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CHILD & SPOUSAL SUPPORT

CHILD SUPPORT

Each parent has a legal duty of financial support for each child until that child turns 18, or 19 if he or she is still a full time high school student, living at home and cannot support himself or herself.

The amount of child support due by one parent to the other is mandated by the State of California via the “guideline” calculator. The primary factors used to calculate child support are each parent’s income, the percentage of time each child spends with each parent, the supported party’s ability to earn, the income taxes each party pays and other deductions from income, such as health insurance and mandatory retirement. While it might seem simple to plug in the factors into the calculator to obtain a result, the issue can become more complicated when a party is self employed and the issue of income available for support is contested.

If you are engaged in child support litigation, contact me today for a private consultation to discuss your options.

SPOUSAL SUPPORT

There are two types of spousal support: temporary spousal support, also known as “pendente lite” support and final or “permanent” spousal support which is the spousal support amount agreed to or ordered by the Court at the end of the divorce process.

The goal of temporary spousal support is to assist the supported party maintain the status quo with an amount sufficient to meet their needs while also considering the payor’s ability to pay. The Court may use the Guideline calculator in ordering temporary spousal support, or simply consider the supported party’s needs and the supporting party’s ability to pay.

Although it is commonly referred to as “permanent” spousal support, a spousal support order incorporated into a Judgment of dissolution or legal separation can be modified in the future and may or may not have a termination date. The Court is prohibited from using the Guideline calculator in determining a permanent spousal support amount, and must evaluate the Family Code Section 4320 factors when setting permanent support, which include:

  • Income (or earning capacity) for each party;
  • Marital Standard of Living;
  • The marketable job skills of each party, or the time and cost necessary for a supported party to undergo job training or education to develop the necessary skills;
  • The extend to which the supported party contributed to the supporting party’s education, training or career enhancement;
  • The supporting party’s ability to pay support;
  • The needs of the supported party, considering the martial standard of living
  • The assets and debts of each party;
  • The length of the marriage;
  • The ability of the supported party to work without interfering with the ability to care for minor children in their care;
  • The age and health of the parties
  • Any documented domestic violence (there is a presumption that the abusive spouse should not receive support from their victim)
  • The tax consequences of the order
  • The balance of hardships between the parties
  • The length of the marriage
  • The balance of the hardships between the parties;
  • The goal that the supported party should be self-supporting within a reasonable period of time, which is generally one-half the length of the marriage (Usually for only short term marriages which are less than 10 years). Long term marriages are more than 10 years on length; and
  • Any other factors the court determines are just and equitable.

The San Diego Courts have wide discretion in setting permanent spousal support orders. In most cases, a permanent support order will depend upon the strategy and financial sophistication of the divorce attorneys involved. We will strategize with you and when necessary, litigate for you to achieve the most desirable results possible.