Resolving Issues of Child or Spousal Support in San Diego
How much support — whether for children or for the financially weaker spouse — that a divorcing spouse will pay or receive can be a hotly contested issue in a divorce. While the California Family Code specifies guidelines and factors for the court to consider when ruling on disputes over child support or alimony, the advice of an experienced lawyer can help you know whether your situation might justify an upward or downward adjustment from a standard award.
To learn about your rights and responsibilities in child support or spousal support disputes, contact the Law Offices of Shirley J. Mills in San Diego. We offer free initial consultations, and we work hard to find the right solution for every client's legal problems.
Child Support Is Usually Easy to Figure Out Under the Guidelines
The California Child Support Guidelines represent the starting point for determining the paying parent's monthly obligations. The Guidelines consider both parents' incomes and the number of children to be supported to yield a baseline obligation. This figure can be adjusted up or down to reflect such factors as the following:
- Special needs of the child
- Insurance or medical expenses
- The number of overnights the child will spend with the noncustodial parent
- Prior support obligations for children of a previous marriage or relationship
- Disputes as to a parent's income due to irregular employment, self-employment or cash receipts
Shirley Mills can give you a sound idea of the baseline child support obligation, then help you find ways to present your strongest case for an increase or a decrease, if the law recognizes your reasons for seeking one.
It's Hard to Establish an Ongoing Right to Alimony in California
While the law specifies a detailed list of factors to consider for granting spousal support or alimony, these factors are considerably more flexible than they are for child support. If your marriage lasted less than ten years and you're of working age, you shouldn't count on alimony at all. Permanent or long-term alimony will usually be reserved for people who have sacrificed any career prospects to marriage and child-rearing over a long period.
For others, an interim award of spousal support can help with the maintenance of your standard of living until the divorce is final, but you'll need new arrangements for support while you're looking for work or finishing a degree. Spousal support negotiations usually take place in conjunction with property division discussions. Just as in other family law problems, people who can reach a fair agreement will often achieve the best results.
At the Law Offices of Shirley J. Mills, we help people on either side of child support or alimony issues with the negotiation, mediation, litigation, modification or enforcement of their rights or obligations. To learn how an experienced attorney's insight into your situation can save you time, money and stress, contact us in San Diego.
