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Can a Prenuptial Agreement Dictate Child Support Payments?

Modern couples planning their marriage often find that prenuptial agreements are useful tools. They are especially helpful when one or both individuals entering marriage have significant assets to protect. One common mistake couples make when entering prenuptial agreements in California is including terms the court is likely to reject – like pre-determined child support payment amounts. Courts prefer divorcing parents to create a parenting plan outlining physical and legal custody of their children. When parents agree on the terms together, it usually results in lower levels of conflict and less stress for all involved. But this preference for amicable co-parenting…

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California Child Support: When Do Child Support Payments End?

California law states that children have the right to be supported financially by both of their parents. When necessary the court will order child support obligations per the law with payments intended to provide the child with necessities like housing, food, clothing, educational costs, medical expenses, and other reasonable expenses. Basics of California Child Support: Child support payments are typically paid to the parent who has primary custody of the child. The amount of child support is based on California Child Support Guidelines taking into account the incomes of both parents and the amount of time the child spends with…

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Preparing for the Typical Child Support Add-Ons

Parents are obligated to provide for their children’s basic support. In addition to basic support and in accordance with the Child Support Standards Act guidelines, parents are also obligated to pay pro rata shares of “Mandatory Add-On Expenses.” Examples of mandatory add-on expenses are daycare costs and required health expenses. On top of the Mandatory Add-On Expenses, the California Court may decide on additional Discretionary Expenses for child care or education. This means that non-custodial California parents are obligated to pay: Regular child support Their share of their child’s daycare costs due to the custodial parent working or going to…

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How Does a Child from Another Relationship Affect Child Support?

In almost every divorce where parties divorcing are parents of a minor child or children, one parent is ordered to pay child support to the other parent. Most parents are aware of this and they are aware that the judge will consider the incomes of both parents when determining child support awards and the amount of the award. What many still find confusing is how remarriage does or does not affect child support orders already in place. California Child Support: How Does Remarriage Affect Previous Child Support Orders? The remarriage of a parent does not directly affect a previous California…

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How to Manage a Child Support Order Across State Lines

When divorced parents live in different states, there are a number of issues that they have to deal with. One of these issues is child support. When a custodial parent needs child support from a non-custodial parent that lives in a different state, it can be confusing to decide which state’s court to turn to for assistance. Typically, a state court can enter an order that requires child support payments from a parent in another state only if the out of state parent has a specific connection to the other state. The connection provides the court with what is known…

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What To Do If You Are Having Difficulty Paying Support

A common concern that often comes up after the entry of a divorce judgment in the court is the spouse who has been asked to pay for spousal or child support declares his or her inability to do so any more. The aim of this article is to discuss the steps that should be taken if such an issue comes up. Step 1: Go through the divorce decree thoroughly While it is an obvious thing to do, there are several people who tend to overlook it. A divorce judgment is an extremely crucial document, which anyone such as the judge,…

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What To Do If You Stop Receiving Support Payments

There are several occasions when parties require professional help so that the financial judgment that were declared in their favor could be enforced either in paternity or in divorce cases, most of the times a court declares its financial judgments based upon issues like split of marital properties, alimony, spousal support or child support.  After the judgments have been entered, it is expected that the recipients should be depending on the awarded monies for their daily expenses. Hence, when a person stops getting support payments, the outcomes could be difficult for both the parties. How does the court take actions…

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What Can And Cannot Be Considered As Income For Child Support

Divorce is always a difficult period for the couple going through the procedure. The proceedings, however, are much harder if there are children involved. Children below the age of 18 are involved in the unpleasant business of divorce despite their unwillingness. Divorce settlements often do not proceed smoothly especially when there are issues revolving around child support. Debates often arise when it comes to calculating the percentage of an individual’s income that goes into child support. Confusions can also arise when it comes to determining the type of income that can and cannot be considered as child support. Income considered…

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What Issues To Include In Determining Child Support Orders

It can be quite complex to cope up with the various major decisions to be made in consultation with your former spouse after your divorce. Some of these could be how to divide the expenses of your children, getting adjusted to a new living condition and visitation arrangements. Things could get messy sometimes. The calculation for the base child support is usually done according to the guidelines laid down by the state where you are residing. It is on the basis of these guidelines that parents need to come to an arrangement on how the child related expenses should be…

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What To Do When You Aren’t Receiving Ordered Child Support

If there is a court order for child support, whether the divorce is final or not, the parent designated as the recipient parent can enforce the order if the other parent is not paying on time or does not provide child support payment in accordance with the court order. It is the job of the recipient parent to make sure that child support payments are provided for as long as they are needed for the care of the children. If you aren’t receiving the child support payments you are due according to court order, contact legal representation as soon as…

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