Child Support and Spousal Support

How is child support determined?

California has adopted statutory child support guidelines. This means that the amount of child support parents must pay is based on a formula set by California’s legislature. These formulas take into account several factors, including the income of each parent, the timeshare each parent has with the child, and the number of children involved.

The duty to support children extends to both parents and normally continues until the child reaches the age of 18, but may be extended until age 19 in some cases.

What is spousal support?

Spousal support, often improperly called “alimony,” is the financial support paid by one spouse to the other following separation or divorce. Spousal support is different from child support and in some cases both child support and spousal support can be awarded to one spouse.  The primary purpose of long term spousal support is to help the supported spouse become self sufficient again.  The purpose of short terms spousal support is to maintain the marital standard of living during dissolution proceedings.

California courts have broad discretion to determine both the amount and the duration of spousal support. The courts takes into account a number of factors including the length of the marriage, the living standards of the parties, the marketable skills of each party, and the ability of the supporting spouse to pay support.  Spousal support can be awarded on either a temporary or a permanent basis.

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