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Child support and holiday gifts

On Behalf of Cullen Family Law Group | Sep 28, 2017 | Child Support |

Finances can tear a family apart, and afterward, keep the rift going — especially when it comes to child support.

At this time of year, most smart parents are already thinking ahead to the holiday season and starting layaway plans for their kids’ gifts or developing a budget.

If you’re recently divorced, however, you may have a little confusion about how the holiday gift-giving process interacts with the child support process. If you don’t understand how the issue works, you could easily end up with an unpleasant surprise. Here are the things you need to know the most:

1. Child support is not meant to cover your share of holiday gifts — that includes birthday gifts and Christmas presents. If you children celebrate the holiday, you need to come up with an agreement with your ex-spouse about how much you are going to spend on gifts in addition to the presents.

2. This isn’t the time, especially if you have younger kids that still believe in Santa Claus, to do anything that points out the inequality between parental incomes (if there is any). It’s important to keep the holiday about the kids — not what you can afford to spend on them.

3. This is one of those times when it really is best to operate as if you were still married. If you and your ex-spouse can manage to work together, you’ll greatly ease the frustration and tension that could ruin the holiday by deciding:

  • If the gifts are all going to be delivered to the same house or split between houses
  • If the gifts will all say “from Santa,” indicate which parent bought them or just have the kids names on them with no specific indication of who bought them
  • If the gifts are all going to be delivered on the same day or they will come on a mix of days (like Christmas Eve at one parent’s home and Christmas Day at the other)
  • If you are going to have all the presents opened at one house, whether the noncustodial spouse is invited to watch

Addressing these kinds of issues early can help you avoid a last-minute custody hearing — especially because the courts are full of them at the end of the year when the holidays roll around. An attorney can provide more information on child support and custody.

Source: families.com, “Child Support or Parent Support,” accessed Sep. 28, 2017

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

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On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

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On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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