If you’re like most parents going through a divorce, you’re probably wondering about child support. It’s normal to have many questions about the types of support people are eligible to receive after a divorce in California, from child support to spousal support.
You may find it helpful to talk to a Chino Hills child support lawyer who can give you case-specific legal guidance and help ensure that your children’s rights are preserved.
Spousal support is a hot topic during divorce, particularly when one spouse feels that he or she is entitled to receive it and the other one doesn’t want to pay.
A Chino Hills spousal support and alimony lawyer can walk you through the entire process while ensuring that you are treated fairly in court and out.
Child support is money paid from one parent to another for the care and keeping of the couple’s children.
The family law judge presiding over your case has the final authority to determine the amount of the child support order. In the state of California, we have specific guidelines that govern how child support is calculated.
In order for the court to order child support, paternity must be established. The courts cannot order anyone to pay child support unless that person has been found to be biologically or otherwise the technical parent of the child or children involved.
California’s child support formula is based on each parent’s income, the number of children a couple shares and a number of other factors. Typically, the courts don’t stray too far from the guidelines. However, every case is different, and you should talk to your attorney if you are unsure about the amount of support that will likely change hands in your case.
Spousal support and alimony are interchangeable terms; they mean the same things. Spousal support is money intended to assist one spouse in getting back on his or her feet during and after divorce, which can be helpful if that spouse has not worked in several years or is unprepared to enter the workforce.
When the court is making a determination on whether alimony should be paid, the judge looks at several factors, including:
Because California law recognizes that one spouse may be at a disadvantage during or after divorce, alimony can be a lifeline. The judge will look at whether the partner requesting support has any marketable skills that will enable him or her to get a job, how much time the requesting spouse we’ll need to get the education or training necessary to get a job, and the extent to which his or her earning capacity was impaired during the marriage.
Alimony and child support are completely separate issues. Alimony is intended for a former spouse, while children are entitled to receive support from both of their parents, whether it is financial, emotional, or another type of support.
Money is always a difficult topic during divorce, and many people find that it’s best to work with a Chino Hills child support lawyer who understands alimony and spousal support as well. Your lawyer will be able to help you request the appropriate amounts necessary for you to care for your children or yourself.