Support

The Big Picture

When a couple begins the divorce process, one key element of the settlement is known simply as support; this can be broken down further into child support and spousal support. Child and spousal support, sometimes known as family support, is generally defined as the financial support for children, as well as the parent with primary physical custody of the children. Family support payments are generally paid on a monthly basis and continue on until the youngest child reaches age 19 or no longer lives with the physical custody parent. Payments can continue for any children over the age of 19 who are enrolled in college.

Spousal support, formerly known as alimony, can also be used to pay back a debt. For example, if a wife worked to put her husband through college, the husband may be ordered to pay tuition reimbursement to the wife as an act of spousal support. This type of spousal support can prevent one party from feeling like the other party has taken financial advantage of their situation while married.

Sometimes, a divorcing couple will agree to a spousal support plan that includes higher payments for the first few years. This type of spousal support gives the receiving party the flexibility to go back to school and complete a degree program. After graduation and entrance into the work force, the monthly payments are reduced to a lower level.

California uses statewide uniform guidelines for appropriate levels of child. These guidelines consider factors such as the incomes of both spouses, number and age of children, length of marriage, ability to work, and general needs. If you would like help determining what the state will approve, please contact my office for a list of accurate figures based on state guidelines.

Another option that is often used during the early stages of separation is that of a temporary agreement to establish short-term financial obligations. This agreement is nullified when a more permanent solution is reached.

Moschetti Family Law can help you through this difficult time. If you need help creating a fair and livable temporary or long-term agreement, please contact us. We would be pleased to provide you with guidance. Call us at (415) 399-0970 or contact us online.

Articles

The Long Arm of Family Law
Gray Areas in Gross Income Available Calculations
Enforcement of Orders

Codes

Family Code § 150 - Support Defined