If you’re a parent and going through a divorce, it is no doubt that this is a troubling and difficult time for you. When people make the decision to marry, they hope that the relationship will last forever, and that the marriage will bring them immense joy. But unfortunately, that is not the case. While divorce rates have been on the decline over the last two decades, unfortunately, the divorce rate is still quite high.
While you are likely trying to figure out what will happen with your life now that your marriage has ended, you may be even more concerned about what will happen as far as custody and financial obligations go. Even if you and your spouse are granted dual custody (can also be referred to as joint custody and shared parenting), it is likely that one of you will have to pay child support to the other parent.
If you and your spouse have the same income, then this will likely mean that child support will not be owed. But this is rarely the situation that both spouses have the exact same income and associated benefits.
Child support guidelines are written to calculate the financial obligation based on the amount of time that the child spends with each parent and the financial situation (income) of each parent. So, if a child is spending equal time with each parent, as is the case in a dual child custody situation, then the parent with the higher income will be required to pay child support to the other parent.
How Child Support Is Calculated
The actual amount of child support that a parent will pay is a bit more complicated to determine. California leverages a child support calculator that takes into account the following:
- The gross income of each parent
- The amount of time the child spends with the parent
- Income tax deductions claimed by the parent
- Mandatory payroll deductions, such as health insurance, pensions, and union dues
- Childcare costs
In situations where dual custody is not given, the greater the gap between the two parents’ pay and the less time the higher compensated parent spends with the children, the greater the child support that parent will owe. In dual-custody situations, this calculation is adjusted by putting the time spent with each parent as equal.
It is important to remember that child support is designed to support the child. If one parent earns significantly more than the other, then they may need to pitch in more financially to help cover the needs of the child. An equal financial burden for both parents would not be realistic, and would definitely not be sustainable for the parent who earns far less.
Legal Representation Is Important For Any Child Support Or Child Custody Issues
At Bruce A. Mandel Divorce & Family Law, we are well versed in child support and child custody cases. Our experience helps parents to focus on the needs of their child to ensure the child is not lost or made as a pawn through the divorce process.
Divorce can be very unsettling for a child, and we work hard to ensure that dual custody situations are made fair and equitable for both parents and child(ren). If you have a child(ren) and need assistance with your divorce, contact us at 424-250-9130. You can also follow us on Facebook.
