Many times, spouses do not know their rights under California law. These questions and answers are general in nature and should not be used as specific legal advice for your case. For specific question about your family law case, contact San Diego Family Law Attorney John P. Martin at 866-679-5408.
- How is child support determined?
- What should I do if the non-custodial parent moves away?
- I have a California support order and my ex-spouse has moved out
of California. Can a judge in another state lower my child support? - What if the basic child support amount does not cover all the
children's expenses? - Does California offer alimony?
- Will I be responsible for attorney fees if my spouse has initiated a divorce?
- Can I object to the terms my spouse has requested in our divorce?
How is child support determined?
Child support is based on the net income of each parent and the number of children needing support. Each parent completes a worksheet with information about their finances and the children's needs. The worksheet is then applied to a child support schedule. The support schedule sets the basic support amount based on the parents' income and number
of children.
What should I do if the non-custodial parent moves away?
Notify the local child support agency when you or the other parent moves, no matter where. They can transfer your child support case to the county or state where you move if you are a custodial party. Also notify government courts where the non-custodial parent moves. Child support can be enforced anywhere in the United States.
I have a California support order and my ex-spouse has moved out of California. Can a judge in another state lower my child support?
No. The laws known as the Full Faith and Credit for Child Support Orders Act and the Uniform Interstate Family Support Act prevent states from changing another state's court orders. If the child lives here and an order is issued in California, in most cases only a California court can change it.
What if the basic child support amount does not cover all the children's expenses?
In addition to the basic child support obligation, the court may order the parents to share expenses for the children for daycare, education, medical and mental health care and long-distance transportation. Usually, the court will order each parent to pay a share of those expenses, which is calculated using the child support worksheets. To find out your proportionate share of daycare, for example, you would multiply the total amount of daycare per month by the percentage under your column on line 6 of the child support worksheets.
Does California offer alimony?
Yes. California courts do award alimony or spousal support may be awarded to either spouse for their support after a divorce. The alimony is usually for a short duration to assist another spouse in making financial arrangements to live separately.
Will I be responsible for attorney fees if my spouse has initiated a divorce?
Possibly. Courts allow a spouse who lacks the financial ability to hire an attorney to request that the court order the other party, if that other party has the financial ability,to pay a reasonable amount to allow the unrepresented party to retain an attorney in a timely manner before proceedings in the matter go forward.
Can I object to the terms my spouse has requested in our divorce?
Your attorney will help you reject the terms of your spouse’s offer. On receiving an objection to the establishment of a family law attorney's settlement, the court may at its own discretion determine whether the case involves complex or substantial issues of fact or law related to property rights, visitation, custody, or support. If the court finds that the case involves one or more of these complex or substantial issues, the court may implement a case management plan.
If you or someone you know in San Diego, California needs the assistance of an experienced San Diego family attorney, contact John P. Martin today at 866-679-5408 or use the contact form provided to begin an evaluation of your family’s legal needs.
