Sacramento family law attorney Jin Kim specializes in representing women in divorce proceedings. Specifically, she helps women file for dissolution of marriage and obtains orders for child support, custody, and the division of community property like the marital home. Unlike many divorce attorneys, Jin Kim understands that women have significant power under California family law and are often entitled to marital assets and child support. To learn more about your legal options call (916) 270-6880 to schedule a consultation.
California Child Support for Women
California child support laws are designed to provide adequate child support, but what’s adequate can be surprising to stay-at-home moms or women with less income than their spouse. Specifically, California child support laws are designed to further the following policies:
- Each parent should pay for their children’s support according to their ability
- Children should share in both parents’ standard of living, and child support can appropriately increase the standard of living of the custodial household
- The child’s needs are not measured by their historic expenses or basic needs, but by the parent’s station in life, &
- A parent with primary physical custody is presumed to contribute a significant portion of resources for the children’s support.
In summary, California child support awards are not measured by the cost of raising a child, but by each parent’s income and percentage of custody. The children should share in the father’s and mother’s standard of living, and if the father makes more money, child support can appropriately increase the standard of living of the mother’s new household. Moreover, it is presumed that the mother with custody contributes a significant portion of child support to the child’s care – no proof of where the money goes each month is required.
Stay-At-Home Mothers Have Power
Many stay-at-home mothers and women who sacrifice their careers to take care of children are surprised to learn how much child support they’re entitled to. Since custody awards consider the emotional bonds between the children and parents, seek stability and continuity of care, and look to the frequency of contact between the parents and children, many women find themselves with primary custody which can lead to a higher child support award. Accordingly, the California formula for calculating child support favors women with lower income but great custody of the children.
California Child Custody for Women
California custody laws seek to establish custody orders consistent with the best interests of the child. The legal standard looks to circumstances that best protect the children’s health, safety, and welfare; past nature and frequency of contact with both parents; continuity of care, attention, and nurturing – including whether the children have lived with one parent for a significant period of time; and the protection of the children from a parent’s use of alcohol or drugs.
As a result of the best interest of the child standard in awarding custody, mothers who are the primary caregiver for their children have strong arguments for primary custody in divorce proceedings. To learn more about your custody options and rights in divorce call women’s divorce attorney Jin Kim at (916) 270-6880 for a consultation Monday – Saturday from 8 AM to 6 PM.