When parents of young children decide to separate but not yet file for divorce, they still should file documents with the court in regard to child custody and support agreements. A Child Support Lawyer in South Bay CA can help them with this task. Casual, unwritten agreements are inadvisable, even when the separation is amicable.
Consulting an Attorney
Legal separation in California begins when one or both spouses petition the court for this arrangement. If they have children, each spouse should consult with a Child Support Lawyer in South Bay CA in regard not only about support issues but several others as well. Dividing some of the assets and determining who is responsible for certain expenses must be documented in the arrangement. The filing will include details on whether the children live with one parent full-time or there will be shared physical custody.
Working Out a Support Agreement
Spouses may be particularly interested in consulting this type of attorney if they cannot agree on the amount of support to be paid during the separation. If the case proceeds to court, a judge typically follows state guidelines in regard to support amounts to be paid by a noncustodial parent. Exceptions can be made if the lawyer provides a convincing case as to why the noncustodial parent should pay more or less than the guideline.
Even when the parents share custody relatively equally, one may be expected to pay child support. The other parent may not earn nearly as much money and may need extra to afford another home for the family. Family court judges do not expect children to live in splendor with one parent and squalor with the other.
Filing for Legal Separation
Many married couples split up and do not file for a legal separation. They move immediately into the divorce process or simply have no real need to set their separation to a legal status. Couples who do not have children or much in the way of assets probably don’t need to document their separation with the court. Those who do may consult an organization such as Company Name. Visit the website to get started.