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Orange County divorce lawyers; The Maggio Law Firm

What To Know About Child Support While Divorcing Your Spouse

Irrespective of whether the parents were legally married or not, they have a responsibility to support and look after their kids. If a marriage or a marriage-like arrangement has come to an end, the custodial parent is supposed to get paid by the non-custodial parent by the order of the court.  Both parents have the obligation to support their children.

Custodial and noncustodial parents

A custodial parent refers to that parent with whom the kids live for all the times or for a majority of the times post the divorce. On the other hand, a non-custodial parent is awarded access or visitation rights that may or may not include a specific number of night’s stays every month or week as decides by the judge,

Guidelines for child support

When there is only one custodial parent, which usually means that the kids stay with the parent for over 60 percent of times, the concerned state determines the child support’s base level for one or multiple kids. These guidelines aim to cover essentials such as public education, healthcare, clothing, shelter and food of the kids a parent is taking care of.

Both the parents may come to an agreement on payment of certain special expenses apart from the amount awarded as per the guidelines of the child support for the state where the kids are residing.

These extra expenses must be regarded as reasonable and essential by both the parents; essential since they should be in the best interests of the kids and reasonable with respect to the incomes of both the parents.

How long should the noncustodial parent pay for child support?

Child support is typically payable till the time the kids complete their school level education or are considered emancipated, The latter could mean attaining the age of getting married, becoming an adult, drop out of their school or leave home. Child support usually continues in case the children will go to a college and until they get their college degree. There are some instances where the judges directed to continue child support until the child obtained the Master’s degree. You should ensure that your divorce agreement clearly mentions until what time the child support should continue.

If the divorced parent has a special-needs child from their marriage who has to reside with one of the parents for the rest of their life and is dependent on that parent, the court may order the non-custodial parent to provide permanent child support. Situations like these could be complicated ones. So, you should ensure to avail sound financial and legal suggestions prior to getting your divorce agreement finalized.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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