Child and Spousal Support
Child Support is the monthly amount of money to pay to the other parent for the maintenance of the children. The State of California has set guidelines to determine how much money is allotted for child support every month. Either parent can request an adjustment in the amount paid or received, if the circumstances change. Divorce is not the only stuation requiring Child Support. Other situations include:
- Paternity Suits Where Parentage Is Determined.
- Legal Separation.
- Domestic Violence.
The fact that there is a guideline calculation to determine the amount of child support is not, in itself, sufficient to determine the correct amount due from one parent to the other. There are certain factors that need to be considered.
For a free initial consultation to discuss Child Support matters, call our office at 408-292-4849.
Spousal Support/Alimony is a specified amount of money per month that the court orders one spouse to pay to the other. When a couple divorces, if appropriate, part of litigation may include spousal support. The judge considers a number of factors when determining whether spousal support is justified and if so, how much money in support the spouse will pay. The standard of living during the marriage and how long the marriage lasted is weighed against the ability of the spouse receiving support to become self-supportive.
Some of the factors the court reviews include:
- The length of time married.
- The health of each spouse.
- The age of each spouse.
- Amount of income each spouse can earn on his own.
- The expenses of each spouse.
- Who has custody of minor children.
- The ability and time for each spouse to gain employment.
- The employability of each spouse.
- The future earning capabilities of each spouse.
- The length of time support will be needed.
- The history of how the couple managed money during marriage.
- The effect of spousal support on taxes.
Please call our office at 408-292-4849 for a free initial consultation to discuss Spousal Support issues.