Divorcing or separating from your partner can have major financial consequences. Your financial stability and your ability to provide for your children could be affected when a romantic relationship ends. Fortunately, California law protects you and your kids.
The laws on spousal and child support ensure that your standard of living remains relatively the same after separation and that your children’s needs will be met. Brown & Charbonneau, LLP is here to help.
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Call today to speak with a divorce and family law professional who has experience representing clients in spousal and child support claims. Our award-winning legal professionals have 75-years of collective experience and will fight for your financial future. Or, you can find out about our mediation services.
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Spousal Support in California
Spousal support or maintenance, also known as alimony, is not available in all California divorces. Whether temporary and/or permanent spousal support will be ordered in your divorce depends on multiple factors, among them:
- The length of the marriage.
- The terms of a prenuptial agreement, if the agreement sets the rules for spousal support.
- Each party’s ability to be self-supporting
- Whether either spouse makes significantly more money or has a significantly higher earning potential than the other.
- The contributions, if any, that a spouse has made to the career of the other.
- Whether either spouse has family obligations or has physical or mental conditions that affect his or her ability to work or become self-supporting.
These and other factors will be considered by a judge in order to determine both if spousal support is appropriate and if maintenance should be awarded on a permanent basis or on a temporary basis. The parties must make a full disclosure of all relevant financial information and there are significant consequences if they do not! Another big issue is, who pays the attorneys fees?
You may also have the option of negotiating an agreement on support outside of court with your spouse and not leaving this important decision up to a judge.
Brown & Charbonneau, LLP will help you understand what your rights are regarding spousal support and will assist you in negotiating a divorce settlement in your favor or making a compelling argument to the court on the issue of support.
Child Support in California
Unlike spousal support, child support cannot be waived in a premarital agreement or in any other fashion. A parent may be required to pay child support regardless of whether he or she has ever been married to the child’s other parent, and regardless of any visitation or lack of involvement with the child.
It is the right of every child to have financial support from both parents and a standard formula is used to ensure every child is reasonably supported by his or her parents. The amount of support that a parent must pay is based on the percentage of family income earned; the number of children; other financial obligations like support for children from other relationships; and the time spent with the child.
Brown & Charbonneau, LLP will help you to learn how California laws apply to your support case and will work to help you petition for a support order; for support enforcement or for a change to your child support agreement.
Getting Help from our Orange County Spousal and Child Support Attorneys
At Brown & Charbonneau, LLP, we understand the huge impact that a child and spousal support order will have on your future. Our experienced, caring and professional attorneys will do everything we can to assist you obtain the best support orders allowed under the law and to fight for your rights. We offer evening and weekend appointments, representatives who speak Spanish, and personalized one-on-one legal representation tailored to your needs.
To learn more about how our Orange County, CA divorce lawyers can help with your child support or spousal support case, call or contact us online today.