Child Custody and Child Support Mediation by OutofCourt Solutions
Oliver Ross Hi, I'm Oliver Ross. I'm the founder of OutofCourt Solutions, and for the past 18 years I've been a full time mediator. Not only more effectively, but also less expensively because child custody, actually, that's a misnomer now because here in Arizona, the law changed. It's no longer called custody 'cause custody denotes ownership. And, of course, we don't own our children. Now, it's called legal decision making. So what are examples of legal decision making Around their education, what schools do they go to, public schools, private schools, charter schools.
Around medical needs for sure. What doctors do they see What medicines do they take It could be around religion. What religion will they be raised in Those are prime examples of determining what's now called making major life decisions for minor children. It's no longer called custody, although I imagine that that term is gonna hang around for a while because it's been used so frequently in the past. So, it's my actual blessing to help people go through the collaborative and cooperative process of mediation rather than using two separate lawyers in the adversarial way.
Orlando Divorce Lawyer We Share Custody Can We Waive Child Support
My spouse and I agreed to share custody of our child 5050. Can we waive child support I'm Steve Kramer. I'm a Florida family law and divorce attorney. Child support in Florida is considered the right of the child. Now, we calculate child support by figuring out how many nights the child spends with each parent, and then calculating the income, and then through that formula we figure out how much child support is generally ordered. So an example would be if you each have the same income and you have 5050 sharing of.
The child, well, there might not be any child support there. Whereas, even if you have 5050 timesharing and one of you makes more than the other then there's going to be child support. Or let's say you have the same income but one of you has the child 80 of the time. Well, again child support is going to be ordered. Again, if you have roughly the same income and the child is shared 5050, you can waive child support that's an option. It's important for both of the parents to fill out a financial affidavit and basically.
How Do I Estimate My Child Support Los Angeles Child Custody Lawyer David Pisarra explains.
Hey are you trying to figure out what your child support is going to beLet me give you some insight. My name is David Pisarra from Mensfamilylaw. The way in which child support is figured is three big factors. Your income, your ex's income and how much time you spend with the child. Traditionally most men get every other weekend and a Wednesday night pizza dinner. It's not right, it's not wrong, but it is what is. That works out to approximately 20 custodial time with your kids. Most men are not happy.
With that but it's what we're stuck with. If we take a look at that as sort of a base line number.Next up is her income. She's probably going to try not to show a lot of income and keep it low. She's probably going to be underemployed. Probably going to say she can't get a real job. Probably going to say that she's gotta raise the kids she can only work part time. Well that may or may not be true, depends on how old the children are, and how close.
They are to school and how close you are to school. The other big factor is your income. Now your income is probably gonna be the big number that we're going to look at. For the most part if you're a salaried employee we're just kinda stuck with it. So, Take whatever your income is, figure with a 20 custodial share, which is every other weekend and a Wednesday night pizza dinner, you're gonna be looking at about 25 of your GROSS paycheck is going to be your child support. That's not including alimony. That's not including.
A second child. If you've a second child that number is going to go up. Maybe it's going to be 30 of your gross income.The way we try to bring those numbers back down is we try to get you more custodial time because the more time you have with your child, the lower you're child support is going to be. That means that if we can get you a week onweek off 5050 your child support is going to drop to maybe 15 of what your gross income is going to be. But that also means that mom's now got a greater availability to go find.
A job as her income comes up, your child support will go down. So these are all the variables that we play with. The general rule is that you're going to get every other weekend, figure 25 of your gross paycheck is going to be your child support and with those kinda numbers thats sorta like a rule of thumb for you to make some estimates on what your child support is going to be. I hope that helped you if you've got other questions, please feel free to call me or check us out on the web at MensFamilyLaw. I answer questions all the time and remember.
Do I Have To Pay Child Support from Child Custody Attorney Wail Sarieh
The answer is simply, it depends And the reason behind that is child support is calculated pursuing to some mathematical guidelines established by the state of California and they reduced that into a software program now We plug in the numbers and with a software program and those numbers are based on your income it depends on the health care, Who's paying for health care It depends on the child care, who is paying for child care It depends on deductions that is paid by one parent or the other, Those deductions.
Child Custody Attorney Carlsbad San Diego, Ca
What I see a lot in my practice of family law is fighting over children, child custody, child visitation. And I have to say that that comes directly into my heart in a way because I am married, with two young children, 5 and 7 year old. I can't imagine having to go through that. I can definitely feel the pain and stress that people are going through during this time. Custody visitation issues are handled by the court in what is in the best interest of the children. It's not what's best for mom, it's not what's best for dad. It's what's best.
For the children. Sometimes the courts will order things that neither party really likes and so it is specially important in custody visitation issues to have a local professional handle your case and get the results that you need. The difference in custody is legal custody versus physical custody. Legal custody is being able to have the right to say possibly what church the child goes to be able to observe the child's school work, be able to decide what kind of medical care the child needs. That would be along the lines of legal custody.
Physical custody would be where the child lives. Primary physical custody and non primary physical custody. Normally what we receive in the state of California is two kinds of custody, joint custody and primary physical custody. Joint physical custody could be achieved where we have equal sharing of the child. Week on, week off or other ways of sharing the child fairly equally. Primarily what we receive in the state of California is one primary physical custody parent and one parent with visitation. There are many methods of visitation besides actually seeing a child. We have out of town.
People who live in different parts of the state or different states in general where we have virtual visitation. We also have issues regarding visitation for non parent such as grandparents and other parties that may be interested in visitation with the children. In many of my contested cases we are dealing with the issue of supervised visitation. Supervised visitation is just what it says, one parent is supervised while they're with the child. That can be extremely necessary in cases where you are dealing with drug and alcohol issues, mental abuse issues, physical abuse issues or other issues that are important to the.
Child's wellbeing and supervised visitation needs to be instituted. You can contact my San Diego office in Carlsbad to discuss any of the custody visitation issues that you might want to. You can contact my Riverside county office in Marietta to discuss any of the visitation or custody issues you may want to discuss. One last issue I would mention in custody visitation that I had to deal personally a lot with is move away motions. People want to move. If you have the need to move to another state because you have a job offer or you have family there that can help you with the.
Children were you are not getting the help in the state you're living in California or you want to move from a state to the state of California, a move away motion is something that we can help you with. It can be very complicated and difficult but we can help you through those issues. Another question I get a lot in custody visitation issues is what is the best interest of a child mean and what is the best interest To go with mom To go with dad In today's society, I don't think there's really a tendency to lean either way. The.
Courts look at this much more openly than they use to and you're going to need a trained professional in your area to help you through and make sure that you get the custody visitation arrangement that you deserve and that your children deserve. Another issue I deal with a lot in custody visitation is the myth that the woman is going to be the primary care taker for a child. In today's society that is not true! So you need a seasoned professional that understands the courts to allow you to get the custody.
What is a Minors Counsel Los Angeles Child Custody Attorney David Pisarra Explains
Do you want to know what a Minor's Counsel is and how it can help you in a child custody case My name is David Pisarra, I'm with Mensfamilylaw. We represent fathers in child custody cases all the time. Sometimes we have to have what's called minor's counsel appointed. A minor's counsel is a lawyer appointed by the judge specifically to represent the child's interest. So that they're job is to go in and investigate, the meet with the child and the represent the child's best interests in court. Not necessarily in favor of mom not necessarily in favor of.
Dad. They are there to tell the judge what the child wants. Sometimes that's easier than others. Oftentimes it's easier with a teenager than a three year old. Because three year olds are not very verbal. But the minor's counsel's role is to go into court and explain to the judge as sort of a third party whose job is to be in theory objective but at the same time represent the child's interest. Minor's counsels are appointed by the judge although sometimes they are paid for by the county most of the times these.
Days they are paid for by the parties. The judge will make one party pay most of the minor's counsel fee or all of the minor's counsel fee, depending on the financial circumstances of the parties. then at time of trial the court depending on what the minor's counsel says, can do what's called apportionment. they can apportion, they can divide the fees and whose responsible, so that maybe dad has to, and usually does, has to front the money for the minor's counsel, at time of trial the judge might come back and say well minor's.
Counsel found actually in favor of dad so he has to pay all of it or the minor's counsel might come back and say both parents are good parents we should have a 5050 custody split and the judge will look at it and split the fees because mom's working and dad's working. there are all kinds of factors involved in figuring out whose going to actually pay for minor's counsel but the reality is a judge is going to look at it and say, who can afford it, and then how can they split it if possible. I hope you find that helpful, please feel.
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