Skilled Guidance In Child Support And Spousal Support Matters
Child support and spousal support can be contentious because they involve an ongoing financial commitment during and after the court case. For this and other reasons, it is critical to strike the correct balance between the needs of support recipients and the financial capacity of support payers.
When you hire the Law Offices of Bruce A. Moss, you can expect skilled and experienced guidance no matter which side of the support equation you are on. I can help you with temporary child support and spousal support orders (those that occur while the case outcome is pending), a final support order and, if needed, a petition to modify an existing support order.
How Financial Support Works After A Divorce
Child support in California is determined by a complex calculation that is handled using the DissoMaster or other approved software programs. In cases of wage-earning parents, this calculation is fairly straightforward requiring the input of the wages earned and the custodial timeshare. However, when a parent is self-employed or employed by a business entity, which they own, in whole or in part with others, the determination of income available for child support requires a review of the perquisites (also known as “fringe benefits”) that parent may receive as “additional income.”
California law mandates that both parents provide for the support and maintenance of their minor children. In a situation where one parent is unemployed, the court may require that parent to obtain employment in order to contribute to the support of the parties’ minor children.
How Is Spousal Support Determined In California?
With regard to spousal support, for purposes of temporary spousal support, which is intended to maintain the status quo pending the division of the community estate, the courts will use the DissoMaster calculation in making such orders. For purposes of a final spousal support order, under California law, the courts are mandated to consider various factors, including, but not limited to, the needs of the parties based upon the marital standard of living, the ability of the payor spouse to pay, the age, health, and education of the parties, and the ability of an unemployed spouse to obtain employment. California law also requires the party receiving spousal support to make reasonable efforts to become self-sufficient in a reasonable period of time.
After support orders are made (either temporary or permanent), they may be modified based upon a change of circumstances warranting a modification, such as a party be terminated from their employment through no fault of their own.
I Am Here To Guide You; Call Today.
Law Offices of Bruce A. Moss is well-aware of the legal requirements for child and spousal support orders, and will use their best efforts to obtain an appropriate spousal and/or child support order for you. Call my office at 888-573-0589 today or send me an email to schedule your first appointment and speak with me directly.