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Child & Spousal Support

Support orders affect your finances every month. Getting the numbers right from the start, especially income, matters for years to come.

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

Common Questions

Child & Spousal Support

Can support be changed if I lose my job?

Usually, yes. File a request to modify promptly, because the change generally cannot reach back before the filing date.

Is child support taxable?

No. Child support is not taxable to the parent who receives it and is not deductible for the parent who pays it.

Does spousal support end if my ex remarries?

Unless the parties agreed otherwise in writing, spousal support ends when the supported spouse remarries.

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