Child/Spousal Support and Modifications - Frequently Asked Questions

1.) How does the court determine support amounts and how long support will last?
2.) How long does support last?
3.) How can I make sure the child support I pay, actually benefits the children?

1.) How does the court determine support amounts and how long will support last? | Back to Top

A tool called the "Child Support Calculator" is the cornerstone used by the courts in determining child support. However that figure can be altered depending on a myriad of other issues. Spousal support is a much more flexible amount that depends on many other factors, including how long the parties have been separated.

If you were married less than ten years, then spousal support usually lasts half the term of the marriage. For example, if you were married eight years, spousal support should last four years. But this is just a "rule of thumb". If you were married more than ten years, then there are no presumptions. Either way, there are many factors that should be presented to the court in determining both the amount and length that spousal support should last.

2.) How long does support last? | Back to Top

Child support usually ends when a child is 18 and is no longer a full-time student. Child support in California does not include college years.

Spousal support ends, as a "rule of thumb" one half the term of the marriage if you were married less than ten years. For example, if you were married eight years, spousal support should last four years. But this is just a "rule of thumb". If you were married more than ten years, then there are no presumptions. Either way, there are many factors that should be presented to the court in determining both the amount and length that spousal support should last.

3.) How can I make sure the child support I pay, actually benefits the children? | Back to Top

The short answer is, you can't. But provided you and your spouse agree, you can agree upon orders that might help. For example, you could agree to deduct amounts that you spend on the children, above and beyond their usual care from your child support payment.

Child Support and Child Support Modifications - General Information

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