From the category archives:

Child Support

Fathers Should Get An Automatic 50% Child Custody

by davidpisarra on September 24, 2008

Here’s an extract from my weekly column,  ”What’s the Point?” which appears on Tuesdays in the Santa Monica Daily Press. Original column here.

 When a man is first told he is going to be a father, naturally the expectations of what the future will look like pop into his head. He may think of fishing trips and baseball games, ballet recitals and happy holiday memories being created. 

At first he and mom, are getting along great, they both agree on what needs to be done to properly raise a child. Mom’s in charge a lot, at first, because of the necessity to breastfeed, attend to the endless needs of a newborn and her own maternal instincts. This works at first, but it also sets a pattern for dad’s relationship with the child. Mom’s in charge and dad does what mom says to provide for the growth and well-being of the newborn. 

That pattern continues, and hopefully in healthy relationships the parties begin to equalize as the baby becomes a toddler and mom can back off and dad can take on a stronger role.

But not always. Sometimes, the relationship stays imbalanced, those are the ones I think I was seeing this weekend – the detached fathers who have stepped back from an active role in their family, and that’s a shame. They should be contributing and directing the growth and setting the boundaries for their children as much as Mom, if not more.

Sometimes a divorce happens. Then the parties have to come up with a written agreement on how to parent their child. Most parents don’t have too much conflict over this. Thanks to a common heritage, or at least a common set of desires, the Parenting Plan can fairly easily be agreed to. Mom gets Mother’s Day, Dad gets Father’s day, they alternate the big holidays, etc. 

Sometimes though, there is the Grand Battle Royale. Where one parent doesn’t want to share the child. Usually it is mom, who is too attached to her child, and she feels that Dad is a bad influence, lacks parenting skills, is too indulgent, or too strict, “he never shows up on time, he never returns the child on time”, and the most common complaint is that “he has a new girlfriend who is inappropriate.”

This is where the Parenting Plan becomes the roadmap of your relationship, not only with your child, but with your ex. The Parenting Plan will determine when you as a father have time with your child. If you have a cooperative ex, this can be a very flexible agreement, as simple as, “we’ll share the kids”, other times you need to have an excruciatingly specific plan.  This plan will determine how much, how long and how often you have to interact with your ex and your child. If she’s still angry and bitter, the more specific the plan, the easier it will be to have a court, or the police enforce it, and that means the fewer headaches dad will have.

Married dads don’t get to spend a lot of time with their kids, divorced dads get even less. There are few years in which a father has the opportunity to have any long lasting positive effect on his children, he should spend what few hours he has, really making a difference. That’s why I think that more fathers should step up to the plate and take a stronger role in their children’s life. It should be mandatory that if you divorce and have kids, you automatically have the kids 50% of the time.

That wont be popular among many divorced moms, partly because they are still angry, and for some, because they don’t want to see a reduction in their child support. But the reality is that, as a society, we need to have more men, acting like men, and teaching their children what it means to be a man, and that includes their daughters. So that they know what to expect of their future spouses.

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How To Pay For An Attorney When You’re Strapped For Cash

by davidpisarra on September 19, 2008

We all know the joke about why divorce is so expensive - because it’s worth it. 

Living in Los Angeles, everything is expensive, and these days cash is getting tight for many people. As the cash crunch gets tighter more relationships are breaking up. When couples start fighting over money, usually the lack of it, the divorce is not far off.

It is at this critical time that you most need to have the advice and counsel of a good lawyer, one who is experienced and knows the courts, which means they are going to charge for their time. Time is how an attorney charges for their knowledge. 

In California clients can hire family law attorneys and give them what is called the Family Law Attorneys Real Property Lien. This is a way for you to access your home’s equity, without having to put out too much of your cash today. Frequently lawyers will take a case with a smaller retainer, if they have the protection of the Family Law Attorneys Real Property Lien.

Think of it like a home equity line for your defense. It’s a way for you to get the representation you need today, to make sure you have something left tomorrow. The way it works is you and your attorney agree that they will be paid out of your half of the community property equity in the home, if you don’t pay your bill otherwise.

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Changing Child Custody - The Uphill Battle

by davidpisarra on September 18, 2008

Here’s the deal - the Courts are lazy. Especially in child custody and visitation matters.

Not that they don’t want to work, but they don’t want to change things too much. They like the status quo, the situation as it stands, keep things calm and even. There’s a reason for this, and it almost makes sense. They know that kids need to have stability, and if you’re in the middle of a divorce or a bitter child custody battle, changing things all the time is not good for the children.

The court in general does not want to interfere in the lives of the people in front of it more than it has to. The more specific an order has to be, the harder it is on the judge, but also, it takes away from the realities of life. When an unexpected situation occurs, and it always will, the court wants the people involved to be able to cooperate and be flexible, to find a resolution that will work, without the court involved.

Sometimes that is possible, sometimes not.

This is why in some child custody cases, we have very short Parenting Plans, and other times, every possibility is covered, and it is still not enough.

So what does it take to change Child Custody? Generally it takes a “material change in circumstance.” That means something big has to have changed in either the child’s life, or the parent’s life. For example, Mom got a new boyfriend and they moved in together and he’s a violent alcoholic, or little Bobby is switching up to high school and it’s closer to Dad’s house.

Many times the child wants to live with dad, and depending on their age, that may be enough, if the situation is a healthy one and they are not simply rebelling at mom’s discipline.

But the bottom line is it is an uphill battle, because as mom’s custodial time goes down, so does her child support, and that is frequently her reason for fighting a change in custody. That, combined with the courts resistance to change, makes changing child custody an uphill battle.

This is also why some moms use Parental Alienation to increase their hold over their kids. It’s a brutal, emotionally traumatizing action, and it effects the child as much as it effects the dad.

Child custody battles are not right, fair or even intelligent, but they are the way they are. And men need to know the facts about changing custody and visitation, and to fight for their rights on those grounds.

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CHILD SUPPORT ADVICE

by davidpisarra on September 10, 2008

When it comes to Child Support, it’s a hot issue for men. They have to pay, but have no control over how it is spent, that is a constant source of complaint for men. Mom uses “my kids money” for her nails, her hair, or her yoga. Well, sorry bout that, but there’s nothing you can do. So with that in mind, here are three things you CAN do: 

1) PAY BY CHECK - Checks are important because they give you a permanent record of what has been paid. Cash, and Money Orders are easily forgotten about, lost, and don’t have a paper trail. Keep your old, cancelled checks until you have signed release from the mom that you have paid all your child support, and I mean ALL.

2) BE CLEAR IN YOUR AGREEMENT WHAT YOU PAY FOR -  The court will make you pay support, because it goes for things like food, utilities, clothes, but you need to be clear on what you must pay for “In Addition” to the child support.

3) ACCEPT THAT YOU MUST PAY IT - You don’t have a choice over how it is spent, it’s is Mom’s to do with as she needs. You’re better off just making sure you pay it on time, keep a record and forget about it. If your kid needs something, and mom’s not buying it, man up and do it yourself without complaint.

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Parental Alienation - What is it?

by davidpisarra on September 9, 2008

The topic of Parental Alienation syndrome is a hot button issue, and frankly what side you come down on, is very much determined by whether you are the parent who is trying to destroy any relationship between your kids and your ex, or whether you are the ex.

In a nutshell, it is when a parent, usually the mother, tries in subtle, and sometimes not so subtle ways, to create a wedge in the relationship betwen father and child. Professionals across the spectrum argue over what constitutes it, but a great resource for a parent who is concerned, is www.breakthroughparenting.com, Dr. Jayne Majors is an expert at spotting it, and giving men the tools they need to combat it.

Here’s an example of what a mom does  that is TEXTBOOK PARENTAL ALIENATION, “Susie, I want you call me as soon as you get to daddy’s house. You know you can ALWAYS call me if you need me.”  ON the surfact this looks like mom is just being a concerned mother. but the underlying message is that “Dad’s is not a safe environment for you and I’m concerned for your welfare.”

Many judges, lawyers, therpasts, counselors and evaluators will not see this as an example of PAS, but when comments like that pile up, it begins to create a wedge between child and parent. The goal of the alienating parent is to destroy the relationship between father and child, so that in a child custody case, full custody is given to mom in contravention of the father’s rights.

This is a big topic and it covers manys subject areas, many of my posts are tagged with PAS, as they all relate to it somehow.

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THE CATCH-22 OF CHILD SUPPORT

by davidpisarra on September 9, 2008

In the world of raising children, Moms get the right to decide if they are going to have a child, usually they decide how to raise the child, and dad gets to pay - no matter what.

Moms always have two main complaints, 1) “He’s a terrible father - he never spends any time with his child,” and 2) ”Child support doesn’t even begin to cover all the costs of raising a child.” It’s the Catch-22 of child support.

Child Support doesn’t cover the costs of having a child in your possession - everyone agrees on that, which means that it is more expensive to support the child when they are in your care. So when Dad wants to take a bigger, more expensive role, in his kids life, mom says it is only to LOWER his Child Support Payments? Yes, that is how the argument goes, because it would lower his child support payments to her, but not what it costs him.

You’d think that when a Dad steps up to the plate and wants more custodial time with his child, Moms would jump at the chance to have Dad shoulder more of the burden - you’d be wrong. Mom’s argument now becomes, “He’s only doing it so he doesn’t have to pay as much child support.”

The choice for men is either be a good Dad, pay more money and ignore the complaints of Mom, or be a bad Father, pay less money and ignore the verbal abuse from Mom.

MORAL OF THE STORY: You’re going to be labeled a “bad Dad” no matter what, either you don’t spend enough time with your kids, which mom will fight you on, or you don’t give her enough money, so do what is right for your kid - be there for them. And pay your child support on time.

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THE MOST IMPORTANT CHOICE FOR MEN

by davidpisarra on September 8, 2008

My mother used to say that “rich people have property, poor people have children.” Many a pundit on the right will speak of the “richness of love” that children bring, particularly in the heat of an argument about the abortion rights. This line of argument tends to bring more heat than light, and serves merely to ramp the rancor to such a degree that both sides end up heavily fortified in their respective positions completely disclaiming anything that the other side has to offer of value.

No matter where you stand on the abortion rights spectrum, and it is certainly a spectrum, not matter how much both sides try to portray it as a simple, either or proposition, the issues that are being dealt with, are life changing for all involved. Which is why I am so disappointed at the intellectual dishonesty that occurs on both sides of the debate.

On the Pro-Choice side, I believe it is intellectually dishonest to say that the only life that is effected by an abortion is that of the mother. Patently that is false. It takes at least two to make a baby, and certainly the father has some rights in this debate, since he clearly will have responsibilities should the pregnancy go full term. Since we will require of him 18 years worth of child support, it seems to me, that he has an interest in this pregnancy.

On the Pro-Life side, it is equally as dishonest to say that every life counts, but we shouldn’t be teaching how that life comes to be, or providing the means to prevent it from accidentally occurring. If one truly believes that every life should be saved, then we should be making sure that every life is a wanted life, coming into this world with a set of parents that are at least desirous of the child, if not prepared.

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BIG DADDY and the PSYCHO!

by davidpisarra on September 6, 2008

Big Daddy is a bear of a man, 6′2″ and 290 pounds. His ex-wife, after their marriage of 2 years, decided that even though he was good enough to sleep with, marry, father a child with, and take his money, he just wasn’t good enough to be a father to their 2 year old daughter.

Mind you, he had THREE other children, by two other wives. BOTH of whom he vacationed with, and stayed with, and whose new spouses even liked him.

Psycho, who was the one that wanted to divorce him currently, says that even though they both did drugs, and both drank too much, he was the alcoholic/drug addict and he should not be allowed near his daughter. She’d take the child support money though. [click to continue...]

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Celebrity Hook-Up Baby For David Spade!

by davidpisarra on September 4, 2008

Looks like David Spade has a new role in his life as father to a baby girl!! After a “brief relationship” he now gets to pay child support for 18 years! Good thing for him, he so super successful!

Best wishes to the new father as he embarks on this Father-Child Relationship.

Here’s the People Magazine Article: http://www.people.com/people/article/0,,20223260,00.html

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Moms Don’t Have To Account For Child Support - Dads Do!

by davidpisarra on September 2, 2008

Child custody lawyers hear it all the time, “I hate my son’s mom - she’s a liar, cheat, thief, and a slut.” We get to hear all the ugly tales of how two people “hooked up” for a night, and now it’s a lifetime commitment of fatherhood with a woman you didn’t really know, and don’t really like. 

“She takes the child support I pay and gets her hair and nails done, and my kid is going without new shoes.” Yup, it’s an old story. Mom only wants the money you pay, for herself.

Sometimes.

Raising a child is expensive, and most child support doesn’t really cover all the high costs of child rearing. But, once a man has “hooked up” with a woman, and she’s pregnant, he’s on the hook for child support, and how she uses it, is her choice.

Moms Don’t Have To Account For Child Support - Dads Do!

No court will make her account for how she spends it. It’s only in the rare cases, like in Kirk Kerkorian’s child support battle, where the lifestyle of the mom, influences how much money dad pays. In Kerkorians case, mom was trying to get as much as possible from the billionaire, and claiming that the child had to have hundreds of thousands of dollars a year in support, which was absurd when she was a toddler.

But some moms think of dads as living ATMs, and there is really only one way to fight this, a father needs to have as much custodial time as possible if he wants to reduce the amount of child support he will have to pay. 

The sad facts are that, once a man has made a woman pregnant, he has a responsibility to the child, not necessarily the mom. He has to account for, and be able to prove all the payments he’s made, she doesn’t have to account for how she spends it.

As a father, men have  a role to play in their children’s lives, and the courts recognize it, and it goes beyond just paying child support. Men as dads should be a positive force in their child’s life.

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