Child Custody: Interplay with Child Support

If you are going through a divorce or are an unmarried parent, obtaining adequate child support can be difficult and is affected by the amount of time the child spends with each parent and other considerations. This support will help pay for the necessities that your child requires including clothes, books, schooling, transportation, and more. Finding an amount that both parents agree upon can be extremely difficult and sometimes impossible, especially when custody of children and visitation is not 50/50. When child support is in arrears, the custodial parent may withhold visitation privileges. Handling disputes centering on child support and visitation is an area where Aeschleman Law, PC can help. We will help you negotiate a custody and child support plan that, whenever possible, works for all parties


It is required that parents involved in a divorce who have children undergo mediation with a professional. Because of issues concerning who gets primary custody and how much child support the other parent must pay are sensitive, it is often to the benefit of the parents to decide the terms on their own. With divorces involving infants, one parent typically has a majority of the custody (if not all), solely because of an infant’s need for consistency.

In a child’s later years, the physical custody plan can be changed so that both parents see the child equally. Nicole Aeschleman recognizes that courts do not always foresee such issues and may not draft an appropriate custody and child support plan. This is one of the reasons we encourage cooperative mediation with the assistance of your experienced family attorney.

Determination of Child Support

In California, the Agnos Minimum Child Support Standards Act provides the guidelines that courts use to determine the minimum child support owed to the primary custodial parent. Judges are encouraged to impose a payment higher than the minimum to guarantee that the child’s needs are fully covered.

When parents are unable to agree on a fixed amount of child support, the judge will determine it based on the guideline calculation. This calculation relies on many factors including

  • The amount of time each parent spends with children
  • Visitation travel expenses
  • The amount of money each parent is making
  • How much extra income each parent makes
  • The number of children parents have together
  • Tax filing status of parents
  • Child support from other relationships
  • Cost of health insurance
  • Mandatory fees (retirement, union dues)
  • Daycare costs
  • Educational costs
  • Additional special needs

Parents pursuing child support cases are often able to get financial assistance starting when they file the case requesting child support, when they served the other parent, or from the date of the hearing.

You Are Not Alone

Going through divorce is extremely difficult for everyone involved. Let Aeschleman Law, PC take care of the legal issues surrounding the interplay between infant custody and support. With years of experience, Ms. Aeschleman will aggressively advocate to get you the money that will allow you to provide for your children during this hard time and in the future, with the understanding that maintaining a bond with both parents through a generous visitation or co-parenting arrangement is usually the best for the children. If you live in the San Jose, California area, call us for your professional consultation today. We serve Santa Clara, Alameda, and San Mateo Counties.

Aeschleman Law, PC is located in San Jose and serves Santa Clara, Alameda, and San Mateo Counties. Call us today for an initial consultation at (408) 724-8930. You may also contact us by filling out the form on the bottom of this site.