The Truth Behind Child & Spousal Support Calculations : Uncontested California Divorce

When going through a divorce, many couples are unsure about how to calculate child and spousal support. Some may turn to their advisor for assistance, but not all advisors are willing to get involved with the numbers. However, there are some who are willing to help with the calculations and provide guidance on settlement discussions.

It’s important to note that the calculated number is not necessarily what a court would order if the case went to trial. It’s simply a reference based on the state guideline algorithm. Other factors, such as additional debt, may also need to be considered. Ultimately, the decision on the amount of support to be paid is up to the clients, and the calculated number can be used as a starting point for discussion.

Key Takeaways

• Advisors can provide guidance on child and spousal support calculations and settlement discussions.
• The calculated number is a reference based on the state guideline algorithm and may not reflect what a court would order.
• Other factors, such as additional debt, may need to be considered when determining the amount of support to be paid.

Understanding Client Needs

Each each client has unique needs when it comes to divorce settlements. Some clients come to the us with an agreed-upon amount of child support or spousal support, while others have no idea what the amount should be. We offer assistance with the disso-master or calculations to help clients determine a reference point for support.

However, the we emphasize that the calculated number is not the law and may not even be what a court would order if the case went to trial. It is merely a suggestion based on the state guideline algorithm. Other factors, such as additional debt, may not be taken into consideration.

The firm advises clients to use the calculated number as a starting point for discussion. Clients can choose to go higher or lower than the calculated amount. The firm encourages clients to handle each issue as part of an overall global settlement discussion, rather than separately.

In summary, the firm recognizes that each client has unique needs and offers assistance with calculations to help clients determine a reference point for support. However, the firm emphasizes that the calculated number is not the law and should be used as a starting point for discussion.

Role of the Advisor

The advisor’s role is to assist clients in determining the appropriate amount of child support or spousal support. The advisor does not make the ultimate decision, but rather provides clients with a diso master calculation, which is a reference to the state guideline on what the algorithm suggests support should be.

Many clients come to the advisor with an agreed-upon amount of support, while others have no idea what it should be. In the latter case, the advisor will run calculations and provide the clients with a starting point for the discussion. However, the advisor notes that the calculated number may not be what a court would order in a trial, as it does not take into consideration other factors such as additional debt.

Overall, the advisor’s role is to provide clients with information and guidance, but the ultimate decision lies with the clients themselves.

Child and Spousal Support Calculations

Many clients come to the law firm with an agreed-upon amount of child or spousal support, while others have no idea what the amount should be. In the latter case, the firm can run calculations using a “diso master” algorithm as a reference for what the state guidelines suggest support should be. However, it’s important to note that this calculation may not reflect what a court would order in a trial and does not take into consideration other factors such as additional debt.

The calculated number can be used as a starting point for discussion, but ultimately the clients must make the ultimate decision on the amount of support. The firm advises clients to use the calculated number as part of their overall global settlement discussion rather than handling each issue separately. Clients can choose to go higher or lower than the calculated amount, but it’s recommended to use it as a reference for discussion.

Client Decision Making

The speaker explains that some clients come to them with an agreed-upon amount of child support or spousal support, regardless of what the diso master calculation reflects. Other clients come to them with no idea what the support should be, and in that case, the speaker will run the calculations and tell them what the algorithm suggests support should be. However, the speaker emphasizes that the calculated number is not the law and may not even be what a court would order if the case went to trial. It is merely a reference point for the clients to use as a starting point for their discussion.

The speaker advises clients to use the calculated number as part of their overall global settlement and to handle each issue separately. The speaker notes that the diso master calculation does not take into consideration other factors, such as the spouse paying spousal support taking on additional debt. Therefore, the clients should use the calculated number as a starting point for the discussion and adjust it as necessary based on their unique circumstances.

Consideration of Additional Factors

When it comes to determining child support or spousal support payments, there are many factors to consider beyond the Disso Master calculation. While the Disso Master provides a guideline based on state algorithms, it does not take into account individual circumstances that may affect the final decision.

For example, if one spouse is taking on additional debt, this may be a factor in determining the appropriate level of support payments. Other factors such as the division of assets, custody arrangements, and income disparities may also need to be taken into consideration.

However, many clients come to the law firm with an agreed-upon amount of support payments already in place, regardless of what the Disso Master calculation suggests. In these cases, the Disso Master calculation may be used as a starting point for the discussion, but the final decision rests with the clients.

If a client is unsure about what level of support payments is appropriate, the law firm can run calculations using the Disso Master algorithm to provide a reference point. However, it is important to remember that these calculations are not the law and may not reflect what a court would order in a trial.

Overall, it is important to handle each issue separately and consider all relevant factors when determining support payments. The Disso Master calculation can be a useful tool, but it should not be the only factor considered in the decision-making process.

Guidance on Settlement Discussions

When it comes to settlement discussions, it is important to have a starting point for the discussion. Many clients come to us with an agreed-upon amount of either child support or spousal support, while others have no idea what it should be. In the latter case, we can help by running calculations using the Disso Master algorithm as a reference for the state guideline on what support should be. However, it is important to note that this calculation does not take into consideration other factors, such as additional debt or expenses.

Clients can use the calculated number as a starting point for the discussion, but they are ultimately the ones who will make the final decision. It is recommended to handle each issue separately and use the calculated number as part of the overall global settlement. It is also important to keep in mind that this calculation may not reflect what a court would order if the case went to trial.

Overall, it is important to approach settlement discussions with a willingness to be amicable and to come to an agreement that works for both parties. By using the Disso Master algorithm as a reference and considering all relevant factors, clients can make informed decisions and reach a fair settlement.

After a divorce is finalized, it is possible to change the terms of the agreement through a stipulation. This is an agreement made between the parties involved in the divorce that modifies the judgment. The stipulation can change any term of the agreement, such as spousal support, child support, custody, or property division.

The process of modifying the judgment through a stipulation is simple and can be done amicably. The parties involved in the divorce can agree on the changes they want to make, and a stipulation is drafted to reflect the modifications. The stipulation is then signed by both parties and filed with the court. The court will review the stipulation and, if approved, will issue a new court order reflecting the changes.

The stipulation process is usually completed within a few hours or a day, and the cost is minimal, usually around $20. However, the time it takes for the court to approve the stipulation can vary depending on the county. For example, San Diego County may take up to three months, while Los Angeles County can take about a week because they allow e-filing.

If the parties involved in the divorce cannot agree on the modifications, then a request for order must be filed, and the case will enter the court system. This process can take up to two months before a court hearing is scheduled.

It is important to note that not all modifications require a new court order. Parties should carefully consider whether a new court order is necessary before proceeding with a stipulation or request for order.

Despite what some may think, there is no such thing as a “simple divorce.” Even in cases where there are no assets, debts, or children involved, the divorce process can still be tricky and complex. One small mistake on a form or document can cause the entire judgment to be rejected, leading to even more time and frustration.

Clients have reported spending years trying to complete their divorce on their own, only to eventually hire a service like divorce661.com to take over and finalize the paperwork. While there are resources available on YouTube and other platforms to help guide individuals through the process, it is important to recognize the potential pitfalls and challenges that can arise.

One common misconception is that modifying terms of the divorce agreement after it has been finalized is a simple process. While it can be done through a stipulation agreement, it still requires careful consideration and legal expertise to ensure that all necessary steps are taken and the agreement is properly modified.

Overall, it is important to approach the divorce process with a realistic understanding of its complexities and potential challenges, and seek out professional assistance when necessary.

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When Is The Divorce Agreement Binding

When does the divorce agreement you sign become binding and enforceable?

It is important to know because when parties enter into a written agreement like we do with our amicable clients they want to know say Tim if we agree to say pay out monies at a certain time when can or should I do that in the future?

You’ve signed the settlement agreement, we’ve submitted it to court and maybe it’s taking a couple weeks a couple months for the court to approve.

So what’s happening during that time frame? Let’s say that you have paid out those monies during that time frame before the court actually signed the paperwork –  do you have an enforceable court order yet?

First, let’s talk about what is not an official court order non-binding and unenforceable by the court.  Handshake deals, notarized agreements,  let’s say you guys sat down and on a piece of paper wrote up a contract or agreement regarding some terms of your divorce, went into a notary and had it signed.

That is not enforceable through the family courts.  Written agreements not sent in as a court order meaning you have an agreement even on paper like a handshake deal or even on actual court forms or a marital settlement agreement drafted up but not sent in and not signed by the judge, it’s not enforceable yet.

So essentially any agreements reached between the parties during the divorce has to be submitted to the court as a formal order and not until it’s signed by the judge is it enforceable.

So what we recommend is if you are going to have some monies changing hand and there’s some concern that there might be someone going back on the agreement after they received that agreement or received those monies or the effect of whatever the agreement was, what we recommend you do and what we do in many cases is we will state that whatever the agreement is the monies will be paid upon time signature of the judge and that way you do have an official court order that’s enforceable and binding at that time.

Co Ownership Of House After Divorce

Are you going through a divorce but don’t want to sell your house right away what do you do?

Something that continues to come up recently because of what’s going on with interest rates going into the six and seven percent and people wanting to sell their house during a divorce which normally isn’t an issue.

If you’re going to re-buy then there’s issues with you know getting a new interest rate on a new home or with the prices of homes being reduced because of the interest rates.

So we’ve had several clients and we’re in what are we January here 2023 and over the last I’d say six or eight months it’s become almost a daily topic with clients who have a home want to sell but they can’t quite get the price they want to get on the home because they’ve come down significantly due to the interest rates rising.

And they want to know well what can we do? What are our options? So it is possible to co-own your home post divorce in the settlement agreement?

We simply would indicate what it is you guys are agreeing to do if you guys have a number that you you guys want to hit as far as selling and that is the the goal post for selling it and you say, hey we want to keep the house for six months a year two years or whenever we can sell it for a certain amount.

That could be something we could put in this settlement agreement. It can be very specific like that or you can simply say we’ll meet and confer on an annual basis or every six months to discuss the sale of the home to see you know talk to the realtor and see what we can get for the home and see if it’s the right time to sell.

There’s nothing wrong with doing that. The only thing you guys would want to discuss is are you guys going to rent it out or Airbnb it who is what are you going to continue to live in it during that time and how’s that going to work out financially and when you do sell it how will the proceeds be split at that time.

And just keep in mind that you know you guys are going to want to discuss when that point is and have some end goal in the settlement agreement to say when it hits this point or this happens or that happens this is when we’re going to sell foreign