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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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#225839 - 09/29/09 03:58 PM Re: amount of child support to be paid [Re: engineerDon]
starfish Offline
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Registered: 07/23/08
Posts: 84
Loc: California
wouldn't this fall under "hardship"? On the state of California calculator there is a place to input other children supported.

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#225852 - 09/29/09 06:09 PM Re: amount of child support to be paid [Re: starfish]
justche Offline
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Registered: 07/13/05
Posts: 810
having other children doesn't qualify for automatic hardships - not having a job, and having other children qualifies for a hardship - but doesn't make it so you can continue at full support of the child you want to support, and less for another.

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#225860 - 09/29/09 08:12 PM Re: amount of child support to be paid [Re: engineerDon]
emilyrae Offline
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Registered: 07/20/09
Posts: 417
Loc: Pasadena, MD
I wasn't trying to say one state was more correct than another, or one situation made more sense than another. In all actuality I believe that having a calculator to figure child support is a horrible process. Raising children is never just an issue of plugging in numbers. What one child might cost to raise, another might cost half. Does a child with a parent that makes 100K a year cost more to raise than a child of a 30K a year parent?

I think Bell put it well, we weren't questioning why he was concerned with the older child, we were more comparing the differences in states. How about Texas where the only thing figured into the equation is the NCP income, and who provides health care.

I don't think there is an easy fix to child support, but that doesn't mean the system can't be improved on.

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#225867 - 09/30/09 08:17 AM Re: amount of child support to be paid [Re: emilyrae]
dvd Offline
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Registered: 04/02/07
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"What one child might cost to raise, another might cost half. Does a child with a parent that makes 100K a year cost more to raise than a child of a 30K a year parent?"

But that's NOT ONLY the purpose of CS. CS for a child is NOT just enough amount to raise ANY child in general. It depends DIRECTLY on the parents' incomes and standard of living, therefore, CS can't be the same for every child. It's because a child has the right to inherit his/her parents' wealth/incomes and standard of living and not just enough to survive while the parents are well off. If the parents are poor, then the CS will suffer, too (not enough to survive in some cases -> wellfare).

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#225871 - 09/30/09 08:30 AM Re: amount of child support to be paid [Re: dvd]
Belle5 Online content
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Registered: 05/15/04
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Yeah, good point DVD.

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#225872 - 09/30/09 08:32 AM Re: amount of child support to be paid [Re: emilyrae]
Belle5 Online content
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Registered: 05/15/04
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'I don't think there is an easy fix to child support, but that doesn't mean the system can't be improved on.'

Agreed.

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#225905 - 09/30/09 12:26 PM Re: amount of child support to be paid [Re: Belle5]
Sunshine2 Offline
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Registered: 09/15/08
Posts: 576
I have a friend who has a step-daughter. They have her most of the time. The BF got re-married and had a baby. He petitioned, and won, paying less CS based on the fact he has a new baby with his new wife.

They are in CA.

So perhaps the fact that he pays less because he has a new baby would reflect on your situation.

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#225950 - 09/30/09 05:44 PM Re: amount of child support to be paid [Re: dvd]
engineerDon Offline
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Registered: 01/31/05
Posts: 190
Originally Posted By: dvd
It's because a child has the right to inherit his/her parents' wealth/incomes and standard of living


That is ludacris...they have no such right. Again, think of a married couple, the parents "choose" the child's standard of living. Some parents sacrafice their own wants and needs for their children while others do not. Also, the idea that children would be harmed if everywhere they live is not "equal" is hogwash. Should I buy the babysitter a 50" flat screen so that my child doesn't go without?

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#225951 - 09/30/09 05:47 PM Re: amount of child support to be paid [Re: emilyrae]
engineerDon Offline
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Registered: 01/31/05
Posts: 190
Originally Posted By: emilyrae
In all actuality I believe that having a calculator to figure child support is a horrible process. Raising children is never just an issue of plugging in numbers. What one child might cost to raise, another might cost half. Does a child with a parent that makes 100K a year cost more to raise than a child of a 30K a year parent?


DING...DING...DING...we have a winner!!!

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#225953 - 09/30/09 06:01 PM Re: amount of child support to be paid [Re: Belle5]
engineerDon Offline
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Registered: 01/31/05
Posts: 190
Originally Posted By: Belle5
No Don, nobody missed missed his point...we are simply entertaining theories and trying to learn as why it is relevant in one state and not another.


Belle, My apologies to you. Your posts were all about the law and how it varies from state to state. But, I do believe the original poster had a valid struggle attempting to understand the logic of the laws, which is hard to discern. On any logical level, supporting the first child affects his ability to support the second child.

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