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Hi everyone, welcome to Family Law Matters. I’m Dr. Michael Mantell, joined by Bonnie Rabinovitch Mantel, who is the owner and managing partner of the Primus Family Law Group. Hi, Bonnie.
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Hi, Michael. And forgive me, once again, I need to remind everybody that you, Michael, are not related to me, Bonnie. Our spelling of our last name is different.
It is just a happy coincidence. A very happy coincidence. And we have known each other professionally and personally, our families and whatnot, for a long time.
And so it truly is, it truly is a wonderful opportunity for the Mantels, however you spell it, to come together. Now, let’s talk about couples that are not coming together, but they’re breaking apart, especially when they’re And they’re not just breaking apart, but they’re breaking children while they’re breaking apart. And that’s the heartbreak, talking about breaking.
So the question that’s come up in the last week or two is regarding child support. It’s a topic that we get a lot of questions about. But what happens when that child support calculator applies and you see some remarkable number that’s like, where is that number coming from? How do couples handle that? And what are they supposed to do when they see tens of thousands of dollars a month for child support that the child support calculator says that they’re responsible for? Well, that happens, Michael, when you’ve got parties making a lot of money.
So this is like the wealthy who are going to get hit with a calculator that spits out a number that no child needs on a monthly basis. I mean, let’s be real. So as you know, Michael, we’ve talked about this a lot.
The calculator is presumptively correct. That is our guideline, which means that the judges usually, most of the time, do not have an ability to change that number. So if the number comes out to $3,000 a month, that’s what you’re going to pay.
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If the number comes out to $5,000 a month, that’s what you’re going to pay. What we’re talking about is when you’ve got wealthy, wealthy parents, like celebrities, you know, making millions of dollars a year, hundreds of thousands of dollars a month. The calculator is going to spit out a number like $20,000 in child support, $30,000 in child support the child doesn’t need.
And in those cases, the person who’s supposed to pay that amount can file and request what is called a deviation from child support. There are very specific grounds that the court will allow a deviation from child support. And one of them is, it’s too much.
It’s just way too much for what the children need in both homes. What about more realistically, you know, the more normal, the average, the more common kind of families that we might see and deal with here in San Diego County. Couples who are earning, you know, $50,000 to $100,000 a year, more maybe, whatever it might be.
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And the child has unique needs, medical needs, emotional therapy needs, special schooling, that sort of thing. That’s part of the calculator. The calculator deals with your income, your time share, and a few expenses like health insurance or property taxes.
Those are very small retirement contributions, and it’ll spit out a number. If your children have special needs, the parents are required to share those expenses over and above child support. So, you’re still going to be ordered to pay $1,000 a month in child support.
Your child has $5,000 in medical needs. That’s another $2,500 out of each of your pockets because you’re required to share those expenses, especially that which isn’t covered by insurance. And just like if the couple was married and that child’s financial needs were significant, they’d have to figure out where’s that money coming from.
When they’re divorced and the income theoretically is in half or whatever it might be, it feels like the pressure, the burden, the financial expectation is even greater, but they still, both parents, have a responsibility to that child, correct? Absolutely. And in fact, parents have a responsibility to maximize their income. So, if they get, for example, an inheritance, they can’t go out and spend $150,000 on jelly beans and then expect the other side to pay top dollar.
You’re going to be either figured out a rate of return or how you’re supposed to invest it, but you can’t just squander it because the court will look at how you manage your money and what you’re doing relative to your children. We both have had cases separately where one spouse will say, I can’t afford it. My business is tanking.
I lost my job. And the other person says, no, no, he or she purposefully did that. And the person says, I’m not paying that.
The kid doesn’t need therapy. The kid doesn’t need braces. The kid doesn’t need, and I’m not paying it.
What happens then? You spend a lot of time spending that money that you didn’t want to pay by going to court and having a judge tell you that you’re going to have to pay it anyway. And this comes back to sitting down with Bonnie Rabinovitch-Mantell or another member of the Primus Family Law Group and mediating, finding some way to peacefully understand those kids’ needs matter. Absolutely.
And unfortunately, while we always promote the mediation and the ability for two grown adults to make their decisions about their finances and their children, unfortunately, a lot of people get stuck in their path and they need a judge to tell them. And if that’s the case, we will zealously advocate for what is right and reasonable in your matter. If people want to talk with you about child support concerns and anxieties, worries they have about this, how can they be in touch with you? You can always reach us directly at 619-574-8000.
And I’d be honored to give you guys a free 30 minute phone consultation to see how we can help. Or you can reach us at www.PrimusFamilyLaw.com. There’s a form you can fill out. And again, we will reach out and schedule that consultation for you.
Bonnie, thanks for another wonderful Family Law Matters. We’ll see you next time. Have a great day, Michael.
Enjoy the sun. Oh, it’s beautiful. Thank you very much.
You too. Bye-bye.