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The Law Office of Brian Don Levy - Divorce Net

Brian Don Levy was admitted to the State Bar of California in 1973, and he has been specializing in family law, civil litigation, business & transactional matters and estate planning since 1973. Mr. Levy has regularly served as a Judge Pro Tem and as an approved Family Law and Civil Litigation Mediator and Arbitrator since 1978. Additionally, Mr. Levy is on the panel of the Los Angeles County Superior Court approved Civil and Family Law Arbitrators and Mediators. Mr. Levy is also a member of the Coalition For Collaborative Divorce, where he provides collaborative family law services. Our spectrum of services includes Paralegal Support Services, Mediation Services, Arbitration Services, Collaborative Divorce Services and Litigation Services throughout Los Angeles County, Orange County, Riverside County and San Bernardino County.

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#224024 - 08/24/09 01:46 PM voluntary support...
smokdU Offline
Member

Registered: 08/16/09
Posts: 11
I have been out of the house for five months now. I have given the X and my two girls an average of $1900 a month (about 50% of my check) since I left. I'm trying to do the right thing for my kids.
My question is this: Do I get any credit for the money I've given her if/when we go to court?

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#224028 - 08/24/09 02:05 PM Re: voluntary support... [Re: smokdU]
LatteFiend Online   content
Expert
****

Registered: 05/18/03
Posts: 719
Loc: Massachusetts
Until temporary orders have been granted (determining how much you will pay for CS), there is nothing you are obligated to do, so whatever you have been paying is basically a gift. If the orders result in you paying much less than the $1900, you're SOL.

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#224032 - 08/24/09 02:43 PM Re: voluntary support... [Re: LatteFiend]
starfish Offline
Member

Registered: 07/23/08
Posts: 84
Loc: California
My STBX gave money before orders. When we got the orders it was origionally said that he owed arrears for that time. I had them redone for credit to him though, as it didn't seem right. Now I almost regret it as he has turned the whole thing into such a nightmare, I could've used that money to pay attorney bills. Oh well, I can put myself to sleep at night knowing I did the right thing.

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#224035 - 08/24/09 03:03 PM Re: voluntary support... [Re: starfish]
LatteFiend Online   content
Expert
****

Registered: 05/18/03
Posts: 719
Loc: Massachusetts
Well, I misspoke somewhat. Most things like this are retroactive to the date of filing. My intent was to say "until someone has filed for temporary orders, there is no obligation". I would be astonished if any family court judge said otherwise.

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#224043 - 08/24/09 04:20 PM Re: voluntary support... [Re: LatteFiend]
justche Offline
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Registered: 07/13/05
Posts: 810
They will ask what you have paid (they will ask her too and she should note what you've paid). You should have proof of it as well.

Our NCP had paid for a year, then nothing for more than a year by the time an order was issued.
The order was set at less than 25% of what he had been paying.

you may want to look here - http://www.childsup.ca.gov/Resources/CalculateChildSupport/tabid/114/Default.aspx and see if you're anywhere close to guideline.

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#224092 - 08/25/09 09:00 AM Re: voluntary support... [Re: smokdU]
Tali_Llama Offline
Superstar
***

Registered: 06/17/03
Posts: 6740
Loc: S. California
Well, in terms of credit for child support in California:

1. All support before a formal filing is made is considered voluntary, and the sign of a good parent. Even better- spending time with the children, which (along with both parents' incomes) direct affects how much child support will be set for.

2. Child support begins once the judge orders it & signs the documents ordering it, and a parent may ask the judge to backdate the order to the date of filing. There is no credit/debit before that point.

3. There is a program on your DCSS (Dept of Child Social Services) website that has a calculator that will tell you how much you should be paying monthly.

Also, if the $1,900 is too much, why not reduce the amount, and take the kids more?
_________________________
Disclaimer:Not actual legal advice!

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#224125 - 08/26/09 12:51 AM Re: voluntary support... [Re: Tali_Llama]
smokdU Offline
Member

Registered: 08/16/09
Posts: 11
Well, some good news. My ex and I met with the Facilitator today, as she felt I wasn't giving her enough voluntary support. So, after reworking the temporary custody agreement so I could have more time with them, the actual (DISSO) CS/SS came out $55/month less than I was giving her! Hey, that's a tank of gas!
I wish I could have my girls 50%, but I work swing shift, so 3 nights a week I'm not home at all. But three four-day weekends a month is better than nuthin'. frown

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