One of the fundamental characteristics of a family is that members are typically economically interdependent. A separation or divorce may set in motion a need for ongoing support:
- Child support paid by the parent with higher income and/or less time caring for the children to the other parent with lower income and/or more day-to-day responsibility for the children.
- Spousal support is not automatic and is a benefit awarded to one party depending on the specifics of a case.
Get The Right Amount Of Child Support Nailed Down
If there are minor children in a marriage, the question of child support after divorce is not “if,” but “who pays” and “how much.” A state calculator typically determines the amount of child support that one parent will pay the other.
Sometimes, there are reasons to petition a family law judge to deviate from the standard formula such as when a child has special needs. And sometimes, it is challenging to arrive at each parent’s actual income, especially if either or both are self-employed. Hidden assets and complex income streams (such as fluctuating business income) can complicate matters.
Certified Family Law Specialist Justine A. Dell has ample experience helping divorcing couples as well as unmarried parents through the processes leading to a fair child support order. Negotiations or mediation may be sufficient to resolve the issue of child support. When disputes are more challenging, she is prepared to take a case to trial as necessary.
Determine Whether — And How Much — Spousal Support Is Appropriate
There are two types of spousal support, temporary and permanent. The intent of temporary spousal support is to maintain status quo. Temporary spousal support can be determined by using guideline calculations as is done with child support. However, permanent spousal support will not be determined in the same way.
State laws list factors that go into determining whether spousal support is called for and if so, how much. Factors include the earning capacity of each party, the ability to pay alimony, the duration of the marriage, and the age and health of both. Spousal support or alimony may also be determined in part by “the extent to which the supported party contributed to the attainment of an education, training, a career position or a license by the supporting party.”
Even if spousal support is a reasonable expectation, a divorcing couple may decide to forgo it in exchange for some aspect of property division. Mediation is often an effective way to settle the question of spousal support without overspending on legal fees.
At the Law Office of Justine A. Dell, we help clients consider all factors related to spousal support, such as tax implications. Fully informed individuals are ready to make good decisions for their own futures.
Contact Family Law Attorney Justine A. Dell Regarding Support Issues
Call 714-832-1530 or send an email to schedule a consultation with an experienced lawyer regarding child support or spousal support in California. We can advise and assist with settlement negotiations, mediation, litigation, enforcement actions and support modifications.