Child Support is determined using a calculation defined by the State of California. While this may appear to be simple, it is worth noting that this formula is based on legally established income – and the determination of income can often develop into a highly contentious debate. When child support orders are added to this situation, the analysis can become even more complex.
“Because of this, it is highly advisable that an attorney be hired when initially setting and modifying child support.”
A court may also grant spousal support, often referred to as alimony. The amount and duration of the support ordered will depend on the particulars of each case. Factors considered by the court, to name a few, include:
As with the setting and modification of child support, a well qualified attorney can play a significant role in this process.
A party requesting modification of a support order will usually have the burden of proving that significant changes in circumstances have occurred since the order was first set. With some types of temporary orders this proof of change may not be necessary. However, established case law holds that a temporary spousal support order may be modified without having to show a change of circumstances. However, some courts will still deny modification of support when no circumstantial change can be shown.
So what constitutes a significant change in circumstances? The answer will depend on the facts and issues of each case.
Child support will continue to an unmarried child even if they have reached 18 years of age – as long as they are a full time student and not self supporting. When the child completes the 12th grade or attains the age of 19 years (whichever comes first) – support is no longer legally required.
Termination of spousal support is not as simple.
There are various factors taken into consideration by the courts when determining a termination of spousal support. A court’s analysis will include factors such as:
Child support and spousal support represent two of the most complex legal issues being heard in courts throughout Southern California. The attorneys at Jewett and Johnston are well versed in these matters. Our experience and reputation will be a significant contribution to the best possible outcome for all parties involved.