Spousal and Child Support California

Under California law, child support amounts are normally based on the California Child Support Guideline, which is generated by a computer program that is available to the court. Mr. Pancer has the same program at his office and can give you an indication of the amounts.

Special circumstances can create some deviation in the computer program, and that is why it is necessary for Mr. Pancer to know everything regarding yours and the other parent’s finances. It seems logical to have an attorney on your side who understands these issues and who can properly advise you how to proceed.

Family law attorney, Stefan Pancer, has successfully handled spousal and child support cases under a wide variety of circumstances.

In California, the laws for spousal support vary depending on the length of time you have been together from the date of marriage to the date of separation. If there was an existing court order and you are owed back child support or spousal support, Mr. Pancer can help you collect on those old amounts, as well as ask the court for a modification on the existing order if the paying parent is making more money.

The judge hearing the case is responsible for ordering child support and spousal support, after considering both parents’ income and weighing a number of other factors.

ABOUT California Child Support Law & Payments

• How is child support determined in California?
  
  The Agnos Minimum Child Support Standards Act was enacted in 1984 by the California State Legislature to establish minimum levels of child support and to set guidelines which govern awards of support which fall above those statutory minimums. Known as the “Child Support Guideline” (amended July 1, 1992) it includes calculations for determining the minimum amount of support expected from the paying parent.
  
  Family court judges use mathematical formulas and specialized computer programs to determine each parent’s total monthly gross (before taxes) income. Then the court looks at the percentage of time that the paying parent has with the minor child or children. There are certain deductions that my be added such as other children from another relationship that the paying parent is also supporting, union dues, health care costs, mandatory retirement deducted from the payer parent’s check, etc.
  
  
• How long do I have to make child support payments?
  
  Generally speaking, in California, child support payments must be made until children reach the age of 18, or 19 years of age, when the child(ren) are full time students and, have not yet graduated from high school.
  
  
• How does the payer parent make child support payments?
  
  Unless the custodial parent agrees to receive a monthly or bi-monthly check, the receiving parent may choose to receive the support payments by wage assignment. That is, at the receiving party’s choice, the child support payments are deducted directly from the wages of the parent who is obligated to pay.

ABOUT Spousal Support: (aka. Alimony or Maintenance)

In the state of California, spousal support statues limit the ordering of spousal support payments (sometimes referred to as maintenance payments) based upon the length of marriage as well as the specific need of the receiving spouse and the ability to pay by the supporting spouse. Perhaps in other states, the terms for ordering payment of support may be very broad. California-based orders for support are generally (in short-term marriages) a measure which help the receiving spouses re-establish some financial independence. In long term marriages, the support order may be in place for an extended period of time.

Payments could be intended to help the receiving spouse complete or receive educational or vocational training and acquire skills needed to secure gainful employment in the open job market. Spouses who have primarily served as a domestic role in the marriage are considered for support, by the court, to compensate that spouse for a related loss or lack of marketable, workplace skills.