Spousal Support Attorney in Carlsbad
When deciding whether maintenance will be granted in a divorce, there are many factors considered. It’s important to have a San Diego spousal support attorney by your side to navigate this complex legal process. In many situations, one spouse has been bringing in a higher income than the other, where the other has been carrying out equally important tasks such as child-rearing and home management. This individual, while consumed with home caring tasks, may have missed out on career or income advancement opportunities. While both may have been contributing equally, on paper the contributions may look skewed. A couple divorcing may have unequal incomes, but when deemed appropriate, the spouse who has been financially supporting the marriage may be responsible for continued financial support of the other party. This is commonly referred to as “alimony”, but in the state of California it’s legally referred to as “spousal support”.
There are many variables that are taken into consideration when determining spousal support. These things may include:
- Length of marriage
- Each party’s ability to earn a wage to maintain a comfortable standard of living
- Financial status to support the other party through spousal support
- History of domestic violence
- Custody of children
Spousal support determination is a complex road to navigate. To ensure the best outcome for both parties, it’s important to have an experienced San Diego County spousal support attorney by your side.
The McKinnon Law firm has helped many families negotiate the legal and personal issues that arise with spousal support. Reach out to us today for a free consultation.
How is spousal support calculated?There is no specific formula or calculation to determine permanent spousal support. In awarding permanent spousal support, the Court will consider the respective incomes of the parties, the earning ability of the supported spouse, the standard of living during the marriage, as well as other factors set forth in Family Code Section 4320.
Do I have to pay child support if we have equal time with our children?
It depends. In California, child support is calculated by a statewide guideline formula. The factors considered in this formula include the parties’ respective incomes, the timeshare of the children, health insurance deductions, required union dues and retirement, as well as other factors. If the parties have equal parenting time with the children, but one party earns more income, then the higher earning parent may have to pay child support. Whether a parent will have to pay child support and the amount depends on the particular circumstances in each case.
What is Family Court Services Mediation?Family Court Services Mediation is child recommending counseling imposed by the Court when custody issues cannot be resolved by the parents informally. Both parties are required to attend this mediation without their attorneys. A mediator who works for the Court will meet with both parties to assist them in reaching agreements regarding custody and a child sharing plan. If the parties cannot agree to custody and parenting during FCS mediation, then the mediator will issue a report to the Court making recommendations as to what the custody and parenting arrangement should be for the children.