How is Child Support Calculated?

Child support is set on a state mandated guideline. Family Code Section 4050-4076 sets out the formula used to set child support. This formula has been incorporated into a computer program which will calculate the amount of support once the figures have been input. In the Family Court, the program is called DissoMaster. In the Family Support Court the program is called a Child Support Calculator. 

Factors that are input into the program include figures such as: number of children; % of time the noncustodial parent spends with the children; tax filing status; wages; self-employment income; any additional forms of taxable and non-taxable income; cost of mandatory retirement; cost of union dues; cost of health insurance; hardships for other children from another relationship in the home and any other child and/or spousal support being paid. If the person who will receive the child support wants the guideline amount, the court must order it, unless one of the few exceptions applies. 

The Family Code makes it mandatory to order the guideline amount. If no aid money is being paid, the parties may agree on a child support figure higher or lower than the guideline amount.

Why There is NO WIN in a Divorce

You are hurt, angry, reeling from the shock your marriage is over. You want to take your ex to the cleaners. They need to pay........ 

You can go hire the attorney with the reputation of being a bull dog or a shark, but in the end everyone, especially the children, lose. If the fight is on, let me tell you what the probable outcome may look like.

1. The attorney’s make A LOT of money;
2. You both will be broke;
3. You may be very disillusioned with the process, especially if you don’t get what your attorney promised you were entitled to;
4. Depending on the level of animosity, you and your ex may not even be able to discuss simple things making everything a fight and/ or a stressful challenge when dealing with issues involving the children;
5. Your children will be a wreck and emotionally damaged. The children become the unnoticed collateral damage as they watch their parents battle it out;
6. The emotional toll is huge. It takes a lot of energy to fight the fight. It is exhausting and can have physical ramifications as well.

Why Mediation is Better for the Children

When you are working together to create a plan for sharing your children you are emotionally coming from a place where the children’s needs are first. With them as the focus there is no fighting or trying to win the children over to get back at the other parent. You will avoid the pitfalls of those who are in fight mode and keep your children first. Your children will not have to endure some of the following:

1. Fighting in front of the children.
2. One or both of the parents saying derogatory things about the other in front of the children. 
3. Saying things which make your children feel it is not OK to want to talk to and/or see the other parent. 
4. Discussing the court proceedings with the children to get an advantage over the other parent.
5. Having the children read the legal documents to get an advantage over the other parent. 
6. Making a scene at public events and special outings by arguing or insulting the other. 
7. Making the children feel like they have to take sides. 
8. Not allowing the children to take their clothes and belongings back and forth between homes. 

What are the Benefits of Mediation

1. Mediation is a peaceful, non-adversarial way to resolve the issues involved in a divorce or other family-related matter. In mediation the parties work through the issues with a neutral third party. The mediator assists the parties in finding mutually beneficial solutions

2. Mediation is a confidential and structured process. Nothing that happens during the mediation process can be used in court should the mediation process not be successful. 

3. Mediation is less emotionally draining than going through the litigation process. Think about what you feel like when you have a disagreement with someone- how does it make you feel? Sick, sad, angry, anxious, tense and/or frustrated? In mediation we work through the disagreements in a respectful manner. The focus is resolution, not who will win. 

4. Mediation is better for the children. Kids love both of their parents. To be put in the middle is emotionally devastating. In Mediation we focus on what is best for the children.

5. The mediation process does not put either party in a detrimental position. If the Mediation is successful, then all of the paperwork can be taken care of without going to court. If the process is not successful, the parties can opt out and go through the court system. 

6. Mediation is less expensive. Family law cases can run $10,000.00 to $20,000.00 to $30,000.00 for each party depending on the level of acrimony. In most instances, mediation can be completed for less than $10,000.00 TOTAL!