Spousal And Child Support

How Spousal and/or Child Support are determined:

Spousal Support - In many cases where one spouse has income significantly greater than the other spouse, a request can be made for spousal support. California law has a long list of factors the court must consider when making such an order. Some of these factors include the length of the marriage, the ages of the parties, the work history of each spouse, their educational levels, their present health, etc.

Unlike child support, there is no rigid formula the court must follow in setting the amount of spousal support. Each case is handled on an individual basis, taking into account the income and needs of both parties.

Child Support - The non-custodial parent (i.e., the parent that has the child less than 50% of the time) will be ordered to pay monthly child support to the custodial parent. This usually continues until a child graduates from high school or reaches age 19, whichever occurs first. If a child is not in high school, then support usually ends at age 18. The amount of support is based upon the earnings and expenses of both parties and is set by law. Courts are fairly rigid in applying the legally mandated numbers. After all of the required financial data is gathered, we can accurately predict what the court will order.

Other Forms of Child Support - As an additional form of child support, parents are usually ordered to provide coverage for their children with health and life insurance, and also to share in paying any such expenses not covered by insurance (for example: braces, specialty care for disabled children, etc.)

Tax Considerations in Child Support - As a general rule, the parent with physical custody for more than half the year is entitled to use the child's tax deductibility for that year. This can be altered by written agreement and notice to the I.R.S. or by a court order.

If you would like to discuss your case with one of our experienced attorneys then Contact Us today.