Child and Spousal Support
Child and spousal support (or alimony) are often just as contentious as custody issues, and they are related. The amount of time you have with your children affects both child and spousal support.
You can receive or pay child support whether you were married or not. Child support in California is based on a formula that is very complicated and requires a computer program to calculate. You can try out one program here. [Link] There are a lot of factors that go into child support calculations but the most important are income and time share (the exact amount of time each of you has with the children). Child support is not tax deductible to the payor nor reported as income to the recipient. You can only get spousal support if you were married. Spousal support is often calculated in that same computer program in the early stages of a divorce. Eventually, a court will issue a judgment and give what is often called permanent spousal support. It is never permanent, of course, although it may feel that way if you are paying it! A general rule of thumb is that spousal support continues for half the length of the marriage, although there are a lot of variables that can change how long one pays or receives spousal support. Tax laws regarding spousal support changed recently, too, so expert knowledge of law is invaluable. Like child support, spousal support is not tax deductible for the payor nor reported as income to the recipient for Judgments entered after December 31, 2018. It is easy to calculate everyone’s income when both have W-2 jobs and regular salaries. The problems come when people work on commission, are self-employed, or have non-traditional sources of income, such as stock dividends or trust income. Sometimes an expert will be needed to value assets such as pension plans, businesses and investments or to help the court understand a party’s complicated income. It is important to choose an attorney who keeps up on the changes in child and spousal support laws so that the correct amount of support is paid. Contact us now for a free 30-minute consultation about your child or spousal support issues. |
Practice AreasCriminal Law
Sexual Assault and Battery
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