Putting Your Family In The Best Financial Position To Move Forward
At the Monterey, California, law firm of ANTHONY and MURDOCK, our lawyers are Family Law Specialists certified by the State Bar of California Board of Legal Specialization. We will work with you to negotiate for your best interests and those of your children, or we will go to trial for an equitable spousal or child support agreement.
If later on you need to adjust the agreement due to changes in circumstances or your standard of living, we can help you obtain a modification. We can also help with enforcement actions with the Department of Child Support Services and help you understand the tax consequences of support.
How Spousal Support And Maintenance Works
California spousal support laws are laws designed to attempt to maintain the same standard of living for divorced spouses as they had during the marriage. Spousal support is based on both spouses’ assets and income, but is also awarded for the purpose of recognizing the non-monetary contributions that were made to the marriage. Another purpose is to give an underemployed spouse the opportunity to get further training to enter the workforce and become self-sufficient.
There are several factors that are weighed by a family court in awarding spousal support:
- The standard of living maintained during the marriage
- Which, if either, was a stay-at-home parent
- Who needs further education and training
- What are the needs and ability to pay of the parties
- Age and health of the parties
- Parenting plans
- Tax Considerations
- Any other good reason determined by the court
Temporary Or Permanent Support?
It is the intent of California legislature that every divorced person should become self-supporting within a reasonable time after the marriage has ended. “Reasonable time” has been defined as about one-half the length of the marriage. Most divorced people will be considered self-supporting after that time, except in a long-term marriage (10 years).
Child Support And Child Support Calculations
Child support in California is calculated based on both parents’ incomes and/or earning ability and the amount of time each spends with the child. The court takes into account in its calculation all sources of income, from pensions and annuities to lottery winnings, and makes a determination of the actual income for each of the parents. Noncustodial parent visitation time can, if it is substantial, reduce the amount of child support that one spouse will have to pay to another. This is called the “timeshare formula.” Computer programs are regularly used to determine child support payments.
Schedule A Consultation To Learn More
A spousal or child support attorney from ANTHONY and MURDOCK will help ensure that your income is accurately reflected in the calculations. Our office can represent your interests in both child support and spousal support. Contact a California support lawyer by calling our office at (831) 655-1661.