Many questions raced through Liam’s mind as he and Sophia discussed getting a divorce. Where would he live? Would their children be okay? One of the most nagging questions involved paying for all the things kids need. Would he have to pay child support, or would Sophia be held financially responsible for their kids? Several factors determine whether one divorcing spouse will pay child support to the other.
Factors that Affect Child Support
In all divorce cases, California divorce courts focus on doing what is in the best interests of the children. Generally, both parents are expected to be financially responsible for their kids.
- Needs. Every child has the basic needs of food, clothing, housing, medical care, and education. Child support also may include additional expenses when a child has special needs. The courts will take this into account.
- Finances. The parents’ financial status matters. A parent who earns more money than the other may have to pay child support. Courts may consider each spouse’s current and future earning capacity when determining child support.
- Custody. The general rule of thumb is that the parent who spends more time caring for the child is most likely to receive child support.
In Liam and Sophia’s divorce, sole legal custody was granted to Liam. However, they shared joint physical custody of the children, splitting their time on a fairly equal basis. Since Sophia’s income was far greater than Liam’s, she may have to pay child support to him. As Liam’s career advances, his income should increase. They may need to adjust child support at some point in the future.
Temporary or Permanent
Immediately after a divorce is filed, financial matters may become muddled. Child support concerns must not be lost in the shuffle.
Parents have the right to ask a judge for temporary child support. A court may consider documents filed by a parent, then order one parent to pay support to the other. However, the custody amount and payor may change as the divorce is finalized.
What’s most important to Liam and Sophia – and the court – is that their children receive the care they need. Sophia requested and received temporary child support immediately after filing for divorce. This support helped her and the children adjust to their new circumstances while Sophia and Liam negotiated their parenting plan and divorce settlement agreement.
Whether You Have to Pay Child Support Can Be a Major Question
Taking financial responsibility for your children is important. However, splitting into two households can be expensive. Also, if you do have to pay child support, you want to make sure you pay an appropriate amount.
Talk to an experienced California divorce attorney today. Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys.
Please call us at 415-293-8314 to discuss your case. The attorneys at the Law Offices of Judy L. Burger assist clients with divorce matters in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Diego, San Jose, Gold River (Sacramento), and surrounding communities.