously filed.  This includes the Petition.

We cannot assume that the petition or other documents were prepared correctly.  It would be very likely that the judgment would get rejected as well.

At least half the time we do a review of a judgment rejection we are having to amend the petition. This results in us usually having to start at beginning of the divorce case.

If you would like assistance with your divorce or if you have had your California divorce judgment rejected please give us a call.

We can assist you in finalizing your California divorce case.