Child Spousal Support
Child Spousal Support
Child support is now calculated pursuant to an algebraic equation set forth in the Family Code. Some of the relevant factors in the equation include each party’s percentage of time parenting the child or children, the income and/or earning capacity of each party, among other factors. Software programs have been developed which allow the parties and the Court to calculate the appropriate level of child support in each case. Robert has represented hundreds of clients in child support proceedings. He has the knowledge, skill and experience to make sure that the child support ordered in your case is the appropriate amount.
In dissolution and legal separation proceedings, the court may award temporary and/or permanent spousal support in appropriate cases. “Spousal support” is the term for alimony in California. Unlike child support, a judge is not mandated to make an award of spousal support. Rather, spousal support is awarded to assist a supported spouse in maintaining the parties’ marital standard of living, based, in part, upon the need of the supported spouse and the ability of the supporting spouse to pay.
Generally, the amount of temporary spousal support, which is awarded to a supported spouse prior to the division of the parties’ assets and liabilities, is determined by a support software program which is also used to calculate child support. Robert will advise you as to your entitlement to spousal support if you are the supported party, and, if you are the paying party, he will advise you as to the nature and extent of your obligation, if any, to pay spousal support.
Permanent spousal support cannot be determined by a support software program. Rather, the judge is required to take into account the numerous factors set forth in Family Code § 4320. Those factors include, but are not limited to, the age and health of each party, the length of the marriage, the parties’ standard of living during marriage, the needs of the supported party, and the supporting party’s ability to pay.
Proper determination of both temporary and permanent spousal support requires that you be represented by an attorney who is well-versed in the complexities of spousal support issues. Robert has handled hundreds of spousal support cases and will effectively represent you in any matters concerning the issue of temporary and/or permanent spousal support.
To speak to attorney Robert Montgomery about your case, contact him online or by calling (707) 525-1212 today!