Seeking Child and Spousal Support Obligations on Your Behalf with Dedication and Purpose
Fighting for a fair plan
Child and spousal support agreements are important for your future and the future of your family. The attorneys at the Law Office of Barbara J. May have extensive experience with these matters and are committed to representing clients and guiding them toward a fair payment plan. If clients cannot reach an agreement on the amount of support, a court in California will award child support and temporary spousal support payments based on state guidelines. While our goal is to find an amicable solution to your problems, our firm is ready to go to trial if your support case becomes contested.
How child support is calculated
California guidelines for determining child support payments address many factors, including:
- Earnings and earning capacity of the parents
- Income each parent receives from other sources
- Number of children
- Amount of time each parent spends with the children
- Health insurance expenses
- Mandatory retirement contributions
- Cost of sharing day care and uninsured health care
A Child Support Calculator determines the amount of support, but the result may be revised if the formula would be unjust or inappropriate due to income levels, special needs of the children or time-sharing arrangements.
At the Law Office of Barbara J. May, we are experienced child custody attorneys and understand the state child-support guidelines. We challenge the results of the Child Support Calculator, as needed. By doing so, we help clients increase the amount of child support paid by their spouse, or decrease the amount they would otherwise be ordered to pay.
Supporting your spousal support and alimony payment requests with determination and knowledge
Spousal support is also key in many divorces. Unlike child support, final spousal support awards are not subject to a formula. The California Family Code lists many factors to be considered in awarding spousal support. These include:
- Preservation of the standard of living established during the marriage
- Job skills, education, training
- Impact of the marriage and time spent outside the workforce on employability
- Contributions to the education, training and career of the supporting party by the party who receives support
- Needs of each party based on the standard of living established during the marriage
- Ability of the supporting party to pay
- Ability of the supported party to seek work without unduly interfering with the interests of children in his/her custody
The length of a marriage affects how long an award of spousal support will last. For a long-term marriage in California, lasting 10 years or more, a court may provide that spousal support continue with no set end date. Shorter marriages are likely to include alimony payments for a set period of time to give the spouse receiving financial help time to establish a means of support.
In California, spousal support may also be awarded when one spouse files a domestic violence restraining order against the other spouse.
Can you modify child and spousal support orders in California due to changed circumstances?
Child support can be modified if there is a change in the amount of income earned by either spouse, or the time-sharing arrangement established for the children has shifted. Alimony or spousal support can also be modified based on changed circumstances, including earning capacity and other factors. At the Law Office of Barbara J. May, we help clients evaluate changed circumstances and work to revise support obligations when appropriate.
You need a child and spousal support attorney in the Monterey, California area who understands your options
At the Law Office of Barbara J. May, we pursue child and spousal support orders that meet the needs of our clients. We are located across the street from the Monterey Sports Center in the downtown area. Call us at 831.649.1253