Child Support/Spousal Support

CHILD SUPPORT & SPOUSAL SUPPORT

 

CHILD SUPPORT
California uses strict formulas to determine child support. Los Angeles County uses the “Santa Clara Formula”. Child support is based upon a number of factors. The most important factors in determining child support are percentage of time spent with the child and income. The more time a parent spends with their child the less child support they will have to pay. Other factors to consider by the court includes how many children the parents have together, the tax filing status of each parent, and other circumstances.

Child support is usually paid by the non-custodial parent to the custodial parent to contribute to the cost of upbringing of the child or children. The custodial parent is the parent with whom the child resides the majority of the time. If the child resides an equal amount of time with each parent, the parent with the lower income may still be entitled to child support.

Child Support can usually be first established on a temporary basis, when a divorce action is first filed. Temporary support can be established through an agreement between the parties or through a “pendente lite” order by the court. A “pendente lite” or temporary support order is usually made during a hearing. If the parties do not come to a permanent agreement on the terms of support a trial will be necessary and the court will make the permanent support orders. Following your divorce proceeding, child support can always be modified based upon a change of circumstance from the previous support order. In many instances, parties go to court years after a divorce to get their support orders modified.

 

SPOUSAL SUPPORT
If you make more money than your spouse, you will likely end up paying him or her spousal support. It’s true whether you are a man or woman, so a wife could end up paying her husband spousal support if she has a higher income than him. The amount of alimony is determined by your income and your spouse’s income. In California, courts may also consider income potential, in certain situations. Income potential takes into consideration what a person should be making, or what they previously have made. And the length of time that a party is required to pay alimony is usually determined by the length of their marriage.

Generally, spousal support will continue for half of the length of the time of marriage, unless it is considered a long term marriage. A long term marriage or a marriage of “long duration” is one that has lasted for 10 years. In a long term marriage, a court retains jurisdiction indefinitely on the question of spousal support.

There are fourteen factors in California Family Code §4320 that are used to determine spousal support (alimony). These factors are considered in the calculation of spousal support. Some important factors are the standard of living established during the marriage, history of domestic violence, ability to pay spousal support, duration of marriage, and age and health of the parties, duration of marriage, education, job skills or occupation of each party, earning capacity, etc.

It is important to remember that the calculation for spousal support is more fluid and flexible than the calculation for child support.

Spousal Support can usually be first established on a temporary basis, when a divorce action is first filed. Temporary support can be established through an agreement between the parties or through a “pendente lite” order by the court. A “pendente lite” or temporary support order is usually made during a hearing. If the parties do not come to a permanent agreement on the terms of support a trial will be necessary and the court will make the permanent support orders. Following your divorce proceeding, spousal support can always be modified based upon a change of circumstance from the previous support order. In many instances, parties go to court years after a divorce to get their support orders modified.

 

CONTACT KAZIMI LAW FIRM TO SET UP A FREE CONSULTATION
Perhaps the most important reason to retain or consult with a divorce attorney or family law attorney is to have some peace of mind during what can be a very stressful and emotional time in a person’s life. A divorce, separation, or custody dispute can be difficult enough, without having to deal with the requirements of court procedure, filing the right forms and declarations, and researching legal issues. Having an experienced attorney on your side can help you navigate the court system and protect your rights and the best interests of your children. Kazimi Law Firm strives to help clients reach resolutions they are happy with while avoiding stressful and drawn out legal fights. However, we are always ready to do what is necessary to insure the right outcome for your case. Please contact us to discuss your family law matter and to set up a free consultation.