Is my divorce final 6 months after the Petition is filed?
NO! Divorces do not automatically become final just by the passing of time. You must make sure that a Judgment of Dissolution is entered with the court. We can assist you with the preparation of the Judgment paperwork.
Can my child talk to the Judge?
Generally, the answer is no. There are some exceptions where the judge might talk to a child. Usually, however, a child's voice is heard through a therapist or by way of an interview with a family court mediator or evaluator.
Can my child decide which parent he or she want to live with?
Generally, the answer is no. There is no magical age in California where a child gets to decide which parent he or she wants to reside with. Judges are required to consider the child's best interests, which may or may not be aligned with the child's desires.
How much child support will I get (or have to pay)?
Child support in California is based on an algebraic formula which is set forth in Section 4055 of the California Family Code. The most important factors with regard to the calculation of child support is the gross incomes of both parents and the amount of time that each parent spends with the child(ren). The Sonoma County Court uses a computer software program called Dissomaster to calculate child support. To get an idea of how much child support you will receive (or pay) please consult an attorney who has experience using Dissomaster.
How does the court calculate the amount of time that each parent spends with the child(ren)?
As stated above in #4, the amount of time that each parent spends with the child(ren) is an important factor when it comes to calculating child support. It is also important when child custody disputes arise. Therefore, it is VERY important to keep a detailed journal, log, or calendar of the time that you and the other parent spend with the child(ren). Memories fade over time. If you find yourself in court trying to justify your percentage of custody, your calendar will be invaluable. There is no set method by which the court calculates custody timeshare (overnights, days, half-days, hours, etc). Your calendar should be as specific as possible so that you can present your timeshare figure to the court in whatever fashion the judge requests). You will keep this calendar until your children turn 18 and graduate from high school. You never know when you might get called into court and have to justify your custody time. Lastly, keep the calendar in a private place. Your child(ren) do not need to know that you are keeping track of the other parent's custody time.
How long does child support last?
The obligation for each parent to support their child(ren) continues until their child(ren) turn 18 and graduate from high school. If you have a disabled child, your support obligation will continue.
