Child and Spousal Support and How They May Change Over Time
Different kinds of support under California family law are paid under different rules, including those that allow for changes over time. Statutes’ goals are to support those who deserve it, whether children or ex-spouses, but how well that works varies from case to case.
If child or spousal support are issues you face, Castillo & Associates is here for you. Schedule a consultation with our Coachella Valley team by calling us at 800-497-9774. Our family law attorneys are in Indio and serve clients in Palm Springs, Palm Desert, Rancho Mirage, La Quinta, Cathedral City, and Palm Desert.
Child Support
Under Family Code 4050, child support is determined by how much parenting time each party has and how much they earn. Like much of family law, the child’s best interests drive the court’s decision on the amount of child support that must be paid.
Usually, a child shares time with their parents, though the amount of time is often unequal. Child support’s goal is to ensure the child’s standard of living is roughly the same for both parents. If both parents’ parenting time is about the same, child support is ordered to limit the costs of a child living in two homes, and the differences between the two homes are minimal. Though there are guidelines and calculations, they are sometimes inappropriate, so the court will come up with an amount that appears to be fair.
The child support process involves opening a case and setting a court date. At a hearing, if both sides haven’t agreed on what should be paid, they’ll provide evidence of their finances, living arrangements, and the child’s needs. The court will use this to decide a fair child support amount. If an agreement is reached, the judge will review it to ensure it complies with California law.
If you are getting divorced and have a child, this will be part of the divorce process. If the mother is not married or the wife is accused of adultery, the purported father may or may not dispute paternity. If he does, DNA testing will probably be ordered.
Either parent can request the court to change a prior support order. To be successful, the circumstances must change so much that the judge will view the modification as necessary. This may mean the child’s needs or the parent’s incomes have sharply increased or decreased. Possible situations where this may be appropriate include:
- Unemployment or a significant pay cut
- One parent starts earning significantly more
- A parent’s health declines, so they have more medical bills and less income
- The child suffers a health setback, and there are higher medical costs
- The time the child spends with each parent substantially changes
- A parent has another child to support
Child support obligations generally end when the child is 18 years old unless they’re in high school full-time and not self-supporting or are incapacitated and unable to live independently.
Spousal Support
Spousal support (or alimony) can be ordered in different situations. The goal is to help make the recipient self-sustaining. Many factors must be considered when determining spousal support under Family Code 4320. They include:
- The better-paid party’s ability to pay
- The recipient’s contributions to the payer’s education and career
- The couple’s marital standard of living and the need to maintain it
- The property the couple owns
- Their age and health
- The impact of taxes
- Hardships either side may face
Spousal support, or alimony, can start when the parties separate or after the divorce is completed. It can be temporary or permanent (though it can be modified or ended during the person’s life). If the marriage lasted for less than ten years, spousal support usually doesn’t extend beyond half of the marriage’s length.
Like child support, if severe enough changes in circumstances occur, a spousal support order will likely be modified:
- The recipient’s career allows them to provide for themselves
- The payor’s income dramatically increases, so they can afford higher payments
- The payor faces a substantial income decrease or their expenses increase
- The recipient remarries or cohabits with a nonmarital partner
Spousal support can be a very emotionally charged issue during a divorce. It’s better handled through negotiation instead of giving up control of the outcome when a court is left to decide it.
Explore Your Child and Spousal Support Options With Family Law Attorneys at Castillo & Associates
Serving the communities of Indian Wells, Indio, and other cities in Coachella Valley, the Castillo & Associates Family Law Lawyers can guide you through negotiations and litigate your case when needed. Schedule a consultation by contacting us online or call us at 800-497-9774 today.
Attorney Domingo Castillo handles workers’ compensation, personal injury, family law & immigration throughout Southern California from our 5 offices: Indio, Pomona, Riverside, San Diego & Cathedral City. We help clients file injury claims, obtain residency & citizenship, and we assist families through divorce, child custody and all family law matters.
