Child custody are one of the biggest issues in Orange County divorce cases, with a large number of parents and spouses battling it out in bitter court cases. There are a large number of people however who fight their child custody and visitation cases with complete commitment but are unable to keep an eye on the financial implications of their child custody and visitation demands.
If you look at the California Family Code and the guidelines made through statutes for the calculation of the amount of child support. One of the most important features that these payments largely depend on is the amount of visitation and child custody a particular parent has. Simply put, the parent that has the larger amount of child custody will have to pay less child support to the other spouse if he or she is paying, and will receive a large amount of child support if they received it.
When we look at California Family Code 4055, it talks about the factors that the California family law courts will need to take into account when deciding the amounts of support payments that will need to be paid. Some of the leading factors that need to be taken into account when deciding the amount of child support are:
- The tax filing status of each parent
- The amount of Income of each of the parent
- Union dues
- Deductions made for health care insurance
- Tax payments on property etc.
- Interest to be paid on mortgage
- Number of children that are involved in the support order
While these may be important factors that would need to be taken into account, the most important factor that should be taken into account continues to be custodial time of the child allocated to each parent.
While there are a host of advantages of trying to have the large share of child custody, there are also a few leading drawbacks. While most of the parents look to get the largest amount of the child’s time for them to get hold of the extra child support, they often forget that the cost of raising a child is often more expensive than the child support payments you receive.
A Double Edged Sword
Making sure that you raise a child by fulfilling all their legitimate and reasonable demands in addition to providing them with the best education and quality life can seriously cost you a fortune. While you have gone tooth and nail to try and win custody, unless and until you take the future financial situation in sight before making your child custody demands, your sincere efforts will continue to backfire.
Gerald 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.