Anyone who's had a matter in the Probate and Family Court in Sacramento knows that you spend a lot of time waiting around the courthouse to be heard. Being a Divorce Attorney, I often find myself sitting in the hallways of the courthouse waiting. In these hours of waiting, I often hear unrepresented parties discussing their legal matters and I've come to realize that there are a lot of misconceptions when it comes to what the law actually is. I've decided it's time to address these myths, and bring some clarity.

Myth: Having Joint Legal Custody means that each parent is financially responsible for half of everything the child needs.

Truth: Whether or not a parent has legal custody of a child has nothing to do with whether or not he or she has to pay support, or how much that parent will have to pay. Legal custody dictates who gets to make major decisions for your child, like where your child will attend school. Child Support is based on the gross incomes of both parents, and who has physical custody of the child. Support is paid because both parents have a responsibility to contribute to their child's financial well-being, but the court isn't going to order a parent to pay half if he or she can't afford that.

Further, both parents may not be responsible for all of a child's expenses. Child Support is about covering the necessities in a lump sum. Things like food, clothing, rent or mortgage payments. There are plenty of things that aren't considered necessary expenses, or that are covered by orders separate from a Child Support order. There may be separate provisions for healthcare expenses, or extracurricular activities. Often times, when it comes to discretionary spending that the parents don't agree on (for instance, one parent feels it appropriate to buy the child a brand new car and the other parent doesn't agree), the parent who disagrees may not be responsible for any portion of the purchase.

Myth: Whether or not a parent pays Child Support determines whether or not he or she has a right to see his or her child.

Truth: The obligation to support your child and the right to spend time with your child are totally separate issues. A parent who puts his or her child at risk may be required to pay support, even though he or she is not allowed to see the child. Likewise, a parent who cannot pay support may have an order allowing him or her frequent visits. In the Probate and Family Courts, judges are looking at what is in the best interest of the child. Most of the time, this is the child having both of his or her parents in his or her life, making financial contributions at a level they can afford.