If you are involved in a divorce, the financial aspect of it may weigh heavily on your mind. No matter your income level, your financial situation can take a hit when you divorce. Spouses who didn't work or worked less while married are often in a harder position because they are financially dependent on the other spouse. Rather than allow the spouse to succumb to a lower standard of living or become a public charge, spousal support might be established.
Spousal support, spousal maintenance, and alimony are all terms used to describe a situation where one spouse pays another spouse a court-ordered payment for a certain amount of time during or after a divorce.
Types of Spousal Support
Spousal Support can be temporary or permanent and it can also be a lump-sum or periodic monthly payments (monthly payments is the norm). Temporary Spousal Support is paid while the divorce is pending. Permanent Spousal Support starts when the divorce is settled and continues for a period of time decided by the parties or the court. Further, Spousal Support is not always in the form of money but can include a property transfer. Both lump-sum payments and property transfers are usually non-modifiable once the order is issued. That means if circumstances change, the alimony will not change. However, when spousal support is in the form of monthly payments, it is almost always modifiable.
Amount of Spousal Support
The circumstances of the spouses going through a divorce will determine both the amount and the duration of Spousal Support payments. Some of the most important factors that might influence Spousal Support include but are not limited to:
- The length of the marriage
- Age of the spouses
- Mental or physical condition of each spouse
- The income disparity between the spouses
- The likelihood that the financially-dependent spouse can secure a well-paying job
- Professional skills or educational accomplishments of the dependent spouse
- The couple's standard of living during the marriage
- Individual assets of each spouse
- How long it would take for the dependent spouse to become self-sufficient
- Any children and if child support will be needed
Spousal Support is usually calculated by using a guideline Software program such as DissoMaster or XSpouse.
These programs give a range of numbers (not precise numbers) that allow the spouses to see how much support may be reasonable. This vast majority of Spousal Support cases are settled by attorneys and judges who use these software programs to show the divorcing spouses the appropriate range of their support.
Length of Spousal Support
Spousal Support can continue for a long or short period of time depending on may circumstances including the length of the marriage. Generally, the longer the marriage the longer the payment of Spousal Support. An end date for support can also be determined by agreement of the spouses, but if not, the court will determine it. Other times or in lieu of an end date, spousal support will continue in perpetuity and may only terminate if one of the following occurs:
- The supported spouse remarries or, in rare cases, cohabitates; or
- Either spouse dies.
A significant event may occur, too, which prompts an end to Spousal Support. In that case, it's determined on a case-by-case basis. Regardless of the reason to terminate Spousal Support evidence may need to be provided to support the reason for termination.
Child Support in California.
A child has the right to financial support from both parents. One parent should never have the financial burden alone to support the child. If both parents and the child do not live together and there is a difference in the parent's income, the court will order child support. There are many different scenarios that can make the process difficult, but with the help of a Wagner Family Law you can make sure that child support is ordered and that what is ordered is fair and in accordance with the law.
Child support is a way to ensure that both parents, although no longer in a relationship with one another, are financially responsible for their children while taking into consideration their ability to provide support. In most cases, child support lasts until children turn 18 years of age. There are exceptions made in cases where the child is still attending high school or is considered to be disabled.
Amount of Child Support
There are certain factors most courts take into consideration when determining whether or not child support should be ordered, and if so, in what amount.
Some of the most common include:
- The gross income earned by each parent
- The number of children each parent is responsible for supporting
- How much time the children under the order spend with each parent
- Child care expenses
- The cost of health insurance for the child
- Whether or not the child suffers from any sort of disability that requires extra expenses
- The court will also consider any factors that it considers relevant and impact the parties' ability to pay child support.
Child Support is usually calculated by using a guideline Software program such as DissoMaster or XSpouse.
These programs give a range of numbers (not precise numbers) that allow the parents to see how much support may be reasonable. This vast majority of Child Support cases are settled by attorneys and judges who use these software programs to show the divorcing parents the appropriate range of their support.
How Wagner Family Law Can Help
Child support and Spousal Support is often necessary to make sure your family receives the things they need to grow and thrive in life. One parent should not bear the financial burden of raising a child or living on their own after divorce. Wagner Family Law understands what is at stake and uses skill, knowledge, and resources to assist with support related issues. Contact us today by filling out our online form or calling at 916-238-3884 to see how we can help you.