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Parents that are filing for divorce or in a paternity matter (unmarried with children) must resolve child support for their minor children in San Jose California.
Although child support in California is based on a formula, simplifying a lot of the conversation, child support includes more complicated issues like:
With Families First Mediation, we can make the conversation about child support much easier through child support mediation. Through our effective mediation strategies, both parties should come to a conclusion that sits right with everyone and benefits the child.
If you are struggling with child support issues, schedule a free video consultation with our child custody mediators to see how we can help you.
We offer online divorce mediation services throughout California, making it easy for you to get started.
Child support mediation involves a third-party mediator tasked with helping parents reach agreements on child support. This mediation follows a different approach as compared to a courtroom setting—it is more relaxed and collaborative.
This method makes it easier for both parties to communicate and understand each other, enabling them to resolve their differences in a fair and amicable manner without stress or expensive court litigation.
Parents can consider and agree on different aspects of child support through mediation, thus meeting the child’s needs positively while upholding their parents’ relationship.
Find out how your family can benefit from our child support mediation services in California and avoid a long contested court fight. Contact us and schedule your free consultation today!
Before proceeding with child custody mediation or even going to family court, you need to know how to be successful in child custody mediation, understand how it works, and the legal requirements.
California uses a child support formula to calculate child support. This is called guideline child support. Guideline child support looks at two key factors: the parents’ net income and the parents’ custodial time. It’s the comparison of these factors that create child support.
For example, if both parents have equal income in San Jose, but one parent has most of the custodial time, the non-custodial parent will pay child support.
The non-custodial parent will have to continue paying child support until the child reaches the age of majority, typically when the child is 18 years old and graduated high school.
There are limited situations in which the child support will pass 18 years of age. If the child doesn’t graduate high school and is 19 years of age, child support will end at the child’s 19th birthday.
Also, if a child has mental or physical limitations preventing the child from becoming self-supporting, the court can order adult child support.
California uses a complex formula to calculate child support, which is expressed as CS = K (HN – (H%)(TN)). Each variable is explained as:
Basically, child support in California is calculated based on the parent’s income, the number of children, and percentage of time spent with the child.
In California, child support is paid to ensure all essential expenses for a child’s well-being and upbringing are covered. The covered expenses that fall under this category includes:
In addition to basic child support, California includes child support add-ons. The child support-adds on are child support expenses in which each parent is required to pay towards that expense in proportion to their income.
Child support add-ons include uninsured healthcare like medical, dental, mental health and vision expenses. It also covers child-care for work or job training, education-related expenses like tuition, and extracurricular activities
As for expenses that cannot be covered, they include luxury items like designer clothes or expensive, unnecessary gadgets.
Expensive extracurricular activities may be excluded unless mutually agreed upon by both parents.
If the primary caregiver fails to spend the child support on the child as instructed, it is a violation of the agreement and has severe legal consequences.
Child support is primarily meant to take care of the child’s expenses and ensure they live a healthy life. However, this is also meant to reasonably cover the parent’s shared costs with the child, like shared mortgage/rent, groceries, and transportation.
Failing to do so can result in child support modification or even contempt of court charges, which can attract fine or jail time.
However, for the court to consider the child support money mismanaged, there has to be evidence for:
If you suspect this is happening, the best option is to contact a family law attorney to analyse the case and discuss the best legal action to take.
With Families First Mediation, we can make the conversation about child support much easier through child support mediation. Book your free consultation today.
Child support mediation in California with Families First Mediation is quite straightforward and follows a structure that aims to reach a resolution quickly. If you are attending mediation session, the process usually includes:
The mediation process begins with an initial meeting, where a mediator discusses the outstanding issues with the parents and collects information on their child.
This meeting helps to determine the goals of the meeting and establish ground rules for the discussions.
The parents continue to participate in their mediation sessions, during which the mediator facilitates discussions about child support payments, including monthly amounts, child support add-ons, and how much of the questions at the start of this blog will be managed.
This will be party specific as not all families have the same concerns and interests.
The mediator’s role is to remain impartial while assisting both parties in reaching a mutually acceptable agreement.
Such sessions are based on the parents and mediator’s schedule, and either in person or remote. At Families First Mediation, we offer remote mediation services.
The mediator prepares a formal agreement after both parents have reached agreeable child support terms.
This document contains the details that the parents have agreed to, including payment amounts and due dates, along with other stipulations if any.
Both parents get copies of the agreement and check whether their intentions were properly captured.
The finalized agreement is submitted to the court for enforcement. The court examines the agreement to ascertain its conformity to California child support regulations.
Upon granting the approval, the agreement will take effect as a binding court order.
Keep in mind that child support agreements may need adjustment over time as circumstances change, either due to a change in income or the child’s needs.
Mediators, such as our office, offer ongoing support for parents, helping them revise the agreements and current situation to determine what’s best.
Mediation is a better alternative for resolving child support issues than costly, time-consuming legal battles. It is also a cheaper and faster process that promotes collaboration among parents, ensuring an amicable resolution.
The mediation process is also very private and confidential, which can reduce stress associated with public court battles. This way, you focus on what and what not to say during child custody mediation with zero judgment.
Nevertheless, mediation can help resolve child custody disputes by encouraging open communication and collaboration instead of hostility. It encourages parents to work together and create a more organized future for their child.
Even though mediation can be very useful in sorting issues out, there are other cases where mediation might not be the best option.
An example is where there is documented history of domestic violence or couples that fight constantly. Mediation in general would be futile in such cases. Instead, the parents might hire consulting attorneys that will participate in the mediation on their behalf, which may also be referred to as a settlement conference.
Another scenario where mediation might not work is where one of the parties is unwilling to come to the mediation meetings.
In these circumstances, legal action and legal counsel may be required for the sake of all parties so that their interests are safeguarded.
With child support mediation lawyers, parents can reach an agreement regarding their child’s welfare without lengthy court battles. These mediators ensure a fair and legally sound discussion that can be accepted by the court as a binding legal order.
At Families First Mediation in San Jose CA, our team of experienced child custody mediators and divorce lawyers can help you reach an agreement peacefully. No legal battle or stress; we will guide you through each process, from the initial consultation to drafting agreements and getting court approval.
Book a free consultation with Dina Haddad for a peaceful resolution today!
Free PDF Download: Divorce Mediation Checklist.
You do not need a divorce lawyer to receive child support. You can request child support by filing a Request for Order, FL-300 after you have started a divorce or paternity case.
Consider child support mediation to reach a fully enforceable child support agreement, without having to go to court.
The fee charged for child support mediation differs based on the mediator’s level of expertise and how long the mediation will take. However, mediation is cheaper than having a contested issue in court. Therefore, ensure to discuss fees and payment structure to avoid unwanted services.
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About Us:
Families First Mediation is a pioneer in the field of divorce mediation. Our entire divorce mediation team takes great pride in being active trainers, divorce mediators and teachers of mediation in the greater California area. If you are considering a collaborative divorce, legal seperation or looking for a san jose divorce lawyer we have services that may be beneficial to you. Take advantage of our vast expertise and background in the field of divorce mediation and our genuine desire to help with your divorce mediation services.
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