FINANCIAL SUPPORT (CHILD SUPPORT AND ALIMONY)
When a couple divorces, the parent who has primary physical custody may be entitled to receive monthly payments from the other parent. This does not only include couples that were married, but other parents as well. Child support will differ by situation, but it is usually based on income of each parent, health care costs for the child, the amount of time the child spends with each parent, and the number of children. Other factors are also considered, including tax filing status, special needs of the child and adjustments to the parents’ respective incomes.
Child support is established through the use of a mathematical formula that has been made law by the legislature. Software programs such as Dissomaster are used to calculate support both by attorneys and the court. Only under special situations can the court deviate from the guideline calculation. If you have questions regarding child support, please contact our office for a consultation.
Sometimes, when parties split up, one party might decide to seek financial assistance,or welfare, from the State of California. This money is not free. The state will seek reimbursement from the other parent for those monies paid on behalf of your child or children. The State of California has established the Department of Child Support Services (DCSS) to provide the establishment and enforcement of orders for Child Support. Our team has extensive experience in dealing with DCSS to ensure that you are treated fairly and that appropriate orders are made.
Spousal Support or alimony is usually one of the key issues in a divorce case. Couples can make their own agreements regarding spousal support, or have the matter decided by the court. If you and your spouse have decided to divorce, our office should be contacted to help mediate a support agreement. Not only does the court prefer that spouses work out their own agreements, it reduces divorce costs and the stress of litigation.
When the court is required to make orders regarding spousal support, many factors must be considered. The first factor is the length of the marriage. A short term marriage is one lasting less than 10 years. In short term marriages, spousal support is based on need, incomes of the parties and will usually not exceed half the length of the marriage. In a long term marriage, one longer than ten years, many factors must be considered and an analysis made by the court as to the appropriate amount and duration of support. This can be a complicated issue and one best handled by one of our highly trained and experienced attorneys.