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Understanding how child support is calculated in adoption cases is critical if you have an adopted child and you’re going through a divorce. You want to ensure your child receives what is fair and just and that they are suitably cared for financially, which is why many parents speak with an experienced child support lawyer in Arcadia. Whether you are asking for support or maybe the one asked to pay for it, remember that adopting a child means stepping in to fill the shoes of the biological parent. That means you have all the parental rights, but you also have all the financial obligations. What Do the Courts Look At? As an adoptive parent, you have the same financial obligations as a biological parent regarding the calculation of support, and these issues often arise alongside child custody and divorce proceedings. According to established guidelines, the court will look at several factors to determine the amount of support. Among those factors is your income. There are many types of income, and it’s possible to discuss the issue in depth. But in most cases, what matters is that the court will look at your income vs. the income of the other parent. Then they will put those figures into the calculation to see how much child support should be paid, and to which party. Your Taxes Play an Important Role Your gross income, which means the income you receive before taxes, is what the court will look at. However, income can be reduced through some types of deductions. For example, you may have required dues for the union you belong to or mandatory retirement from your paycheck. You might also pay some expenses for the child, such as health insurance. If so, you’ll get those things as a tax break or a deduction in the support you’ll be asked to pay. How you file your taxes also matters. The courts will look into tax factors such as: Whether you file single, head of household, married filing jointly, or married filing separately If you claim the child on your tax exemptions, giving you a tax break You have more disposable income when you claim a child on your taxes and receive a tax break. That can mean you could be asked to pay more in support. However, if the other parent claims the child and receives the tax break, they get the benefit. That means you could pay less in support since they’re benefiting from their taxes, and you aren’t. The Bottom Line for Child Support in Adoption Child support for adopted children is treated the same as support for biological children. But every case is different in its specifics and details. If you have questions or want more information about support for your adopted children in a divorce case, we offer an initial consultation. Give us a call, or contact us online, so we can sit down and address your concerns and explain how our child support lawyer in Arcadia can assist.  

COVID-19 has created a lot of new situations for parents, especially those who share custody after a divorce or court-approved child custody plan. Parents might not have ever thought about whether they would have to agree to give their child a new vaccine. They also might not have ever considered that a child would have to quarantine with one parent or the other. Now, COVID-19 is forcing parents to ask hard questions, such as: Does my child still go to visitation with their other parent if the child has COVID-19? Does my child need to skip visitation to quarantine with one parent if someone in the family was exposed? Can visitation or traveling to see the other parent be rescheduled informally (without a court order)? Because everyone is facing these issues for the first time, many of these questions do not have clear answers. However, parents can rely on some general rules to help guide what they should do in these unique situations. General Rule: Follow the Parenting Plan When you have shared legal custody of a child in California, you are required to develop a parenting plan. That parenting plan will set out visitation schedules and address many “big picture” items regarding raising your children together. Many plans also address how the parents should work together if the visitation plan needs to be rescheduled. You should remember that the parenting plan is a court-approved document. Not following the plan can get you in trouble with the judge if the other parent challenges your actions. Changing the Parenting Plan You can change a parenting plan by formally requesting a change with the court. However, formal requests to change the plan are generally only used to ask for permanent changes. Any change that you request based on COVID-19 is likely not going to be permanent, so asking for a formal change might not make sense. If you and the other parent can work together to informally change the parenting plan to adjust for COVID-19, that is often your best option. However, you may want to document that both parents agreed to the change so that the other parent cannot come back and complain that you violated the parenting plan later. When Matters Cannot Be Resolved: Getting the Court Involved You can ask the court to approve a change to the parenting plan that stops or limits visitation because of COVID-19. However, the court will review any request like this very carefully. The judge might ask questions like: Has the child been tested? What was the result? Have the parents been tested? Are the other members of the household vaccinated? Are there any underlying health conditions that make exposure more dangerous? Ultimately, the court will always do what is in the child’s best interests. In most cases, visiting with the other parent will be in the child’s best interests, regardless of COVID-19. However, there are exceptions to every rule. Keep in mind that the last thing you want to do is present your issue to the court and come off as a parent trying to take away time from the other parent without a legitimate reason. If you have concerns about visitation and COVID-19, set up an appointment with our office to further discuss your options.   [yotuwp type=”videos” id=”qX1tzI3r1bA” ]