Money matters are always a major concern in any divorce proceeding. There is no denying the potential financial implications for both spouses in these matters. California law has a number of provisions designed to ensure that both of the spouses and their children have the financial support necessary to accommodate their basic needs once the divorce has been finalized.
There are a number of factors that the court will consider in determining child support and spousal support orders, and the process can become extremely complex. It is important that you have an experienced lawyer who knows the law and has the ability to protect your interests in these matters.
At Contreras Law Firm, we represent clients on all sides of these cases. Whether you are seeking support for yourself or your child, or you will likely be the spouse ordered to pay support, we will do everything in our power to obtain the best available outcome on your behalf.
Child Support In California
California law provides a set of statutory guidelines to determine child support. The court will determine the amount of child support to be paid by one parent (or both in limited circumstances), based on the following factors:
- Monthly salary of each parent
- Number of children both parents have (together and separately)
- Health insurance expenses
- Day care expenses
- Cost of school and other daily living expenses
The court may additionally look to outside expenses, especially in unique situations such as a child with a disability who needs ongoing in-home care, or children who attend private school and have grown up in a certain lifestyle. While no one factor is determinative of another, a judge will consider the salary of the non-custodial parent up to a limit.
Parents can additionally come to their own agreement in the amount of child support one parent pays each month. This number can be amended in the future if any circumstances change, such as the parent losing a job, or a unique situation occurs to the child.
Spousal Support In California
Sometimes referred to as alimony, California provides for spousal support under state law. Similar to child support, California provides guidelines to help determine the level of spousal support that should be paid, if any. Spousal support may either be temporary or permanent. Temporary support is ordered while a divorce is pending and does not expire. Permanent spousal support is based on a list of factors, including the following:
- Length of marriage
- Standard of living during marriage
- Education or career of both spouses
Spousal support is enforced to ensure that both spouses are able to maintain a suitable standard of living after a divorce and typically bridges the gap between the divorce and the length of time it takes the recipient spouse to find employment. The typical presumption is that, for a marriage under 10 years, one spouse will pay the other spousal support for one-half of the length of the marriage. There is no time limit for the length of time one spouse pays spousal support for a marriage over 10 years.
Contreras Law Firm | San Diego, California, Family Law Firm
For sound representation in the areas of child support and spousal support, do not hesitate to contact Contreras Law Firm. We work tirelessly to see that any support order is fair and suitable to your situation.
Contact our San Diego office today for your free attorney consultation.Back to Top