Zero Child Support Order: Navigating Your Divorce Judgment in California | California Divorce

Posted by Tim Blankenship on

Zero Child Support Order: Navigating Your Divorce Judgment in California

Understanding the Basics of Child Support in Divorce

When navigating a divorce in California, one of the most significant discussions revolves around child support. In many cases, couples agree that no child support is necessary, even when calculations suggest otherwise. This situation leads us to a specific process known as a non-guideline request for child support. Understanding how to prepare your divorce judgment correctly when you and your spouse agree on no child support is essential for a smooth divorce process.

What is a Non-Guideline Request for Child Support?

A non-guideline request for child support is a legal request made during divorce proceedings when both parents agree that child support should not be ordered, despite calculations indicating that there should be an obligation. This scenario is relatively common among amicable divorces where both parties are willing to take care of their children without the necessity of a court order.

Preparing the Necessary Forms

To submit your judgment when you and your spouse agree on no child support, you will need to prepare specific forms, primarily the FL-180 and FL-342. The FL-180 serves as your cover sheet for the divorce, while the FL-342 is the official child support order form.

Step 1: Understanding the FL-180

When preparing the FL-180, which is crucial for your divorce judgment, it’s important to indicate that you are attaching the FL-342. Here’s how to do it:

  • Check the box indicating that you are attaching the FL-342.
  • Include a statement that a printout of a computer calculation and findings is attached.

This step ensures that the court understands you are formally addressing child support, even though you are requesting none.

Step 2: Completing the FL-342

Filling out the FL-342 correctly is vital. Here’s how to navigate this form:

  • Mark the box indicating that there is no child support due to either party.
  • Provide a start date for the child support order, even if it’s zero.
  • Include the child’s name and date of birth.
  • Clearly state zero as the amount of child support due.

It’s crucial to fill out these sections to avoid any rejection from the court.

Using the Dissomaster Calculation

One of the critical components of submitting your judgment is the Dissomaster calculation. This is a computer program used in California to calculate child support obligations based on various factors such as income, expenses, and custody arrangements. Even if you are requesting no child support, you must run this calculation and attach the results to your FL-342.

How to Obtain Your Dissomaster Calculation

To obtain a Dissomaster calculation, you can use the California Child Support Services website. Here’s how to do it:

This report is required to be attached to your judgment, demonstrating the guideline amount that should have been ordered.

Non-Guideline Order and Its Importance

When you are submitting a request for no child support, you will also need to include the FL-342A, which is the non-guideline child support order attachment. This form indicates that both parties have agreed on the terms and that the standard calculations do not apply in this case.

Steps to Complete the Non-Guideline Order

To complete the FL-342A, follow these steps:

  • Mark that this is an attachment to both the FL-342 and FL-180.
  • State that the child support agreed by the parties is below the statewide child support guidelines.
  • Provide the calculated guideline amount for reference.
  • Indicate that the revised amount of child support is zero.

This form is crucial as it shows the court that both parents are aware of their rights regarding child support and have mutually decided on the terms.

Filing Additional Required Documents

When children are involved in a divorce, the court requires specific additional documentation. One of the most important forms is the FL-150, which is the Income and Expense Declaration.

Do You Need to File the FL-150?

If there are minor children and no response was filed in your divorce case, both parties must submit the FL-150 as part of the judgment package. Here’s what you need to know:

  • If the divorce is uncontested and both parties have filed responses, you may not need to file the FL-150 in some cases.
  • However, be cautious, as some courts may still require it, regardless of the status of the responses.
  • Always check with the court or your attorney to ensure compliance with local rules.

Common Questions and Answers

Throughout the process of preparing your divorce judgment, you may have questions. Here are some common inquiries regarding child support and divorce in California:

1. What if my spouse doesn’t agree to no child support?

Both parties must agree to request no child support. If your spouse does not agree, the court will likely order child support based on the Dissomaster calculation.

2. Can I still pay for my child’s expenses without a court order?

Yes! Just because there is no official child support order does not mean you cannot provide for your child’s needs directly. Many parents continue to support their children financially without a formal agreement.

3. What happens if circumstances change after the divorce?

If financial situations change, either party can request a modification to the child support order. It’s essential to keep communication open and document any changes in circumstances.

Conclusion: Navigating Your Divorce with Confidence

Going through a divorce can be overwhelming, especially when it involves children and financial obligations. Understanding how to navigate the process of submitting a judgment with no child support is crucial for a successful outcome. By following the steps outlined in this guide, you can ensure that your divorce process is as smooth as possible. Remember, always consult with a legal professional to ensure you meet all requirements and protect your rights.

For more information and resources, feel free to reach out or explore additional content on our site. We’re here to help you through every step of your divorce journey.

How to Prepare a Child Support Order When No Child Support is Requested in California | California Divorce

Posted by Tim Blankenship on

 

How to Prepare a Child Support Order When No Child Support is Requested in California

Understanding how to navigate the complexities of divorce, particularly when children are involved, can be daunting. If you’re someone who doesn’t want child support as part of your divorce proceedings in California, you’re not alone. Many individuals find themselves in a similar situation, and it’s important to know that child support is mandatory in California. However, there is a way to structure your case to reflect a zero child support order. Let’s dive into how to do this effectively.

Mandatory Child Support in California

First, let’s clarify the law. In California, child support is not optional; it’s required by law. This means that even if both parents agree not to request child support, the court still needs to have a record of child support in the divorce documents. The challenge arises when parents want to ensure that the child support figure is zero.

Many people have approached me over the years with the same question: “Can we handle everything outside of court and not have a child support order?” The answer is yes, but it requires careful preparation and specific forms. This blog will guide you through the process of preparing a child support order when no child support is requested.

Understanding the FL 342 Form

To begin, you’ll need to fill out the FL 342 form, which is the Child Support Order Attachment. This form is crucial even if you do not want child support. It needs to be completed accurately to reflect that both parties agree that no child support will be paid.

When filling out the FL 342, you’ll want to mark it as an attachment to the FL 180 form. This is the standard form for a judgment in a divorce case. Here’s how to proceed:

Step-by-Step Guide to Completing the FL 342

  • DissoMaster Printout: First and foremost, you need a DissoMaster printout. This is a court calculation tool that provides the basis for child support calculations in California. If you’re using the services of California Divorce Tutor, you can request a free DissoMaster calculation. This printout must show zero child support due.
  • Mark the Correct Boxes: On the FL 342, mark the appropriate box to indicate that this document is an attachment to the FL 180. You can skip many sections if your DissoMaster includes the required data, including income and number of children.
  • Child Support Section: In section six, mark the child support box. It’s essential to indicate that there will be no payment of child support. Fill in the child’s name and date of birth as per usual.
  • Indicate Zero Support: Write zero in the section for support amounts. Then state that no child support is due from either party. Be sure to check the box that indicates this is per the DissoMaster calculation.
  • Healthcare Expenses: Even if you’re not ordering child support, you should still consider healthcare expenses. Indicate how these will be managed between both parties.
  • Page 3 Details: On page three, refer to number 11 and indicate that you will attach the FL 342 form. This is where you’ll provide a specific declaration stating that neither party is obligated to pay child support at this time.

The Importance of a Specific Declaration

When requesting a zero child support order, it’s not enough to just fill out the FL 342. You also need to include a specific declaration that outlines the custodial arrangement and financial status of both parties.

This declaration essentially states that both parents have been informed of their rights regarding child support. You can find a template for this declaration by searching for MC-025 online. Copy and paste the relevant language into your document, making sure to reference it correctly on your FL 342.

Without this declaration, the court may not approve your zero child support order. This is a critical step that cannot be overlooked.

Finalizing Your Judgment Package

Once you have completed the FL 342 and the declaration, you’ll need to compile these documents into your judgment package. Make sure everything is organized and that you have the necessary copies of all forms. This is essential for filing with the court.

The final step is to ensure you email me with the information needed to prepare your DissoMaster. This is a vital part of your documentation and must be included in your submission to the court.

Key Takeaways

Preparing a child support order when no child support is requested in California can seem overwhelming, but it’s entirely manageable if you follow the steps outlined above:

  • Understand that child support is mandatory in California.
  • Fill out the FL 342 form as an attachment to the FL 180.
  • Obtain a DissoMaster printout showing zero support.
  • Include the necessary declarations and language to ensure approval.
  • Compile all documents into a judgment package for court submission.

By following these guidelines, you can successfully navigate the divorce process without the added burden of child support payments. Remember, it’s crucial to be thorough and precise in your documentation to ensure that your wishes are respected by the court.

If you have any questions or need further assistance, feel free to reach out. I’m here to help you through this process.

Tim Blankenship with Divorce661.com and California Divorce Tutor, wishing you the best in your journey ahead.

 

A Guide to Navigating Divorce with Kids: Avoiding Common Mistakes | Los Angeles Divorce

Posted by Tim Blankenship on

 

A Guide to Navigating Divorce with Kids: Avoiding Common Mistakes

Divorce can be a daunting experience, especially when children are involved. The stakes are incredibly high, and the decisions made during this process can have lasting impacts on your child’s well-being. This blog post will delve into essential considerations for parents going through a divorce, focusing on legal custody, physical custody, child support, and the importance of a detailed parenting plan. We’ll highlight common pitfalls and how to avoid them, ensuring a smoother transition for your family.

Understanding Legal and Physical Custody

When parents divorce, one of the first things they need to address is custody. There are two main types of custody to consider: legal custody and physical custody.

Legal Custody

Legal custody refers to the right to make significant decisions about your child’s upbringing, including education, healthcare, and religious training. In most cases, parents share joint legal custody, allowing both parties to participate in these crucial decisions. However, it’s essential to clarify this in your divorce paperwork to avoid future conflicts.

Physical Custody

Physical custody determines where the child lives. Options include 50/50 custody arrangements or one parent having primary residence with the other having visitation rights. The arrangement that works best for your family will depend on various factors, including work schedules, proximity, and the child’s needs.

The Importance of a Detailed Parenting Plan

A well-structured parenting plan is vital for successful co-parenting. It outlines the custody arrangement, visitation schedules, and decision-making responsibilities. A vague plan can lead to misunderstandings and disputes, as one client learned when their initial submission was rejected due to lack of clarity.

Common Pitfalls in Parenting Plans

  • Vagueness: A parenting plan must be specific. Courts require clear schedules and guidelines for decision-making. If your plan is too vague, it may be rejected.
  • Failure to Update: Life circumstances change. It’s essential to revisit and update your parenting plan as necessary to reflect changes in your or your child’s life.
  • Lack of Communication: Open communication between co-parents is crucial. Regular discussions about the child’s needs can prevent misunderstandings.

Child Support Considerations in California

Child support is another critical aspect of divorce involving children. In California, child support is calculated based on several factors, including:

  • Parent Income: The income of both parents plays a significant role in determining support amounts.
  • Custody Timeshare: The amount of time each parent spends with the child impacts support calculations.
  • Childcare and Medical Costs: Any additional costs related to childcare or medical expenses are factored into the support calculation.

Importance of Court Approval

Even if both parents agree on child support, it must be approved by the court to be legally binding. This emphasizes the importance of proper documentation. Failing to have an agreement documented correctly can lead to delays and complications down the line.

How Divorce661 Can Help

At Divorce661, we understand the complexities involved in filing for divorce, especially when children are involved. Here’s how we can assist you:

  • Correct Form Preparation: We ensure all forms are filled out correctly the first time to avoid court rejections.
  • Legally Sound Agreements: Our team crafts fair and legally sound custody and support agreements tailored to your family’s needs.
  • Remote Filing: We handle all filings remotely, meaning you won’t need to appear in court, simplifying the process for you.
  • Focus on Family Well-Being: Our goal is to keep the process simple, fast, and stress-free, prioritizing your family’s well-being.

Final Thoughts

Going through a divorce with kids is undoubtedly challenging, but it doesn’t have to be a painful process. By understanding the intricacies of legal and physical custody, the significance of a detailed parenting plan, and the nuances of child support, you can navigate this journey more smoothly. Remember, prioritizing your children’s well-being is paramount, and with the right support, a smooth, amicable divorce is achievable.

If you’re in need of assistance with filing for divorce with kids, don’t hesitate to contact Divorce661 for a free consultation. Let’s work together to ensure your case is handled correctly from the start!

What concerns do you have about child custody and divorce? Let us know in the comments below, and let’s discuss it together!

 

Child Custody & Support in Divorce: What Every Parent Needs to Know | Los Angeles Divorce

Posted by Tim Blankenship on

 

Child Custody & Support in Divorce: What Every Parent Needs to Know

Divorce is never easy, especially when children are involved. The stakes are higher, and navigating through child custody and support can be daunting. Parents need to understand the complexities of legal and physical custody, as well as the intricacies of child support calculations. This guide will break down everything you need to know to make informed decisions during this challenging time.

Understanding Child Custody

When it comes to child custody, there are two main types to consider: legal custody and physical custody. Each serves a different purpose and understanding them is crucial for any parent going through a divorce.

Legal Custody

Legal custody involves making important decisions about your child’s life. This includes decisions regarding education, health care, and religious upbringing. Parents with legal custody have the right to make these decisions on behalf of their children.

Physical Custody

Physical custody, on the other hand, refers to where the child will live. Most parents opt for joint custody, where children spend significant time with both parents, but each situation is unique. Determining physical custody can be particularly challenging when parents have conflicting work schedules.

The Importance of a Parenting Plan

A detailed parenting plan is essential to avoid future conflicts. This plan should outline custody schedules, holiday arrangements, and communication rules between parents. We once assisted a client in revising a vague parenting plan for court approval, ensuring clarity and compliance with legal expectations.

Courts often require specific language in parenting plans to prevent misunderstandings. By outlining clear guidelines, parents can ensure smoother transitions and reduce disputes, ultimately benefiting the child’s well-being.

Child Support in California

Child support is another critical aspect of divorce when children are involved. In California, child support is calculated using a statewide formula that considers several factors, including:

  • Each parent’s income
  • The amount of time each parent spends with the child
  • Health care costs related to the child

Even if parents agree on a child support amount, the court must still approve this agreement to ensure it meets legal standards. We had a case where a couple agreed on no child support, but the court required justification for this arrangement. By documenting their financial setup properly, we ensured the court’s approval.

Why Preparation is Key

Thorough preparation is vital for a smooth divorce process. The more prepared you are, the less stressful the experience will be for both you and your children. Avoiding court battles helps maintain civility and effective co-parenting, which is crucial for the children’s emotional health.

Real Client Case: Success Without Court Battles

We have seen firsthand how important it is to navigate custody and support issues without lengthy court battles. In one case, we helped parents finalize custody and support arrangements amicably, which allowed them to focus on their children’s well-being instead of contentious legal disputes.

How Divorce661 Can Help

At Divorce661, we specialize in helping parents navigate the complexities of divorce with children. Our approach is simple and stress-free. By choosing Divorce661, you ensure a seamless divorce process tailored to your family’s needs.

Need help filing for divorce with children? Don’t hesitate to contact us for a free consultation. Let us assist you in navigating this challenging time with ease and confidence.

Final Thoughts

Divorce with children can be overwhelming, but understanding the key components of child custody and support can make the process smoother. Remember, the focus should always be on the children’s best interests, and having a solid plan in place is essential. Whether it’s creating a detailed parenting plan or ensuring child support agreements are legally sound, being proactive can lead to a healthier family dynamic post-divorce.

 

How To Modify Your Child Support & Spousal Support

Posted by Tim Blankenship on

How To Modify Your Child Support & Spousal Support

Hi, Tim Blankenship here with divorce661.com with today’s divorce661 tip of the day. So if you are going to modify child support or spouse support keep in mind that the court has the ability to make changes.

They retain jurisdiction over the issue of support, both child support and spousal support in most cases and that allows you if there is a change in circumstances to ask the court to make modifications to support.

For instance, if you have an increase or decrease in income wither you are the payer or the receiving spouse of support, you have 2 options. You can either petition the court to ask the court to modify support based on the change in circumstances.

In this case we’re talking about income, or, what I 1st tell my clients is if you guys are still on good terms to speak to your spouse. Let the other spouse know about the change in circumstances as far as income, let me run some numbers regarding child support and spouse support, and if you guys agree to those numbers all I have to do is draft a stipulation.

You can avoid court. It takes a couple days to draft this document. There’s no court involved. There’s a small filing fee of 20 dollars with the court. I draft a document, you guys sign it and you’re done. As opposed to going to court, filing a motion, having the other person served, going to the hearing and having the judge make the order.

I did a longer video about this called stipulate versus litigate, meaning come to an agreement as opposed to going to court. I hope you enjoyed today’s divorce661 tip of the day. Tim Blankenship, with divorce661.com. Have a great day.

Waiving Child Support : California Divorce & Child Support

Posted by Tim Blankenship on

Waiving Child Support : California Divorce & Child Support

Hi, Tim Blankenship here with divorce661.com. In this video we are going to address the question if child support can be waived in a California divorce. The question is can you waive child support in a divorce.

Let me set up the scenario for you. Let’s assume that you’re going through a divorce and the other spouse is not participating and you don’t want to pay or receive child support for one reason or another.

When that happens what I sometimes see people do when they’re trying to do their own divorce is they will put in their judgment, their divorce judgment, final paperwork you turn into the court, and they’ll say no child support requested. You can’t do that. You can ask for there not to be child support but you cannot say no child support.

The courts going to want to know based on incomes of the parties what the child support should be. What the guideline amount should be. Now, you can get away with not having child support, but there’s a specific way to do that, and that way is to have the jurisdiction reserved over the issue of child support.

So while you can’t say no child support, you can say the court will retain jurisdiction for future determination over child support, and that’s the way you can get out of paying for child support.

I’m going to do another video as well, probably right behind this one to explain to you how you can ask for a ZERO support order even though child support may be ordered in a certain amount normally, based on income and time share. So make sure to watch that.

So just real quick recap, no you cannot waive child support. There has to be an order for support or you have to ask the court to retain jurisdiction over the issue of child support for your judgment to be approved on that issue. Tim Blankenship, divorce 661.com. If you have any questions just give me a call or you can go to my website for more information at divorce661.com. Thanks for watching.

California Child Support Modification : Stipulation To Modify Child Support

Posted by Tim Blankenship on

California Child Support Modification : Stipulation To Modify Child Support

This article and video discusses child support modification in California. The topics covered are:

  1. What a stipulation of child support is
  2. What a modification of child support is
  3. Easiest way to modify child support
  4. Modifying Income Withholding Order
  5. Costs of Modifying child support via agreement
  6. How long the process of modifying child support takes

Below is the video and transcript.

Hi, Tim Blankenship here with divorce661.com and in this video, we’re talking about modifying child support and the easiest way of going about that.

I had a call yesterday, someone wanted me to run some numbers and by the way what we do is we take a look at the income of the parties, of the timeshare between the children and then punch in the income of the parties to determine what child support would look like and this is based on the court’s DissoMaster software, which we utilize.

So I got call and he said Tim I want to look at modifying the child support, we simply plugged in the information into the DissoMaster calculation and got the new number and it’s easy when the parties agree to modify child support and we talk to all of our clients about this, once we do have a current order, say the divorce is final, if they ever want to change the amount or see if the amount has changed.

I just need to know the income so I can run the report and see if it needs to be modified and the easiest way to modify it is through a stipulation.

A stipulation just means agreement and all I do is draft a 3 to 4 page written document that basically modifies the current order for support and indicates how much it will be, on what date it will be changed and for what children it’s in regards too.

It’s pretty straightforward, it takes me just a hour or so to prepare the document, there’s no court involved, there is just a 20 dollar court filing fee, to file it with the court and it usually takes a couple of weeks to get that filed and if you have an attached income withholding order to your child support.

We would also need to prepare either a termination order or an amended income withholding order so we can get both the stipulation signed by the judge as well as the income withholding order, changing the amount so we can get that to your employer if money is being taken out directly of your check, we can do that all simultaneously.

So, Tim Blankenship divorce661.com give me a call if you have any questions, need help with your divorce in California. Thanks so much for watching.

child support, spousal support

Modify Support For California Divorce? Run A Dissomaster First | Divorce661

Posted by Tim Blankenship on

Modify Support For California Divorce? Run A Dissomaster First | Divorce661

I get a lot of calls where people want to modify child support or modify spousal support for their California divorce.

This is all fine and well, but the first thing you want to do is make sure it is going to end up in your favor.

What I have found is that people just assume that by filing a motion to modify child support or spousal support that they will receive more or less in support based upon their gut feeling. Maybe they found out their spouse is earning more now and assume they should get more in support.

There are several things you have to consider, and while I won’t get into everything, I will provide a few examples.

Let’s say you have been receiving support for a few years both in child support and spousal support. Let’s assume that you come to learn that your spouse is now earning more money and thus your rationale for requesting more support.

Now in many cases, this would be simple and the justification for the request for additional support is based on a change in circumstances, that being one of the parties is earning more income.

But some other factors you need to look at is how has your income changed. As it has been several years, has your income gone up as well? When you ask for more in child support, will you spouse take that opportunity to ask for more custody and thus also affect the amount of support you receive or pay?

These are just some of the additional things you need to look at in addition to just how much income each of you receive.

And as I stated in the video above, at least 50% of the time when we run the numbers we learn that support would go down (for those who wanted to raise it) and go up ( for those trying to lower it)

I am happy to spend a few minutes on the phone with you to go over your situation to see if it would make sense to file a motion to modify child support and / or spousal support.

Santa Clarita Divorce | Calculating Child Support With Multiple Children Schedules

Posted by Tim Blankenship on

When you are going through a divorce in California, you are going to have to come up with some child support numbers if you have children.  The basic premise is that you use the court’s dissomaster software ( you won’t have access, but you will as our client) and punch in the income of the parties and the time share percentages.

It looks like this.

Dissomaster Example
Dissomaster Example

Generally it is pretty easy to figure out. You decide who has the kids what percentage of time and punch in the incomes of the parties and the the software spits out a number. The timeshare percentages are also usually pretty easy to figure out. It usually goes something like this;

There are 3 children and they are all with mom 80 percent of the time. Pretty strait forward.

But how about this scenario;

There are 3 kids and 2 of the kids spend 90% of the time with mom and 1 of the kids spends 20% of the time with mom.

So what is the average time share between the 3 kids?

This is the formula we used to make this determination.

3 kids

Mom
2 kids 90% of time = 180%
1 kid 20% = 20%

200% divided by 3 = 66.66 %

33.33 percent assigned to father as average time share percentage

What we did essentially is take the 2 kids with 90% and multiply that by 2 because there are 2 kids. Then the one kid, (1 x 20% = 20%) The total being 200% and then divided by the number of children to come up with the average time share.

I know this is not calculus, but i figured if one of our clients had a question on it then somebody else out there might as well.

Santa Clarita Divorce | Modifying Spousal Support Or Child Support

Posted by Tim Blankenship on

We get a lot of calls from people who are already divorced who want to modify their spousal support or child support.  Usually the person who is paying wants to lower it and the person receiving wants to increase it.

What normally occurs is that there is a change in circumstances such as a change in income with the parties or with regards to child support, they may be changing the custodial timeshare which affects the child support amount.

Regardless of the reasons, the first thing we always do is run the numbers through the court’s dissomaster software to get a sense of whether or not it makes sense to go through with the modification.

Every once in a while, someone will call and i will run the numbers for them and we determine that if they filed the modification request that it would have actually turned out worse for them.  Sometimes is just does not make sense at that moment to file a modification and usually what we will do is tell them to wait until a certain event has happened and come up with a plan regarding the best time to file the modification.

If you have current orders in place it is always a good idea to have those handy so we can make an apples to apples comparison. We also will need to know what orders from what date we are modifying so the court knows which set of orders we are asking to change.

If you have any questions on whether or not it makes sense to file a modification for spousal support or child support, make sure to give us a call.  We can prepare your motion and declaration, file it with the court and get your court date for you.