VISITATION

     Visitation and Child Support Calculations

     As briefly discussed in the California Divorce information section, support payments are directly tied to the visitation percentage in the State of California. The reason for this is because support is calculated by entering certain “data” or information into a computer program utilized by all California Courts called the “Dissomaster”. Based on the data entered (income, tax filing status, number of children etc.) the program determines the monthly support amount. One of the key variables is “visitation percentage”. This is the amount of time that each child of the marriage spends with the non-custodial parent (generally the party paying the child support).
     Usual visitation schedules for non-custodial parents may consist of every other weekend to as much as every weekend, or even splitting the week in half. School break time is usually split assuming that working parents can work out day care or take time off to care for the child(ren) themselves. Holidays are split and agreed upon between the parties or as ordered by a mediator or Judge. All of these dates and agreed upon arrangements are placed in a “Stipulation” which is signed by the parties and filed with the family law Court. Once the Judge signs and enters the Stipulation, it then becomes a Court Order. Both parties are then legally bound to maintain and follow the visitation schedule. If either party violates the Court Order, they are in “contempt of Court” and can be fined or put in jail if the contempt is pursued in the Court system. Not all parents can come to agreements on a time share arrangement. In these circumstances, the only way a court order can be obtained to outline an eforceable visitation agreement is through an OSC Hearing. It is important that a parent be represented by an attorney at such a proceeding as knowledge of the law, the judge and appropriate legal procedures can make all the difference in your outcome and when and how often you will get to have your children.
     The filing of OSC (Order to Show Cause) documents are usually necessary. A hearing date will be set at the Courthouse, and the parties will go meet with a Court appointed mediator to see if they can work things out with the visitation schedule before going before the Judge. The OSC Hearing is a formal, evidentiary process. Testimony is provided to the judge as well as legal argument. This is not a scenario where a party should be without a skilled attorney.
     Oftentimes, a trained and skilled family law attorney or mediator can get the parties to negotiate and agree on a fair and workable visitation schedule. He or she is not emotionally involved and can guide the parties towards a reasonable agreement. Informal agreements between divorcing parties with children are not wise in that they are not enforceable by law enforcement agencies or the Courts. For this reason, we suggest you always obtain a Court Order regarding visitation.

CONTACT US!  Don’t overpay child support, be denied time with your own children for “ransom” money, or worry about whether you will get a child support payment again. Don’t take chances on such important matters by not securing personal legal counsel.

Whatever the level of your need may be, call the  Urick Law Center. Don’t take chances with your relationship with your children. Call us – 818-227-3378. We can help.

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