Increasingly, today's economy requires both spouses in traditional families to work and earn income to make ends meet. As difficult as it is for many two-income families to satisfy the financial needs of both themselves and their children, becoming a single parent after a divorce or legal separation can seem hopeless. Child and spousal support is intended to help compensate the custodial parent for living costs and other debts, but determining support obligations is one of the most contentious issues in many divorce proceedings. At Violet P. Woodhouse, APC in Newport Beach serving Anaheim and Irvine, our child and spousal support attorneys strive to protect the rights of clients by petitioning for and defending against support actions on their behalf.
Though a couple is permitted to decide many terms of its divorce without court intervention, the court will, nevertheless, insist on reviewing and approving the child support arrangements. California's child support guideline establishes the minimum level of support that non-custodial parents are obligated to provide. The court assumes that the custodial parent is already meeting his or her child support obligation through the custody itself. For parents with joint physical custody, the court considers a number of factors when determining the support obligation of each, including:
Child support includes the cost of traveling for visitation from one parent to the other, educational expenses, and other special needs.
However, before any determination is made concerning each spouse's child support obligation, any paternity disputes that come up must be resolved. Once paternity has been established, the court will decide on child support actions. Whatever issues come up in your situation, we can help. At Violet P. Woodhouse, APC in Newport Beach serving Anaheim, Irvine, and all of Orange County our child support attorneys help clients strengthen their cases to defend against or petition for support orders.
In California, child support must be paid until the child turns 18, unless he or she has not finished high school, in which case support continues until the child graduates, turns 19 years of age, marries or registers as a domestic partner or emancipated minor. At present, the law does not provide judges with the power to order spouses to pay support to children beyond the age of 19, except in instances where the child is physically or mentally disabled. However, parents can agree to a support arrangement, to be enforced by the court, which includes payment into the child's college years.
Following a divorce, spousal support, also called alimony, is paid by the higher-earning spouse to the spouse with limited or no earnings in order to reduce the income disparity between the two and any possible unfair consequences of this disparity. Some factors affecting the level of spousal support to be paid include:
Unlike child support, which has no adverse tax consequences for either the payer or the recipient, spousal support is treated as taxable income for the spouse receiving the support while it is tax deductible for the spouse providing the support. At Violet P. Woodhouse, APC in Newport Beach, serving Anaheim, Irvine, and beyond, our spousal support attorneys can explain in greater detail the tax consequences of alimony and the options for collecting it.
For marriages lasting longer than 10 years, spousal support is typically permanent. The court will require a reservation of jurisdiction, meaning that the wife can return to court later to request spousal support if no current order exists. For marriages lasting less than 10 years, the court will typically require payment to continue for about half of the length of the marriage.
A judge may amend previous child and spousal support orders if the spouse filing for support modification can demonstrate that a significant change of circumstance has taken place since the last order and that the current support amount is now either too little to live on or is too much to pay. Changes that may qualify for a modification of support orders include:
After a divorce has been completed, one parent can serve the other parent a Request for Production of an Income and Expense Declaration After Judgment, as well as an Income and Expense Declaration to determine whether the other parent's income has increased or decreased. These forms must be filled out by the other parent, and returned within 30 days of the time they were served along with a copy of his or her most recent state and federal tax returns.
Failure to adhere to court-ordered support obligations is a serious matter that can bring one into contempt of court. Unfortunately, the remedies for obtaining unpaid spousal support are not as many or exacting as those the court employs to enforce child support obligations. In order to obtain unpaid child support from a non-compliant parent, the court may order:
Child and spousal support payments are often among the most contentious issues in divorce proceedings. When a marriage ends, many spouses depend on the assistance provided by court-ordered support to be able to make ends meet. At Violet P. Woodhouse, APC in Newport Beach serving Anaheim and Irvine, our child and spousal support attorneys can help you obtain a favorable support agreement. Reaching successful arrangements depends on the effective presentation of spouses' individual circumstances, and with our expertise and experience, we are able to help our clients prepare the best cases possible for support hearings. Contact Violet P. Woodhouse, APC to schedule a consultation today.
Contact our Newport Beach firm serving Anaheim and Irvine to consult with our experienced child and spousal support attorneys. We can help you to obtain a favorable resolution to your support action.
Violet P. Woodhouse, APC
Newport Beach, CA
2 Corporate Plaza
Suite 250
Newport Beach, CA 92660
Phone (949) 640-8861
Fax (949) 640-8862