The questions surrounding legal support due a spouse, partner, or for children are among the most contentious involving divorce.
Family Law and Legal Support:
Child Support
Federal regulations require States to maintain child support guidelines. California has what are probably the most complicated child support guidelines in the country. California's Legislature adopted an algebraic formula to calculate child support. Determining the correct amount of child support requires the use of a computer and a software program. In issuing an order for child support a court must make a determination as to each parent’s income as well as the amount of time the child or children spend with each parent. Additionally, each parent will be responsible for paying ½ of the children’s uninsured medical and dental costs as well as ½ of the children’s day care costs. Child support is generally paid via wage assignment.
Spousal Support
Spousal support may be ordered where there is a disparity of income between the parties. In making an order for spousal support a court is required to consider a number of facts and circumstances which include, but are not limited to, the needs of each party based upon the standard of living established during the marriage, the length of the marriage and the age and health of each party. Spousal support or alimony is tax deductible to the paying individual and is taxable income to the receiving individual. Spousal support is generally paid via wage assignment.
Partner Support
Effective January 1, 2005, a registered domestic partner may seek court ordered financial support from the other where there is a disparity of income between the parties. Generally, partner support is determined in a similar manner as spousal support. Partner support has no effect on either partner’s taxes. Partner support is generally paid via wage assignment.
Support Arrears
Support arrears occur where a party fails to pay his or her court ordered spousal support, partner support or child support. There are many enforcement tools which include bank levies, liens against property and contempt proceedings.