My marriage with my wife has been no fairy tale, but as far as I was concerned we were conciously working on our issues and had a very good thing going. We also have a 4 year old daughter. Two years ago she cheated on me with a mutual friend. I decided to stay in the marriage and work it out. I just found out she is doing it again, this time with a stranger. So we are splitting up. I have no money for lawyers, and we are not fighting, it'll be a "friendly" divorce. But I need to know what I have to pay (or the formula) for child support. We don't own real estate and the other possessions are no big deal. Does anybody know some kind of child support formula for the state of California? Am I obligated to provide that? Even if she cheated twice? Please help... Thank you
2007-01-08 03:07:51 · 28 answers · asked by Allinone 1 in Family & Relationships ➔ Marriage & Divorce
I'm sorry to hear about that, but I applaud you for trying to make it work. I hope that you both will focus on your daughter and make this transition as easy as possible for her. Having a "friendly" divorce is usually a good start. To answer your questions, yes, even though she cheated, you are still legally financially responsible for your daughter unless you and your ex come up with some sort of arrangement that is included in the Divorce Decree and signed by both parties. Since the chances of that happening are pretty slim, here is a child support calculator for the state of California. If anything can make a divorce get ugly, it's money. Try not to let the financial matters turn this "friendly" divorce into an "ugly" one, as that will not be in the best interests of your daughter. Good luck!
2007-01-08 03:31:55 · answer #1 · answered by julesl68 5 · 0⤊ 0⤋
I dont know how if works in Cali specifically. But you can go to a mediator and file a separation agreement. This costs a fraction of what lawyers cost. If it is going to be a friendly divorce, then the two of you with the help of a mediator should be able to come up with a responable number. And remember that if the child spends as much time with you as with her mother, then you should be able to have neither party pay child support. Just split the expenses such as daycare etc...down the middle. This way you can both carry on jobs and make your own money, and both equally support the child. If you can make this work, I promise that your relationship with your soon to be ex, and you child will be better off. Good Luck!
2007-01-08 03:20:13 · answer #2 · answered by NCOIC 2 · 0⤊ 0⤋
The cheating has nothing to do with your daughter and of course you have to pay child support. She is your child and you have to help take care of her. I am not sure about the formula in Cal for CS, but most cities have a legal aide society or you can call a lawyer and have one session and find out how to do all this. I am sorry that your wife cheated, that is her issue but your child is a whole different matter. Be a good daddy, do not let your baby down because her mom hurt you. Love her more than you dislike her mom
2007-01-08 03:12:41 · answer #3 · answered by Emme 4 · 2⤊ 0⤋
Contact the state of california department office of recovery services or social services. They can tell you the formula that will compute the childsupport. It will be based on a percentage of your net income before any bills, rent, credit obligations.
You can't avoid paying the child support, It's a federal mandatory law that you must pay for the childs support.
Start paying the amount the state says you must pay asap! don't wait for the divorce, cause then you will be in arrear's and they will take even more out of your paycheck.
Get the divorce filed using perhaps a legal aid office to assist you in this.
2007-01-08 03:15:41 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Please, please remember for the rest of your child's life that child support is about YOUR obligation to support YOUR child and it has NOTHING to do with your ex's behavoir, all the awful things she has done and will do in the future. Your child will have financial needs for the rest of her life. If you are not the custodial parent, child support is the way the government ensures that you pay your share of those financial needs. Your child should not suffer because of your divorce.
I don't know if CA has a child support formula but a quick web search should get you some good resources. Also you might want to take a trip to your local family court as I am sure they will have tons of information for you to help you out.
Good luck.
2007-01-08 03:16:24 · answer #5 · answered by CV 3 · 1⤊ 0⤋
You can probably find the child support formula online. I don't know what the laws are in California, but if she has custody, more than likely you will be paying child support. Just because she cheated, your daughter still has needs and should not suffer because of what her mother did. It will be difficult for you to not be bitter, but for your daughter's sake, try to put her first through the entire process, don't badmouth her mom and try to keep things as civil as possible. Because of your daughter, you will be dealing with your ex the rest of your life, might as well make the best of it for everyone involved.
2007-01-08 03:13:38 · answer #6 · answered by singleagain062005 3 · 0⤊ 0⤋
No matter if she cheated or not you are obligated to pay child support. Each state differs on the way that they formulate child support, there is usually a web sit for each states child support enforcement division that will help you get a general idea of what you would pay each month, also if you carry the medical insurance for your daughter you would most likely be required to continue to provide that
2007-01-08 03:11:05 · answer #7 · answered by Anonymous · 1⤊ 0⤋
If you are the father of the child then you are obligated to pay child support. I'm sure there's a formula for child support in California. Go to www.findlaw.com and look up your state laws. One really eas way to think about child support is that you will pay about 25% of your salary.
Good luck.
2007-01-08 03:17:28 · answer #8 · answered by Anonymous · 0⤊ 0⤋
When it come to Child Support, it is question of custody. If she is a cheater and you can prove it and want custody, ask for it and she will likely have to pay you child support! If you allow her custody, the "cheating" is not involved in the formula, but here is a link to how it is figured
http://www.divorcenet.com/states/california/ca_art07
California is a community property state of MARITAL ASSETS so likely a 50/50; get a good lawyer...50% of the Assets acquired during the marriage, not before, if you have a good lawyer.
2007-01-08 03:12:37 · answer #9 · answered by bottleblondemama 7 · 0⤊ 1⤋
Cheating or not, you might end up paying alimony as well as child support, depending on who gets custody. This could be up to a total of 50% of your income. Sorry, but in California, adultery is not illegal, nor is it recognized by the courts as a reson for divorce. Good luck!!
2007-01-08 03:12:56 · answer #10 · answered by boredperv 6 · 1⤊ 0⤋