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Child/Spousal Support and Modifications

Determining for how long and what you should pay to the other spouse to properly care for him/her and the children is much more complicated than what can be determined on a calculator. Courts consider issues such as ages of the parties, their capabilities, the earning history of the parties, as well as special needs. You may want to consider issues such as the children's college education or extra curricular activities. This is an important and complex issue that you should discuss thoroughly with an experienced family law attorney.

One of the most important areas of your divorce will be maintaining the emotional and financial well being of the children and the parties. This includes obtaining appropriate child custody orders and support orders that reflect the needs of everyone involved. Ms. Feldman is an attorney committed to protecting and fighting for the rights of your children to be raised by both parents, whenever it is in their best interests. She is committed to making sure the income of the parties is equitably divided by obtaining fair support orders.

In California, child support is based upon the relative income of the parties and how much time each parent spends with each child. It only lasts until the child is 18 and no longer a full-time student.

The intent of spousal support is to maintain a standard of living for both parties as is reasonable considering their incomes. If the parties were married less than ten years, then it is presumed that spousal support should last half the term of the marriage.

The word “income” means so much more than the amount of one’s paycheck. Income can mean the amount that someone is capable of earning. For example, if one of the spouses stayed at home caring for the children during the marriage, support will be determined, in part, upon a "fictional" income for that stay-at-home parent. If that parent is capable

The court will give parents/spouses time to find jobs before applying such fictional incomes. Also, the court will “step down” the amount of support a parent receives to ease them off of spousal support.

The issue of support is complex and considers many things besides income, such as age, history of the family, education, and many other factors.

Child/Spousal Support and Modifications - Frequently Asked Questions

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