Changing family dynamics are reflected in divorce agreements.
The days when Dad had to pay the bills while Mom stayed home with the kids are long gone. It took a little while for family law to catch up, but now we do have a very fair situation where neither parent is automatically given preference in a child custody case based purely on their gender. Instead, the court must always look to the best interests of the child. Families where Mom is the primary breadwinner and Dad is the caregiver are becoming more common, and as a result so are support orders directing women to pay child support and alimony.
Interesting Statistics
According to a 2013 study from the Pew Research Center, women are the primary or sole income earner in 40 percent of all US households with children.
In 25 percent of households with a single mom, Mom provides the sole source of income.
The number of fathers who have primary custody of their children is now 9 times greater than it was in 1960, when the first surveys were done on this topic.
As of 2011, 1 in 6 fathers had primary custody of their kids.
30 percent of these fathers received child support payments.
Men and women are equally likely to skip out on their support obligations—about 30 percent of all parents fail to pay support.
Determining Spousal Support
With gender considerations out the window, courts are free to provide support to either spouse. Typically, whoever was the primary breadwinner before divorce will continue to be so after divorce. However, in cases where it is possible for the supported spouse to eventually rejoin the workforce, spousal support may be given on a temporary or rehabilitative basis.
Determining Child Support
Child support will also typically be paid by the primary breadwinner to the primary caregiver. This is simply how it works out in most cases. However, there are occasionally cases where the person who has been the caregiver does not receive custody of the children and therefore does not require child support.
The amount of child support is based on a variety of factors, which are accounted for the California Child Support Calculation. In general the goal is to ensure that the parent with custody is able to maintain a standard of living equivalent to that which was maintained prior to the divorce, to help minimize disruptions to the children’s lives.
Changing Support Agreements
If you are unhappy with the terms of your current child support or spousal support agreement, changing life circumstances involving your kids, your ex spouse, and yourself could provide an opportunity to update the agreement. For example, if your former spouse has gotten a raise or you’ve lost your job, you could petition for more support. At Kendall & Gkikas, we are here to guide you every step of the way. We’ll do everything in our power to ensure fair and equitable agreements that enable you to provide for the best interests of your children.
