Child Custody and Child Support

Child custody and child support are two separate legal actions that often go hand-in-hand. At Curtolo Law, we treat all child support and child custody cases with the best interest of the child in mind. It’s easy for children to recognize the stress that often comes as a direct result of divorce and legal separations. It’s important to remember that in this situation, your children shouldn’t be the victim of this often difficult time. It’s for that very reason that we’ll work hard to keep your family’s best interest in mind. As a parent, you are that child’s rock and we don’t want to strip their foundation out from under them.

In some cases, a child support case may not require a child custody hearing or vice versa. Below, we’ll go into greater detail about both child support as well as child custody.

Child Support

The state of California, especially San Diego and the neighboring cities, is an expensive place to live. It can become especially expensive when you add daycare costs to your expenses. California determines child support based on the “guideline” calculation. Generally, guideline support is based on two (2) major factors: the gross incomes of both parties and the timeshare each party spends with the children.

However, there are intricacies that you need to know in order to obtain a fair order for support. Some of those intricacies are listed below.

• Is the other parent unemployed or underemployed?
• Do you have mandatory retirement or union dues?
• Are you a commission based employee?
• Does your child support order need to be modified?

Child support is always modifiable if circumstances have changed from the prior order. Curtolo Law has ample experience in litigating child support in the Family Court as well as with the Department of Child Support Services.

Custody and Visitation

Custody and visitation is often the most contentious area of a case. It would be ideal for all parents to work together to raise their children in two separate households, but this is not always possible. It is important to have an attorney on your side to inform you of your rights. But parents should keep in mind that when the goal is to “win” on this issue, the fighting can often lead to neither side winning, increased legal fees, and intense stress on themselves and the children. It is important to hire an attorney that understands you are not just another case–you are a family and a parent.

It is important to be educated on your parental rights. There are two (2) types of custody, legal custody and physical custody. Legal custody determines which parent makes decisions for the children in terms of health, education, and welfare. Physical custody determines the time that each parent spends with the children and the visitation schedule. Curtolo Law will guide you on making decisions for custody and visitation with the goal of a happy and healthy co-parenting lifestyle.

To find out how we can assist with your child custody or child support case, fill out the form below.