Alimony Spouse Support With Child In Orange
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FAQ
In California, child support is typically the responsibility of the biological or legal parents of the child. This means that you generally cannot pursue child support from your ex-husband's new wife, as she is not the child's biological or legal parent.
Both parents have the legal duty to provide financial support for their child whether they are married, divorced, or even live with their children. The court may order either or both parents to make regular payments to cover a child's living and medical expenses.
It's important to know that in cases where both spousal and child support are awarded, the spousal support amount that is ordered is likely to be lower than it would have been if there were no minor children involved in the case (and no child support order).
Request to Establish, Modify or Terminate Spousal Support Garnishment Order Prepare Your Paperwork. A request for order sets a hearing with your judicial officer to request an order in your case. File with the Family Law Business Office. Have Your Paperwork Served. Appear at Your Hearing.
Are There Other Ways to End My Alimony Obligation? The dependent spouse is unable to rehabilitate themself. The needs of the dependent spouse change. Child support termination. A change in the income of either party. Remarriage of either spouse. Violation of the divorce decree by either spouse. Sale of the family home.
A: In California, judges consider various factors when determining whether to award spousal support, including the duration of the marriage, each spouse's earning capacity and needs, and the standard of living established during the marriage.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
Since the goal is to protect mutual standards of living, if your ex remarries or finds themselves once again in a steady double-income household, you may no longer be required to maintain or begin alimony payments.
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
