Out of all types of cases heard in court, divorce proceedings tend to be the most complicated and bitterly contested. For most people who file for divorce, going through the process can be one of the most difficult and trying times of their lives. Divorce is never easy, especially when it involves children, but it is easier to navigate through the process with the help of an experienced and compassionate divorce attorney.
One major topic that comes up in almost every divorce case is how the court will calculate and deal with child and spousal support. Below are some factors the court should consider when determining spousal and child support.
Factors Impacting Spousal Support
The court should consider the following factors under the controlling California statute when determining spousal support:
- The extent to which earning capacity of each party is sufficient to maintain the standard of living that was established during the marriage
- The extent the supported spouse contributed to education, training or career of the supporting party
- The supporting party’s financial ability to pay spousal support
- Each spouse’s assets and debt obligations
- How long the spouses have been married
- The age and health of each spouse
- Any history of domestic violence
- Tax consequences for each party
- The ability of the supported party be gainfully employed without impacting child rearing
- Any other factors the court deems just and equitable
If you have been married less than 10 years, the court will generally limit spousal support to last half the length of marriage.
Factors Considered When Determining Child Support
Below are some common factors the court will consider when determining child support:
- The number of children entitled to support
- The amount of parenting time each parent has with the children
- Each parent’s net disposable income
Most courts use a computer program to calculate child support based on California’s support guideline. The court has discretion to deviate from the guideline. To ensure your legal rights, as well as your children’s, are protected during a divorce proceeding, it is best to have an experienced Central Valley divorce attorney on your side who will fight for your specific interest.
Call an Experienced Central Valley Divorce Attorney
If you are in the process of getting a divorce or plan on initiating one, it is important that you have a knowledgeable attorney fighting for your rights. For more information or to schedule a complimentary consultation with a divorce attorney, please call Gurjit Srai (209) 323-5558 or complete our online form.