Divorce And Child Support

Award winning attorney Kathy Recordon offers expert advice on divorce and child support.


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Kathy Recordon has practiced Family Law exclusively since 1980.

She has been a San Diego Superior Court Settlement Judge (Pro Tem) since 1994, helping other lawyers and their clients resolve their cases without the necessity and expense of going through with an expensive trial.

Kathy has won numerous awards and certificates including outstanding achievement and distinguished service awards for her Pro Bono work with the San Diego Volunteer Lawyer Program.

Kathy is a recognized expert in divorce and all aspects of family law including dissolution, paternity, alimony spousal support, divorce mediation and annulment. As well as all areas of divorce that affect children including visitation, custody, and child support.

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Am I obligated to pay child support?

The support of a minor child is a mutual obligation. Both parents are required to contribute to the needs of their child. The amount of support is based on several factors. Many states have adopted formulas (guideline support calculations) that determine the amount of support to be paid. The court's take into account each parties incomes and the time that party spends with the child. There is actually a possibility that the parent with the larger percentage of custody of a child would pay support to the lower percentage parent based on respective incomes.

Parents may agree between themselves as to the level of support each will provide for the child. Absent an agreement, the court will set the level of support based on the relevant factors.

If left to the court to determine, each party must provide credible information regarding their incomes. In most states the parties expenses have no bearing on child support, only incomes. Income includes wages, bonuses, commissions, overtime, dividends, interest received, rental income, trust income and can include ability to earn. Child support continues on a monthly basis until the child is emancipated. In some states emancipation occurs at 18, others can go up to 23.

You should consult with an experienced Family Law Attorney to determine what your legal obligations are regarding child support.

Comments

allison4280 said:

I currently have joint custody but the father had the mediation agreement say that neither party will pay child support, I am a college student with no income and he is now married and both have well paying jobs.  Do I need to have physical custody in order to request support for my son? We are supposed to have 50/50 time, but I have my son much more than 50 percent of the year, every year.  The father said that because he would have him half of the time, he would not have to pay support. Is this true, in Indiana?

# February 28, 2009 11:55 PM

Divorce said:

Definetly seek out getting a lawyer on this, in what I am reading and information I have seen, you should be able to receive child support...also check with your lawyer,your ex may have to pay the court cost, so check on that if your case is won if your ex will also have to pay that, if not see if your lawyer will set up payments, always good to visit several lawyers, you deserve your child support, AND also have information to show that you have custody most the time!

# April 1, 2009 12:09 PM