The dissolution of a marriage can create financial hardships for both the children and the spouse, particularly when one parent has sacrificed career or educational opportunities to be a full-time parent or homemaker. California law provides a way to ease potential economic difficulties through child and spousal support following a divorce. At the same time, the person who will assume financial responsibilities has the right to a fair determination of their obligations.
At the Fleming Family Law office, we work with clients to help them get what’s right and what’s just. We have found that while most people want to do the right thing, they may disagree on what (and how much) the right thing is.
We invite you to call us at 714-855-1043, toll free at 866-698-3123 or contact our California law firm by e-mail to schedule a free initial consultation with child support and alimony attorney Richard Fleming.
Child Support
The amount of child support a non-custodial parent is required to pay is based on the “Child Support Guideline.” The calculation is what the judge will use to determine what will be owed. Income is not the only factor, other components of the formula include custodial time share, health insurance and shared daycare and uninsured health care costs, the number of children, the parents’ tax filing status and more. Child support continues until age 18 unless the child is a full time high school student residing with a parent, in which case child support will continue until graduation from high school or age 19, whichever occurs first.
Spousal Support
Also referred to as alimony, permanent spousal support is determined by numerous factors, including but not limited to the earning capacity of the parties, the marital standard of living, the age and health of the parties, the duration of the marriage and whether the supported spouse gave up a career or educational opportunities to care for dependent children. While there is not a mandate for spousal support to be awarded in every case, the court will look at the aforementioned factors to determine whether spousal support should be awarded and if it is awarded, how much should be paid and for how long it should be paid. A temporary order for spousal support, or an order that will continue until a permanent award is made, can be applied for by the filing of an Order to Show Cause.
How Can We Help You?
Sometimes, the hardest step can be in just making a call to a lawyer — but it is the right step. Contact an Anaheim family law attorney by e-mail or call us at 714-855-1043, toll free at 866-698-3123 for more information or for a free, confidential lawyer consultation.