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Child and Spousal Support

 

 

At the Law Offices of Stella Espinoza Browne we work diligently to resolve your support dispute efficiently and to reach a fair outcome. We are experienced in successfully obtaining favorable child and spousal support terms for our clients.  No matter what stage your divorce is in, our we have the experience  to handle your child support and spousal support issues.

Our office uses the most enhanced and up-to-date  software (DissoMaster) to calculate child and spousal support on a case-by-case basis to address each client’s particular circumstances.

 

Child Support

In California, child support is determined by a strict formula calculated by special computer software programs.  The intention of this formula is to have people in similar financial and child sharing situations paying similar amounts of support each month.

Generally, a child is entitled to support from both parents until they reach the age of 18, are 19 and still in high school, have married, or are emancipated.  Child support is always modifiable as circumstances change.

Child support is not tax-deductible to the payor, nor is it income to the payee.  Unless waived, child support is generally made payable by wage assignment.

Child support is calculated using a “formula”.  This formula will address each parents’ income, each parent’s time share with the child, income tax filing information, whether there are children from other relationships, and other factors.  Generally, and in most instances, the Court does not have discretion to deviate from the guideline child support amount.

Although child support cannot be waived, the parties may stipulate to the amount of child support each party is obligated to pay each month.

 

Spousal Support

Unlike child support, spousal support is not determined by a formula. Either spouse may be entitled to spousal support, depending on the circumstances. 

 It is the policy of the state of California that each party be “self-supporting” within a reasonable period of time. Except in the case of long-term marriages, a “reasonable period of time” is generally one-half the length of the marriage.

Unlike child support, all spousal support payments made are tax deductible to the payor and are considered income to the payee.

In California, spousal support is determined by  several factors, including:

¨ Length of the marriage

¨ The marketable skills of the supported party and the job market for those skills

¨ The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during marriage to permit the supported party to devote time to domestic duties

¨ The extent to which the supported party contributed to the attainment of an education, training, career position, or a license by the supporting party

¨ The ability of the supporting party to pay spousal support (taking into account the supporting party’s earning capacity, earned and unearned income, assets and standard of living

¨ The needs of each party based upon the standard of living during the marriage

¨ The obligations and assets, including the separate property, of each party

¨ The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children

¨ The age and health of the parties

¨ Any history of domestic violence and the criminal consequences thereof

¨ The immediate tax and tax consequences to each party

¨ The hardships to each party

¨ Any other factors the court determines are just and equitable

 

Spousal Support options can include:

¨ Mutual waiver of spousal support (neither party owes support to the other)

¨ Non-modifiable spousal support

¨ Step-down spousal support plan

¨ Buy-Out (where the spouse who would receive support accepts a lump sum or marital asset now in lieu of support later)

¨ Temporary spousal support

¨ Permanent modifiable spousal support

Law Offices of Stella Espinoza Browne

A PROFESSIONAL CORPORATION

 

 

 

 Personalized,  Professional, and Aggressive Representation

Serving all of san Bernardino, los angeles, and riverside counties

 

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Law Offices of

Stella Espinoza Browne

A PROFESSIONAL CORPORATION

99 N. San Antonio Ave.

Suite 340

Upland, California 91786

Phone: 909-949-1340

 

Disclaimer: The materials contained in this web site have been prepared by the Law Offices of Stella Espinoza Browne for informational purposes only.  The information contained herein is general in nature and may not have application to your particular factual or legal circumstances. These materials do not constitute legal advice or opinions and should not be relied upon as such. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Visitors to this website should not act upon any information in this web site without seeking professional counsel. The contents of this website may be an "Advertisement" as defined by The Rules of Professional Conduct and California Business and Professions Code. All rights reserved.