Palm Springs and Indio Support Attorney
Child and Spousal (Partner) Support in California
Child support and spousal support (sometimes referred to as "alimony" or "partner support") are two far ranging matters that often need to be addressed in divorce, legal separation, domestic partnerships, or when unmarried people have children together. The obligation to pay court-ordered child support is viewed as more important than your right to maintain a standard of living for yourself, and courts don't place your need to pay personal expenses above your responsibility to first pay support. Courts generally ignore the parties' reported expenses, and so we say that support in California is an income driven analysis.
For a party receiving support, Courts increasingly are imposing an expectation that they seek employment outside the home consistent with the best interests of minor children, or in the case of spousal support - that they become self-supporting within a "reasonable time". While some case authority suggests a mother of a child of tender years is not expected to work outside the home, this is not what the California Family Code says and most judges will impute minimum wage income to such parents.
Spousal support obligations may be limited or waived in advance of marriage by way of
premarital agreements or prenups. While it is permissible that the parties agree to a zero child support order, the obligation cannot be permanently waived by way of prenuptial or other agreement because the right to be supported belongs to the child who cannot contract or be a party to such an agreement, and also because government policy is to encourage parents, and not the State, to support children. However, child support agreements are enforceable where they are reasonable and appropriate to the needs of children and to the parents' financial circumstances. While a waiver of spousal or partner support requires that specific formalities be met if this is attempted in a antenuptial agreement, parties are completely free to contract away a right to receive it as part of their dissolution.
The amount of support you receive or are required to pay will directly affect your quality of life, and that of dependent children. It is important to intelligently and sensitively address these issues at the outset, and to structure support agreements as constructively as possible, and when necessary to present your arguments and evidence to the Court in a persuasive light.
If you receive an unfavorable award, its consequences will echo into the future. The law on the subject is complex and it may not be advisable to be unrepresented in applications involving support. Without a competent attorney to guide and manage your case, you may find your support entitlements prejudiced. Once that happens it is very difficult to "un-ring the bell" once a family court judge rules on your matter. When your circumstances change in a material way, you may be entitled to a modification of existing orders.
Guideline Support
Child support in California, and temporary spousal support, is determined by a state-wide formula which considers among other things 1) the custodial time share between the parents of any minor children; 2) the gross pre-tax earnings of each; and 3) certain permitted deductions and hardship allowances. This state wide formula can be found in computer programs such as the Dissomaster and Xspouse, which are the ones that courts and lawyers use. A rudimentary child support calculator can be found on the California Government website by clicking this link. There are recognized "special circumstances" that permit or cause Courts to deviate from guideline support upwards or down.
Long Term Marriages and Spousal Support
In long term marriages, typically in excess of 10 years, 'permanent' spousal support is not determined by a guideline formula but instead by applying the factors set forth in Family Code section 4320. 4320 lists a number of considerations that Courts are required to examine in fixing spousal maintenance. The prominent ones include the "marital standard of living," "need" and "ability to pay." Permanent support is more kindly called "post-judgment" support support since it is what is ordered at the time that a Judgment for Dissolution or Legal Separation is entered. Prior to this judgment spousal support is termed "temporary" and is typically calculated in the same manner as child support by using the state-wide formula, even if there are no children of the relationship. Post-judgment support may not at all be "permanent" in the sense that at some point it will terminate or be reduced to zero. It is the policy of California to encourage spouses and domestic partners to become self-supporting over time.
This means that for purposes of 'temporary' spousal support at the early stage of a divorce, the guideline formula may control but ultimately those sums are refigured according to the 4320 rules. In most cases this results in a lower support entitlement or obligation than exists at the pendente lite, or temporary, stage, because the purpose of temporary spousal support is to maintain the status quo as close to the pre-separation situation while people adjust to living in two separate households and it is assumed that things have stabilized by the end of your case that a supported spouse's living needs have been reduced. Post-judgment spousal support may be 20% to 35% lower than the temporary support award although there is no hard and fast rule.
Complications arise when parties are shirking income responsibilities - as when a custodial or non-custodial parent refuses to find employment or to report their earnings honestly - or when a party is receiving financial benefits that are disguised as borrowings, loans, or gifts from family. The law is expanding to require Courts to take into consideration equity in assets that could be used to spin off an income that may be considered as available cash flow, or reduced living expenses, when a support award is rendered. These are not cases where you can safely represent yourself.
Support Modifications
Support modifications are another area where you are ill-advised to travel the road alone. Today support modifications are being filed in record numbers, and Courts are granting them. The consequences to you in this economy are significant as never before. Experience in these matters counts! There are rules relating to the burden of proof, and what must be shown by way of 'change of circumstances, that will affect your success and not knowing them will guarantee outcomes that are disappointing and worse. You only get one bite of the apple at a time, and if you take that bite but don't get it right you may lose your opportunity to set matters straight for years to come.
Why risk a bad result on these critical issues? In representing your interests and giving the court necessary information about you and your child’s needs, the other party's income stream, as well as applicable statutes and caselaw, you and your lawyer can work toward a child support or spousal support agreement or a court rendered decision that works best for you and your children - whether you are the "payor" or the "payee".
Our firm represents clients in child support and alimony negotiation and litigation throughout the Coachella Valley from our offices in Palm Springs. We offer a free case evaluation to discuss your particular case and how we can help.
For information about enforcing support orders, please visit our "Enforcing Support Orders" Blog
and use our family law search engine at the top of each page.
Palm Springs Divorce Lawyer Thurman W. Arnold, III
At the law firm of Thurman W. Arnold we strive to assist our clients in reaching agreements with their spouses without going to court. If that fails, we know how best to present the facts and law that the Judge will be deciding.
Collaborative divorce and divorce mediation are solutions that can save time, money and a great deal of emotional stress in support settings.
Either way, attorney Thurman Arnold is experienced in courtroom litigation if an agreement about support cannot be reached outside of court.
Contact Rancho Mirage child and spousal support attorney
Thurman Arnold today for a free consultation.
Serving the Desert Cities of Palm Desert, Palm Springs, Indian Wells, and La Quinta!