At Bansmer Law, we have specialized in divorce and child support cases for over 10 years. We have seen and heard it all when it comes to family law.
Every case is different, but they all have one detail in common: a divorce is always exhausting and overwhelming for the people involved, especially when they have children.
We strive to make the divorce and child support negotiation process as smooth and stress-free as possible. One key factor in achieving this is making sure you know your rights. When you have a clear picture of what you are entitled to, it is so much easier to navigate this daunting process.
That is why we put together this guide to child support with split custody in California. By the time you are done reading, you will have a clear picture of what to do next and how to protect your best interests.
Can You Negotiate Child Support in California?
Yes, you can negotiate child support in California—but you and your spouse have to agree on every detail. Once both sides reach a compromise, you will submit the written agreement for court approval.
This is the next hurdle in the negotiation process. Once you and your spouse agree, the court has to review everything and sign off. They are checking to make sure you are in compliance with all legal requirements and that the agreement is fair to both of you.
If everything looks good, the agreement should be approved. At this point it is a legally binding court order that both of you must abide by. If the judge finds any issues, you will have to go back to the drawing board.
Do You Have to Pay Child Support if You Have 50/50 Custody in California?
Yes, you still might have to pay child support if you have 50/50 custody in California. It is common for the parent who earns a higher income to pay certain costs or child support in general.
The state of CA prefers to split custody of children 50/50. In this scenario, both parents have equal visitation rights and the child (or children) split their time evenly between both. California courts prefer this arrangement because in most cases, the children’s quality of life does not decline. Said in a different way, CA courts like this option because it disrupts the children’s lives as little as possible.
Child support is a big factor in quality of life. Since the state seeks to minimize the negative impacts a divorce has on children, you might still have to pay it even with 50/50 custody. The judge will consider both parents’ gross income, payroll deductions, and predicted childcare costs to calculate your payments.
If you would like a rough idea of what you might be ordered to pay, CA Child Support Services has an online calculator tool. But remember, this is just a rough idea. To get a clear picture, your best option is contacting us here at Bansmer Law.
Can Parents Agree to No Child Support in California?
Yes, parents can agree to no child support in California. Parents can agree to a $0.00 support order if they both state that it is in the best interests of the child and they have the ability to support the child without the assistance of the other parent.
You see, parents can not get divorced in CA without making a plan to support children under the age of 18. Care is a constitutional right. And if you both have the ability to create this support without help from the other parent, you can choose this option.
The laws also allow for negotiating child support with split custody in California. If you are worried about not being able to afford child support, you have options. There are state guidelines in place to help you and your spouse reach a compromise.
Is Child Support Based on Gross or Net Income in California?
Child support is based on both parents’ net disposable income in California. And the courts use a very specific formula to determine your net income– the amount will likely be much different from what the IRS considers your net income on your annual taxes.
First, your gross annual income will be pinpointed. Then certain mandatory deductions, necessary expenses, and payroll taxes are accounted for. Finally, that dollar amount is divided by 12 to find your monthly net disposable income.
Call the San Joaquin County Child Support Lawyer at Bansmer Law today to schedule your consultation and learn more about how we’ll protect your best interests.