Spousal Support vs. Child Support in San Diego, California

Child support is money both parents owe by law to support their children, calculated under California’s statewide guideline formula. Spousal support, or alimony, is money one spouse may be ordered to pay the other after divorce, based on factors a judge weighs case by case. The San Diego support lawyers at Smith Family Law, APC handle both.

Spousal support, or alimony, is money one spouse pays the other after a marriage ends. Alimony is money paid to support a spouse after divorce, either to help them maintain the standard of living they enjoyed during the marriage, or to help them get the necessary work retraining or skills they need to get on their own two feet after a marriage ends.

Child support, on the other hand, is money paid to a spouse who has custody of the children to support the children. Both parents are legally required to support their children under the law. Child support is money paid to ensure that children are supported by both parents.

There are some key differences between child support and alimony.

For one, child support is required by law—both parents are legally required to financially support their children. While there are situations where child support might not be owed (when parents have a 50-50 parenting plan, for example), the assumption is then that both parents are supporting their children financially during their parenting time.

Alimony isn’t required by law. Spouses aren’t legally required to support one another after divorce unless there is a court-order for alimony in place. However, the court may award alimony to a lower earning spouse, especially in situations where there is great wealth disparity in the couple, or in a situation where, if alimony isn’t awarded, a spouse would end up receiving government support.

The duration of child support and alimony can also vary. Child support must be paid as long as a child is a minor, and in some situations, child support may continue after a child turns 18, either to support their pursuit of higher education or in a situation where a child has special needs. Alimony can be permanent, temporary, or be required to either reimburse a spouse for career sacrifices made during a marriage, or to help a spouse gain skills, training, and education to support themselves.

How spousal support and child support is calculated is different. Child support is calculated based on special formulas based on both parents’ incomes and the length of time the children spend with each parent as outlined in the parenting plan. The state has fixed formulas to determine child support that is based on each parent’s take home pay and income. Alimony can be based on many factors including both spouse’s incomes, assets, debts; the earning potential of each spouse; and the length of the marriage. While incomes factor into both child support and spousal support, the court can compel an underemployed spouse to seek higher paid work if the court believes he or she is avoiding work to avoid paying child support. Alimony usually factors in when there is a big difference between both spouse’s actual earnings, or earning capacity. Length of marriage doesn’t factor into child support determinations, but it can play a role in determinations of spousal support.

Both spousal support and child support can be modified, but the circumstances and requirements for modification can vary. For example, alimony can be terminated if a spouse who receives alimony remarries. Child support can be modified if either parent’s financial situation changes, or if more children are born who need to receive support.

Determining spousal support and child support amounts can get complicated. Spousal support can be one of the most contested issues that can arise in divorce. Working through a parenting plan and determining child support can also be one of the most emotionally trying aspects of any divorce. The San Diego, California child support and spousal support lawyers at Smith Family Law are here to help you. We can review your situation and help you understand your options—whether you’re just thinking about filing for divorce or are in the middle of a contested divorce. Contact us today to learn more.

How is Child Support Determined in San Diego, California?

Child support is calculated based on two major factors: both parents’ incomes and the percentage of time the children spend with each parent. Other factors that can affect child support include the cost of other expenses, like health insurance and daycare costs; and the number of children both within the marriage and outside it that must be supported. A formula is used to calculate child support owed, reducing the need for couples to negotiate about how their children will be supported. Yet, some couples do choose to provide additional support for their children, including covering the cost of higher education, or setting aside additional money for extracurriculars, tutoring, and other special needs. Negotiations can also be a factor when determining the parenting plan and when deciding whether to choose a 50-50 parenting time split.

California courts apply the statewide uniform guideline formula in Family Code Section 4055, which runs on each parent’s net disposable income and the percentage of time the children spend with each parent. Judges must follow the guideline amount except in narrow circumstances the code allows.

The child support lawyers in San Diego, California at Smith Family Law are here to help you work through these formulas and calculations. Many factors go into determining child support, and the time the children spend with both parents is one of them. Our San Diego, California child support attorneys are here to help you understand the ways that your custody plan could impact your child support payments or child support owed.

How is Spousal Support Determined in San Diego, California?

Spousal support is determined based on several key factors. The factors judges must weigh are listed in Family Code Section 4320, including each spouse’s earning capacity, the marital standard of living, the length of the marriage, age and health, and any documented history of domestic violence between the parties. Both spouses’ income, assets, and debts will be reviewed. The court might look at each spouse’s earning potential, the couple’s standard of living during the marriage and what the standard of living might be after divorce. The length of the marriage also plays a crucial role in spousal support, as do other factors like age, illness, and other payments like child support. Let’s look at how each of these factors can play a role in spousal support:

• Income, assets, and debts. The courts will look holistically at each spouse’s income, assets, and debts. One spouse might make more money each month, but the other spouse might have more assets due to inheritance or other factors. All of these factors play a role in the court’s determination of the full financial picture. A spouse’s ability to pay alimony will also be a factor.
• Earning potential. Sometimes one spouse doesn’t work but has a high earning potential due to holding an advanced degree. The earning potential of both spouses is factored when determining whether spousal support must be paid. If, for example, the lower-earning spouse can easily get work to earn an income close to parity with the higher earning spouse, then spousal support might not be required.
• Standard of Living. If the divorce will significantly reduce one spouse’s standard of living or require that they seek government benefits, then the court might be more likely to award alimony to the lower-earning spouse so that they can maintain their standard of living and avoid becoming destitute.
• Length of the marriage. One of the most important factors when determining spousal support is how long the couple was married. If you and your spouse were married for less than five years, alimony is rarely awarded in this situation. The courts will generally try to restore both parties to their pre-marital state, even if this means wealth disparity. Marriages that lasted under a decade might also not result in spousal support awards, unless there is a compelling reason. Usually, alimony in these situations is temporary, and meant to be either reimbursement alimony (to compensate a spouse for career opportunities lost while raising children) or rehabilitative (to help a spouse get the training, skills, or education needed to get on their own two feet). Spousal support is most complicated to calculate for medium-length marriages, that is, marriages that lasted between 10 and 20 years. These marriages are long enough that both parties have likely comingled assets and debts and have very closely connected financial lives. Spousal support will depend on many factors in this case, such as whether a spouse can gain new skills to achieve the earning potential required to maintain a good standard of living. Other factors like assets could also play a role. If the assets are divided in a way that protects a spouse’s standard of living (for example, the lower-earning spouse gets the house), this could also factor into spousal support. Longer marriages, lasting over 20 years might result in permanent alimony, especially if both spouses have reached retirement age.
• Other factors. Other factors can also play a role in whether spousal support is awarded. If a spouse is disabled and has been supported by their spouse, alimony might be awarded. If a spouse will remain home to care for the children after the divorce and child support isn’t enough to cover the spouse’s needs, then spousal support might be owed. Likewise, in situations where child support is paid, alimony might be reduced if child support payments help the spouse maintain their standard of living for the children. If a couple is getting divorced after retirement, permanent spousal support might be awarded because of the spouse’s age.

Determining spousal support can get complicated. You need a spousal support lawyer to help you get it right. Speak to the spousal support attorneys in San Diego, California at Smith Family Law today. We can help you find solutions that work for your situation.