When you’re going through a divorce, your children are always at the forefront of your mind – and if you’re like most parents, you have questions about child support. That’s perfectly normal. You may find it helpful to talk to a Claremont child support lawyer who understands your situation and who can give you case-specific legal advice.
Spousal support is an often-contested aspect of divorce, and it’s also one of the most misunderstood. If you feel you should be entitled to receive spousal support, or if you feel that you shouldn’t be paying it, make sure you discuss your concerns with a Claremont spousal support and alimony lawyer as soon as possible.
Kids in California are entitled to support from both of their parents. Support can be financial, emotional, or another type – but the law insists that parents take responsibility for their children.
Child support is money paid by one parent to the other parent for the care of the couple’s children. The parent who receives child support may use it for the children’s needs, including rent, food and other expenses.
Legal parents must pay child support for their children. However, in some cases – particularly those in which the parents were not married or there is a question about paternity – it is important that the parties establish paternity as soon as possible. The courts cannot order child support without a valid establishment of paternity.
In most cases, the parent who has the children for the majority of the time will receive child support. However, custody and support are two separate issues, despite the fact that custody affects support.
The state of California has specific guidelines that help courts determine the amount of child support that one parent must pay to the other parent. The guidelines takes several factors into account, including:
Typically, the courts do not stray from the guidelines; California’s child support guidelines are designed to be versatile enough to determine the appropriate amounts for all income levels.
Once the court issues a child support order, it is legally enforceable.
Alimony and spousal support are interchangeable terms. They both refer to court-ordered payments from one spouse to another for the purpose of ensuring that one spouse is not left destitute.
While it is possible for couples to agree on the amount of alimony on their own, the courts can intervene if they feel that the amount is unfair or does not to justice to the party seeking alimony.
Anyone can be entitled to alimony in the state of California, regardless of gender, age or any other factors. However, simply asking for alimony is not a guarantee that you’ll receive it. In fact, before discussing amounts, the courts will need to determine whether spousal support is justified in your case.
When the courts are calculating spousal support, they must consider a number of factors. Those factors include:
Spousal support lasts until a court order or judgment says it ends, or when one of the spouses dies. It also ends when the person receiving support remarries or registers a new domestic partnership.
If one partner develops extenuating circumstances while paying or receiving spousal support, he or she can petition the court to change the amount of alimony involved in the case.
If you have questions about support in divorce, it’s a good idea to speak with a Claremont child support and spousal support lawyer who can give you advice that’s tailored to your case.