Obtaining support orders or defending support requests
Getting the Financial Support Your Family Needs
One of the largest and most significant areas of a divorce includes child support, spousal support, and family support.
Child support in California is calculated using a computer-based guideline formula, which takes into account the parties’ respective incomes, custodial timeshare, deductions, and tax consequences, among other things. There are some cases which may warrant a deviation from the guideline, and various factors that can affect the guideline calculation. We can assist you in calculating the guideline formula, and advise you whether a deviation from guideline may be appropriate in your case.
Spousal support after the end of a marriage is calculated based on consideration of a number of factors, including the length of the marriage, the age and health of the parties, the parties’ expenses, each party’s earning capacity, a spouse’s impairment of earning capacity to focus on household duties and to raise minor children, whether domestic violence occurred during the marriage, the parties’ respective assets and incomes, tax consequences, and the balance of the hardships between the parties. Although there is technically no “guideline” for spousal support as there is for child support, often while the divorce is pending, the court will calculate spousal support using the computer-based formula. The length of spousal support may differ depending on whether the marriage is a long-term or short-term marriage.
The state of California allows both child support and spousal support to be included in one payment known as family support, which is less common but still an available option. Under a family support order, the child and spousal support are combined as one payment and there is no distinction made regarding how much of the money should be used for children, versus how much is directly for spousal support.
Learn How an Experienced Support Attorney Can Help
The issue of child support and spousal support will impact both spouses for years, or even decades. Contact an experienced divorce attorney today at the Law Offices of Lisa R. McCall, A Professional Corporation, at 714.644.8760 or online today to schedule a consultation, and learn how to ensure your legal rights are protected in all areas of your divorce.