In a divorce, you may wonder how to divide property, like your marital home or assets. But, when it comes to children, you have different considerations, like deciding what your future looks like, including child support and custody, and how those affect each other.
State law used to determine child custody
In California, child support and custody are not necessarily related, but California law dictates how child support is calculated. There are many factors that go into this calculation, but the two primary factors are the amount of time that you and your soon-to-be ex-spouse spends with your children and each parent’s income.
Both parents are responsible for the child’s care and wellbeing. So, while sole custody is not required to receive child support, a parent could not receive visitation and still be asked to pay child support. A shared custody agreement also does not eliminate the possibility of a child support.
Divorces can be difficult. It is important to advocate for your best interests and the interests of your children. Depending on your circumstance, you may be able to mediate or reach a mutually agreeable settlement with a divorce, including on child support matters. If agreement is not possible, you will need the California courts and, possibly, Child Support Services.
Courts understand that life changes over time and that your financial situation may change accordingly, so while sole custody is not a requirement for child support, if the time you spend with your child substantially increases or your financial picture changes, it may also warrant a change in child support.