Skip to content
We're Available for Remote Meetings to Safely Serve Our Clients



Do Significant Differences in Parental Incomes Affect Child Custody?

California divorce attorney, California family law attorney, filing for California divorce, file for divorce in california, California family law case, california divorce mediation, California child custody attorney

Many California parents facing divorce fear losing custody of their children. In some cases, the fear is warranted. In other cases, it is not. One concern that is more urban myth than anything else is that the court will award custody to the parent with a higher income. A significant difference in parental incomes is not a factor considered by the court when deciding on child custody. 

How Can Significant Differences in Parental Incomes Affect a Divorce? 

  1. When parties facing divorce have significantly disparate incomes, the party with the lower income may fear this will hurt their chances due to the inability to obtain equivalent legal representation. In this situation, the party with the lower income should work with an experienced attorney. They may be able to petition the court for emergency spousal support or an order for the opposing party to cover attorneys fees, etc. 
  2. Divorcing parents with significantly different incomes will also see the situation reflected in how the court awards both spousal support and child support. 

What Happens When Parents with Significantly Different Incomes Share Custody? 

When California parents share custody of their children, the court considers their incomes, the state of their joint custody arrangement, and other factors when determining child support. If parents have joint physical custody, the children spend a significant amount of time with each of their parents, and the parents’ incomes are close to equal, it is possible that neither parent will need to pay child support. When there is a significant difference between the incomes of the two parents, the parent who has the higher income will probably be ordered to make child support payments to the other parent or cover a more significant amount of the child’s expenses. 

If you need help obtaining child support or if you need to file for divorce in California, please get in touch with one of the experienced family law attorneys at The Maggio Law Firm.



Orange County divorce attorney; The Maggio Law Firm

Advice On How To Tell Your Kids You Are Getting Divorced

It is not an easy task to tell your kids that your spouse and you are getting divorced. However, you can still make things manageable to a certain extent when…


Are Prenuptial Agreements Enforceable in California?

California couples are entering prenuptial agreements as a precaution in case of eventual divorce more than ever. The prenuptial agreement is a legal document that helps protect assets and income…

Top Orange County Family Law Attorney
Top Orange County Divorce Lawyer
Best Orange County Family Law Attorney
Top Orange County Divorce Lawyer
Schedule a consultation