What can a mother of 2 expect to get for child support?

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What can a mother of 2 expect to get for child support?

Mother of 2 (6 and ) with no job wants a divorce. Still living in home with kids and spouse left but still paying all bills until July when lease is up. We have been together since 2003; we got married in 2009. I am the who wants the divorce; I don’t think that he does. I want things to go easy for the kids so I am looking every day for a job. then we can get on a waiting list for an apartment but so far no luck. My spouse does not want to pay child support and wants 50% custody. Will he still have to pay child support if I find a job? I know I will not be making much. Can I start the divorce papers now? How much are the costs? He does not want me to start the paperwork.

Asked on March 22, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your husband does not have a say in whether or not he WANTS to pay child support.  The question is just "how much?"  California has a statewide formula (called a "guideline") for figuring out how much child support should be paid. If parents can't agree on child support, the judge will decide the child support amount based on the guideline calculation.  The guideline calculation depends on the following:

  • How much money the parents earn or can earn,
  • How much other income each parent receives,
  • How many children these parents have together,
  • How much time each parent spends with their children,
  • The actual tax filing status of each parent,
  • Support of children from other relationships,
  • Health insurance expenses,
  • Mandatory union dues,
  • Mandatory retirement contributions,
  • The cost of sharing daycare and uninsured health-care costs, and
  • Other factors.

Child support can also include the cost of special needs like:

  • Traveling for visitation from 1 parent to another,
  • Educational expenses, and
  • Other special needs.

You can start the divorce as long s you meet the state residency requirements. As for the cost of the divorce, that varies greatly and you should speak with attorneys in your area.  Good luck.


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