Child support
Child support in California is set by a statewide guideline formula. The two biggest factors are each parent's income and the share of time each parent has with the child. Certain costs are added to the guideline amount, including child care needed for work and uncovered medical costs. The court can depart from the guideline only in limited situations.
Much of the work in a support case is determining income correctly. Business owners, self-employed parents, and anyone with bonuses, commissions, stock compensation or irregular pay need a careful analysis, and the court can consider earning capacity when a parent is not working to their ability.
Spousal support while the case is pending
While a divorce is pending, the court can order temporary spousal support to help maintain the household and keep both spouses on a fair footing during the case.
Long-term spousal support
After judgment, the court decides spousal support by weighing factors set out in the Family Code, including:
- The length of the marriage and the standard of living during it
- Each spouse's earning capacity, assets and obligations
- Contributions to the other spouse's education or career
- Time spent out of the workforce caring for the home or children
- The goal that the supported spouse become self-supporting within a reasonable time
For marriages of ten years or more, the court generally keeps the power to order support indefinitely. For shorter marriages, support often lasts about half the length of the marriage.
Changing support
Child support and most spousal support orders can be modified when circumstances change, such as a new job, a loss of income, or a change in a child's needs or timeshare. Changes generally reach back only to the date a request is filed, so it is important to act promptly.
Keep your financial records
Pay stubs, tax returns, bank statements and records of child-related expenses are the foundation of every support case. Keep them organized and up to date.
Family Code §§ 4055, 4058, 4062, 4320, 4336, 4337, 3651, 3653