Palm Springs and Indio Support Attorney

Child and Spousal Support in California

 Child support and spousal support (sometimes referred to as alimony) are two far ranging matters that may need to be addressed in divorce, legal separation, or when there are minor children involved.  The obligation to pay child support is viewed as more important that your right to maintain a certain standard of living for yourself; Courts don't place your need or desire to pay personal expenses above your responsibility to pay child support which has been ordered. 

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". 

Spousal support obligations may be limited or waived in advance of marriage by way of premarital agreements also called prenuptial agreements, or prenups.  Child support cannot be waived because the right to be supported belongs to the child who cannot contract or be a party to such agreement.  Any attempt to waive the child support obligation will not be enforced by the Courts.  However, child support agreements are enforceable where they are reasonable and appropriate to the needs of children and to the parents' finanical circumstances.

The amount of support you are entitled to receive or 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 divorce attorney to guide and manage you, you may find your support entitlements prejudiced.  Once that happens it is very difficult for an attorney to "unring the bell." 

Guideline Support

Child support in California, and usually temporary spousal support , is determined by a state-wide formula which considers 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.  Courts generally ignore the parties' reported expenses, and so we say that support in California is an income driven analysis. 

While it is true that once certain numbers are known, the Dissomaster or Xspouse computer programs that Judges and Attorneys use to calculate support amounts are somewhat fixed, how these numbers get determined can be crucial.  There are recognized "special circumstances" that permit or cause Courts to deviate from guideline support up or down.  

Long Term Marriages and Spousal Support

In long term marriages, typically in excess of 10 years, ' permanent' spousal supportis not determined by a guideline formula but instead by Family Code section 4320, which lists a striking number of considerations that Courts are required to examine in fixing spousal maintenance.  Permanent support is what is ordered at the time that a Judgment for Dissolution or Legal Separation is entered.  Prior to this judgment, however, spousal support is "temporary" and is typically calculated in the same manner as child support even if there are no children of the relationship.

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 by 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.

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 should represent yourself.

Support Modification

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!

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 also helpful 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 divorce attorney Thurman Arnold today for a free consultation.