Child & Spousal Support
Over 35 years of experience in Los Angeles and Ventura County Family Law. Call us for any questions about your child support or spousal support situation. We want only what’s best for you and your family.
Leon F. Bennett, Esq.
Los Angeles and Ventura County Child & Spousal Support Attorney
Our services in both Child Support and Spousal Support focus on the best interests of the child and spouse to assure the parties are financially protected to support both a child’s and spouse’s needs, but to also assure their lifestyle can be maintained in a suitable manner.
Defining Child Support
Both parents have a duty to support their children until each child turns 18 years of age, which may be extended due to extenuating circumstances such as a disability.
To determine the most accurate Child Support figures, the courts are required to utilize the state’s mandatory Child Support Guidelines, which take into account several factors, including:
- Each parent’s income
- The time each parents spends with each child
- Other discretionary factors our law office will explain in detail
Our child support and child custody attorneys may conduct thorough discovery of each parent’s financial situation to determine an accurate and fair assessment of income and assets of each party. We will also walk you through the California child support and visitation guidelines to give you a fair estimate of what a court will see and what the outcome might be. Our goal is to gain a fair result in all child support proceedings to assure each child enjoys security with an appropriate standard of living during their formative years.
Firm founder Leon F. Bennett has represented children in family law matters as a court-appointed minor’s counsel, which has given him special insight into the needs of children in legal matters. We recognize that children rarely benefit from a protracted legal battle, and we are determined to reach a positive result as quickly and painlessly as possible.
Defining Spousal Support
Spousal Support (formerly known as “alimony”) can be awarded in most cases due to the discrepancy in earnings of the parties and the ability to support oneself after the relationship/marriage breaks apart. The amount and duration of support payments is generally awarded based on many factors such as the standard of living of the parties during the marriage and the ability of each party to pay for their own needs. Because there is such a broad discretion in awarding spousal support, it is important to have an experienced attorney aggressively arguing your case for the results you deserve.
Factors that help determine a Spousal Support Order:
- The ability of each to earn enough to maintain the standard of living enjoyed during the marriage
- The skills and work experience of the supported spouse, and the demand in the workplace for those skills
- The duration of the marriage
- The amount of time and the cost of education or job training required to develop marketable employment skills
- What the supported spouse sacrificed in earning capacity by quitting work to stay home to raise children, create a pleasant home environment for the family, and perform other domestic, social and community functions
- Whether the supported spouse with custody of the children can work outside the home without a negative effect on the children
- The financial capability of the supporting party to pay spousal support
- The, age, health and specific needs of each party
- The total assets and obligations of each party
- Any history of documented domestic violence
- Tax considerations for each party
Spousal support is not meant to unjustly enrich one party or penalize the other. The idea is to strike a balance and allow you and your ex to live somewhat equally for a period of time just as you did during your marriage. In California, the amount of Spousal Support you pay or receive and for exactly how long is wide open for negotiation. Navigating the negotiations can be tricky without the advice of a Family Law firm to help ensure you don’t settle or be bullied into an unfair result.
The divorce and family law team of the Leon Bennett Law Firm has helped families reach mutually agreeable decisions regarding matters of divorce decree, California child custody, spousal support and all other aspects of divorce family law for over 30 years. Call us to arrange a consultation on any aspect of your situation. We’re here to help and find a suitable solution with compassion and closure.
Child Support FAQs
California child support is calculated using mandatory statewide guidelines that consider each parent’s income, the percentage of time each parent spends with the child, and tax filing status. Courts use software like DissoMaster to determine the guideline child support amount.
California child support payments continue until the child turns 18, or 19 if still attending high school full-time. Child support may be extended for children with disabilities or special needs.
Yes, you can request a child support modification when there’s a significant change in circumstances, such as job loss, income changes, or custody schedule adjustments. Either parent can file a Request for Order to modify child support in California.
California enforces unpaid child support through wage garnishment, tax refund interception, license suspension, property liens, and passport denial. In extreme cases, contempt of court charges can result in arrest and jail time for non-payment of child support.
Yes, the parenting time each parent has directly impacts California child support calculations. The more overnight custody time the higher-earning parent has, the lower their child support obligation typically becomes.
California child support calculations include wages, bonuses, commissions, rental income, business income, investment returns, and unemployment benefits. A child support attorney can conduct financial discovery to ensure accurate income reporting.
Parents can negotiate child support agreements, but California courts must approve any amount that deviates from guideline child support. The court ensures the agreed child support amount meets the child’s best interests and needs.
Beyond guideline child support, California courts can order parents to share additional expenses including childcare costs, uninsured medical expenses, educational needs, extracurricular activities, and private school tuition.
Spousal Support & Alimony FAQs
Spousal support, also called alimony, is a court-ordered payment from one spouse to another during or after divorce to help maintain the recipient’s standard of living. California spousal support ensures the lower-earning spouse can meet their financial needs.
In California, alimony and spousal support are the same thing. Alimony is the traditional term, while spousal support is the legal term used in California family code for payments made between divorcing or divorced spouses.
Temporary spousal support uses a formula based on both spouses’ incomes. Permanent spousal support considers Family Code Section 4320 factors including marriage length, marital standard of living, earning capacity, age, health, and domestic violence history.
For marriages under 10 years, California spousal support typically lasts half the marriage length. For marriages over 10 years (long-term marriages), spousal support may continue indefinitely until the supported spouse becomes self-supporting.
Temporary spousal support is paid during divorce proceedings to maintain the status quo. Permanent (or long-term) spousal support is ordered in the final divorce judgment and is based on 14 factors under California Family Code Section 4320.
Yes, either spouse can request a spousal support modification by demonstrating a significant change in circumstances, such as job loss, retirement, income changes, or health issues. You must file with the court that issued the original alimony order.
Yes, California Family Code Section 4337 automatically terminates spousal support when the receiving spouse remarries. However, alimony may continue if the divorce agreement specifically states remarriage doesn’t end support payments.
Yes, if the supported spouse moves in with a new partner, the paying spouse can petition to reduce or terminate spousal support. California law presumes cohabitation provides financial benefits that may reduce the need for alimony.
For California state taxes, spousal support is deductible by the payer and taxable income for the recipient. Federal tax treatment changed in 2019—alimony from post-2018 divorce agreements is no longer federally deductible or taxable.
California spousal support is gender-neutral—either spouse can pay or receive alimony. Courts consider each spouse’s earning capacity, the marital standard of living, career sacrifices made during marriage, and the ability to pay spousal support.
Yes, California prenuptial agreements can include spousal support waivers or limitations. Both parties must have independent legal counsel, full financial disclosure, and sign the prenup voluntarily for the alimony waiver to be enforceable.
California spousal support laws are complex and involve significant discretion by the court. An experienced alimony attorney can negotiate fair support terms, ensure accurate income calculations, and protect your financial interests through divorce litigation or mediation.
