Spousal Support With Child Formula In Alameda

State:
Multi-State
County:
Alameda
Control #:
US-00004BG-I
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PDF; 
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Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition

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FAQ

Under California law, for the most part, a new spouse's income is not used in the calculation for child support. It may only be considered when not doing so would cause extreme and severe hardship to the child involved. Usually, the calculation is made strictly using the parents' gross income.

Connecticut follows the “Income Shares Model” which means that courts will estimate the amount parents would spend on children when both parents and children live together in one household (as if the family were still intact) and then divide this amount between the parents based on their incomes.

California doesn't use a "calculator" for determining the amount of long-term spousal support. Instead, judges must decide how much to award after they've considered all of the following circumstances: each spouse's needs, based on the standard of living they had during the marriage.

40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.

Under California law, for the most part, a new spouse's income is not used in the calculation for child support. It may only be considered when not doing so would cause extreme and severe hardship to the child involved. Usually, the calculation is made strictly using the parents' gross income.

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.

40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.

There are many considered factors, but the primary factors used to determine spousal support is income and earning capacity. The Court looks at the present income as well as separate property available to the supported party.

More info

If child support is an issue, spousal support is calculated after child support is calculated. Click on the frequently asked questions below for more information.Divorce, Separation and Annulment, Parentage, Child Support, Child Custody and Visitation. Temporary spousal support is a relatively simple formula that looks at income and child support obligations of the party required to pay. The DissoMaster program will calculate just child support, just spousal support, or both child support and spousal support. Today we're going to talk about the dissomaster computer program that courts used to calculate temporary spousal support. Alameda and Contra Costa counties have adopted the "Alameda Guideline" formula. To get answers to your questions about spousal support, fill out the form below to schedule a consultation with our attorneys. Bonuses and sales commissions ordinarily must be included in the calculation of a party's gross income. However, the court must determine.

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Spousal Support With Child Formula In Alameda