Child support in the State of California is statutory meaning the Court’s must utilize guideline child support calculations based on several different factors. Those factors include the number of children you have in your care, timeshare for the other party, tax filing status and income for both parties, health insurance costs, daycare costs, etc. These factors are then entered into a support calculator known as DissoMaster and a guideline child support amount is generated.
Child support issues and the collection thereof can be extremely complex. Please contact our office for a free consultation which will include an analysis of any potential child support which you may be entitled to. We will not only calculate support in your individual matter, but sit down with you and explain all the variables and how they can affect your child support order. Such preparation beforehand allows you the knowledge to negotiate effectively.
In the State of California, spousal support is discretionary meaning the Court can deviate from guideline spousal support (either up or down) depending on each party’s circumstances.
Temporary Spousal Support
Temporary spousal support can be granted from at the beginning of your case and is usually calculated with the Dissomaster support calculator. Temporary spousal support tends to be higher than permanent spousal support in order to assist the party establishing a new life without their spouse.
Permanent Spousal Support
Depending on your circumstances, permanent spousal support maybe entered at the end of your case (whether by trial or settlement) and is based on a number of different factors set forth in Family Code §4320. These factors include the length of your marriage, the age and health of the parties involved, as well as your marital standard of living.
Duration of Support
In respect to the duration of support, this will depend on the duration of your marriage. A marriage of long duration is generally described as ten years or more. In marriages of short
duration (less than ten years), the rule of thumb in the State of California is one-half the duration of the marriage.
Modification of Spousal Support
A spousal support order is subject to modification based on a substantial change of circumstances. A change of circumstances can be any number of things including a substantial change in income, the other party has become capable of supporting themselves, or is cohabitating with a partner, etc. Please contact our office to discuss a modification of your spousal support order today.