Los Angeles Child and Spousal Support

Protecting Your Financial Future in North Bay, California

When spouses divorce or separate, the issue that often raises the greatest anxiety and controversy is how much you will pay or receive in support—whether it be child support or spousal support.

Our firm is well versed not just in the basic issues of support but in navigating and resolving the most complex issues facing spouses and parents in determining the legally and factually appropriate amount of support.

These issues include:

The determination of the amount of business income available for the payment of support;
Identifying and appropriately accounting for “phantom income” when a party is taxed on income that is not distributed by a pass-through entity;
Working with vocational evaluators and labor market researches to determine when, and how much, income should be imputed to an unemployed or under-employed spouse;
The appropriate treatment of equity compensation (options, RSUs, ISOs, etc. ra) in determining income for support purposes; and
Handling deviations from child support guidelines as a result of the payor being an exceptionally high earner.

Need help with child or spousal support? Contact our child and spousal support team in Los Angeles and Santa Rosa today for a free consultation. Call now at (707) 690-9350 or reach out online!

Understanding Child Support in California

Child support is a legal obligation designed to ensure that both parents contribute to their children's financial needs, including expenses for housing, food, clothing, education, and medical care.

When parents separate or divorce, the court will determine the amount of child support that must be paid by one parent to the other based on various factors. California law uses a formula to calculate child support, known as the "guideline formula."

The Guideline Formula

California’s child support system is designed to provide a consistent and fair approach to support payments, ensuring that both parents share the responsibility of supporting their children. The formula considers:

The gross income of both parents
The amount of time the child spends with each parent (custody arrangements)
Health insurance coverage for the child
Childcare costs, if applicable
Other necessary child-related expenses, such as education or medical costs

While the guideline formula provides a starting point, it is possible to modify the support amount in certain circumstances. Our skilled child and spousal support lawyers, located in Los Angeles and Santa Rosa, can help ensure that the calculation is accurate, taking into account all relevant factors that may affect your child support obligations.

Understanding Spousal Support in California

Spousal support, also known as alimony, is financial support paid by one spouse to the other following a divorce or separation. Unlike child support, spousal support is not based on a set formula but instead depends on several factors that the court considers to determine an equitable amount of support.

California law provides two types of spousal support:

Temporary Spousal Support: This is awarded during the divorce process to provide financial assistance to the lower-earning spouse while the divorce is pending. It is typically calculated based on the income and financial needs of both parties.
Permanent Spousal Support: This is awarded after the divorce is finalized, depending on the needs of the receiving spouse and the ability of the paying spouse to contribute. Permanent spousal support is not guaranteed and is subject to periodic review.

California courts will look at a variety of factors when determining spousal support, including:

The length of the marriage: A longer marriage may result in a higher amount of spousal support, as the court will consider the lifestyle established during the marriage and the recipient spouse’s need to maintain that standard of living.
The financial needs and abilities of both spouses: The court will assess the incomes, assets, and expenses of both parties to determine the amount and duration of support.
The recipient spouse’s ability to support themselves: If the recipient spouse has the ability to support themselves through employment or other means, the court may limit the duration or amount of spousal support.
The paying spouse’s ability to pay: The court will also consider whether the paying spouse can afford to provide support without undue hardship.
Contributions to the marriage: Contributions to the marriage can include both financial and non-financial contributions, such as caring for children or supporting the other spouse’s career.

Because spousal support can have long-lasting financial implications, it is crucial to have an experienced spousal support lawyer by your side to ensure that your case is handled appropriately.

Modifications to Child and Spousal Support

Child and spousal support orders can be modified after the divorce is finalized. A party can request a modification of the support order if there has been a significant change in circumstances, such as:

A substantial change in income or financial ability
Remarriage of the recipient spouse
A significant change in the recipient spouse’s financial needs, such as health problems or job loss
Retirement of the paying spouse

Our child and spousal support lawyers in Los Angeles and Santa Rosa can assist you in seeking a modification to an existing order or defending against a request for modification.

Enforcement of Child and Spousal Support Orders

Once a child or spousal support order is established, it is crucial for both parties to comply with the terms set forth by the court. If the paying party fails to make the required payments, the recipient spouse can take legal action to enforce the order.

Some enforcement measures that may be taken include:

Wage garnishment: The court can order the paying spouse’s wages to be garnished to satisfy the support obligation.
Property liens: The court may place a lien on the paying spouse’s property to secure payment of overdue support.
Suspension of driver’s license: In some cases, a court may suspend the paying spouse’s driver’s license to encourage compliance.
Contempt of court: If a paying spouse willfully refuses to comply with a support order, the court may hold them in contempt, which can result in fines, penalties, or even jail time.

Experience that Matters

Our attorneys routinely encounter, analyze, and resolve these and other family law issues relating to determining child and spousal support. That depth of experience and knowledge assist both support-paying and support-receiving clients in protecting their financial futures.

Let our experienced child and spousal support lawyers in Los Angeles and Santa Rosa guide you. Contact us online or call (707) 690-9350 for a consultation today!