Spousal and Child Support

Spousal and Child Support

Spousal and Child Support | Peterson Family Law, PC - Gilroy, CA

Many of our clients fear separation from their spouse or significant other because they do not know how they are going to support themselves and their children without the income of the other parent. Alternatively, many clients worry about how much they will have to pay their former partner now they are living apart. At the Law Offices of Sheila Peterson, we will assist you in finding a fair and appropriate resolution to these concerns.

In setting either child or spousal support, a foundational question is the income of each party. While some people have salaried or hourly positions and receive the same pay each month, many people do not fall into that category. When parties are self-employed, are paid on a contract basis, or have just chosen to stay home and not work, setting support can become very difficult. When one party doesn’t work, we can request the Court to make special orders requiring the unemployed party to search for employment.

Spousal Support
Spousal support can only be awarded when the parties were married. There are two forms of spousal support in California. Temporary support is awarded while the divorce case is being litigated or before there is a final Judgment. Temporary support is generally calculated through a computerized program.

Permanent support is more complicated and is based on a list of 14 factors set by law. These factors include the age and health of the parties, the extent to which a party assisted the other in obtaining a degree, the duration of the marriage, the skills of the parties, and the balance of hardships to the party. Depending on the circumstances, permanent support can last a couple of months, a number of years or for the supported party’s life. The advice and representation of an experienced family law attorney can save you thousands of dollars independent of whether you are the supported party or the party obligated to pay support. Let the Law Offices of Sheila Peterson find the best financial and legal solution for you.

Child Support
Each parent is obligated to provide financial support to their children even if the parties were never married or only had a short relationship. Child support can be awarded in addition to spousal support if the parties were married.

Like temporary spousal support, child support is calculated based on a complicated equation. The two main factors that affect the child support calculation are the amount of time you spend with your children and your income. Due to the variable nature of these factors, child support is often modified throughout the child’s minority.

At the Law Offices of Sheila Peterson, we are committed to guiding you through the setting of child support, the ramifications of financial choices, and making sure the award is correct under the circumstances of the parties.