Child Support and Visitation in CA...questions!!!
okay let me give you a little background info...
I am with a man who has two girls (3, 1) and he recently filed for joint custody after the BM tried to take the children out of state to live there for good and said that it wasn't in the children's best interest to have their father in their lives (Shes extremely bitter he wanted a divorce). He got a lawyer and she had to come back to CA. She was furious but now says that she wants to compromise and doesn't want to get a lawyer (because she cant afford it). The BM was a stay at home mom but has her cosmetology license and experience with management. Now that they are separated, the BF wants 50/50. My question is do any of you have any ideas about what a good visitation schedule would be like for children that young? I was thinking week on/off but im sure the BM will FREAK if that happens. Also, if they did end up going to court would the judge grant her CS even though they share 50/50?? He makes about 4k a month and she has the potential (with past experience) to have a very good career but she says she doesnt want to do that. If the judge will most likely grant CS to the BM should he offer an amount to try and compromise with her in mediation since she doesn't have a lawyer and he does?? If anyone could share some advice or examples of what they pay in child support for 2 skids that would be great. thanks!
**Disclaimer** You won't like
**Disclaimer** You won't like my answer.
First, and I mean this in the nicest possible way, it sounds like you've gotten involved with this man REALLY early on in the process of his separation and it sounds like there isn't even a visitation/custody/support order yet. True?
The likelihood of him getting 50/50 is EXTREMELY small. These children are an infant and toddler, and have been with a SAHM.
He will likely get several short visitation periods until the children are older.
BM will likely not be "forced" to find work because the children are so small.
BF will likely have to pay support - both child AND maintenance.
Not knowing all of the specifics, base support (not including alimony, child care, health insurance, etc) would be $1150 a month if he gets 20% custody. 20% is basically EOW and one night a week, and I'm not sure he'll even get that much at their ages.
If BM gets smart, she'll get a lawyer. It's pretty likely your BF would wind up having to pay for it! (ALL men I've known that have divorced in CA have paid for both attorneys...)
haha I APPRECIATE your
haha I APPRECIATE your honesty, Oi Vey. Yes I did get involved very early on, only a few months after they separated BUT he had already filed papers before he met me.
Well I would agree with your answer because that's what I thought in the beginning too but he worked from 4am-4pm their entire life. So when the kids would get up at 8 she would realistically only have them until nap time around 2 and he would make dinner and bathe them and put them to sleep each night. (not saying that she did nothing because I know being a SAHM is not an easy job at all) but what i am saying is that he is not like a lot of fathers that just work and pay bills, he was very involved with his children. I know that california is a 50/50 state and so I was hoping the age of the children wouldn't change that but im not sure, it might!
Currently they have a custody agreement (verbal) that he has them every weekend and hes been paying her about $1000 a month. But you are 100% right about 1 thing, if BM was smart shed get a lawyer!!
Thanks for the advice!
My FDH did all of this in CA.
My FDH did all of this in CA. He did not have to pay for her lawyer, and he does not pay alimony. He pays $700 per kid per month ($1400/month), and half of all medical/educational expenses. The both have to agree to medical/educational decisions. His custody arrangement is EOWE and one day a week. The kids were 1 and 6 when they divorced. BM was also a SAHM with a cosmetology license. She does a lot of work under the counter, and is still mostly a SAHM.
It's almost guaranteed that BM will be awarded most of the custody and your BF will have to pay CS. If your BF is working most of the time, and if BM isn't insane, it's probably not a bad option for your relationship with your BF. She probably won't get a job either, but cosmetology is a good trade to barter with; BM in our case gives the babysitters free hair/nail sessions instead of cash for their time.
I am in Cali due to the age
I am in Cali due to the age of the kids I could see the custoday starting out EOW and building up to 50/50 as they got older (school age). What will be bad is that she was a SAHM and if you SO makes 4k a month he could be looking at paying an exorbitant amount of CS. My BF pays 1700.00 per month for one child on a 50/50 schedule skid is 12. The BM was a SAHM and the income they imputed for her was a big fat 0. She had skills and had worked sporadically through out the marriage but the judge didn't seem to care about that. My BF paid the maximum CS because she had no income.