Child Support & Spousal Support
How is child support calculated and what is it supposed to cover? What if we share custody?
Child support is determined by a mathematical equation in the family legal code which takes into account your respective financial circumstances and custodial timeshare. Our firm has software to provide you with this information. Get in touch, let us know that you'd like to cover this issue in your consultation, and make sure to bring in your most recent pay stubs (for both parties if possible) and most recent tax returns. Incomes and custodial timeshare are the most important factors used to determine child support.
Can the amount of child support be changed?
Yes. The court always maintains jurisdiction over child support, regardless of any existing court orders or agreements between the parties, as long as a child can be covered by such an order.
What is spousal support/alimony?
Spousal support (also known as alimony) is a form of financial support from one spouse to another. Parties have a legal duty to support one another during marriage and, absent an enforceable agreement to the contrary, that duty extends beyond when a marriage ends. Spousal support orders are intended to try to maintain the marital standard of living in both homes.
What do I do if I want spousal support?
First, you need an underlying action filed (such as a Petition for Dissolution or Legal Separation) and then, if you can’t reach an agreement on this topic in mediation or directly with the other party, the person seeking spousal support files a motion with the court seeking such an order.
Does gender affect spousal support?
No.
How is spousal support calculated?
There are two types of spousal support: temporary (spousal support paid before a judgment in your matter), and permanent (the order that goes in your judgment). Permanent spousal support does not mean that the obligation to pay lasts forever - it’s just how the court refers to spousal support ordered in a judgment.
To determine a temporary spousal support amount, the court relies on software and information about the parties’ incomes and tax liabilities, as well as a few other factors. During your consultation, one of our attorneys can review the range of temporary spousal support that could be ordered in your matter.
The amount, duration, and conditions of permanent spousal support are not as straightforward. If litigated, the court must go through an extensive financial analysis which does not rely on a simple software calculation (as with temporary spousal support). This litigation can be expensive and cumbersome, so parties often settle the matter of spousal support themselves - usually with the assistance of a mediator or through attorneys.
Does spousal support affect my taxes?
If your spousal support order issues on January 1, 2019 or later (and doesn’t meet the IRS standard for modification of a prior deductible order), it has no federal tax consequence.
For California state taxes, spousal support payments are tax deductible by the payor and reportable as income by the recipient.
How long will spousal support orders last? What if I am receiving spousal support and I get remarried?
In almost all cases, a spousal support payor’s legal obligation to provide financial support ends if the recipient remarries.
Aside from remarriage, the duration of a spousal support order varies based on the circumstances of each matter. To get an idea of what kind of duration you might be facing, please contact us and schedule a consultation with one of our attorneys to discuss this issue.
Can my spousal support be changed after a divorce is finalized?
This will always be determined, in part, by the language of your spousal support orders. If the order is modifiable and one party experiences a significant change in financial circumstances, a change in spousal support orders is possible.