Spousal Support vs. Child Support in San Diego, California
If you are getting divorced in San Diego, California, you might be wondering whether you’ll be required to pay spousal support or child support, and you might be wondering whether you might be owed spousal support or child support. The key thing to keep in mind is this: every situation is unique and spousal support or child support might not be required in all situations. The spousal support and child support lawyers in San Diego, California at Smith Family Law can help you understand your rights and obligations given your specific situation. Before we delve into greater specifics about spousal support and child support, it’s important to understand the difference between these two types of support.
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.
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. 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.
Can I Avoid Having to Pay Alimony in San Diego, California?
Alimony isn’t required in all divorces, and even in cases where alimony might be ordered by a judge, there are ways that a couple can negotiate their divorce settlement so that alimony is paid as a lump sum, or so that assets are divided in a way so that alimony doesn’t have to be paid. When there is a great disparity in wealth between spouses, alimony may be ordered by the courts. But you don’t have to end up needing to write a monthly check. There might be other ways you can work out these payments, either with a lump sum or through your property division agreement. There are some disadvantages to doing things this way (lump sum, division of property). For example, alimony stops when a former partner receiving alimony gets remarried. If you think your former partner might want to get remarried, it might make sense to just pay the alimony rather than agree to a lump sum or to make concessions in your property division agreement. Every situation is unique. If you have questions, the spousal support attorneys in San Diego, California at Smith Family Law have answers. Reach out to our spousal support lawyers in San Diego, California today.
Don’t Agree To Spousal Support Without An Attorney iun San Diego
It is a common misconception that alimony is an automatic part of any divorce process. Only a small percentage of all divorces or separations have spousal support as part of the final judgment or decree. Yet, this can still be the most expensive aspect of your divorce because the divorces and separations that do involve spousal support are typically litigated.
The San Diego, California spousal support attorneys at Smith Family Law are here to help you fight for your rights. If you are facing claims of alimony or believe you should receive alimony, contact our San Diego, California spousal support lawyers today.
What can also be litigated are child support payments. The amount that each parent in a child’s life is required to support the child can involve many factors and that’s why it’s important to have an attorney on your side to ensure that all parties are receiving or paying what they should. We can help you understand how parenting time can play a role in child support payments. If you are paying for health insurance coverage, day care, or for other expenses for your children, this can also impact how much you might owe in child support. The San Diego, California child support attorneys at Smith Family Law are here to help.
The most important thing is to be proactive about this part of the process, whether you are the spouse offering financial support or receiving it. Even a small change in monthly support payments can have big financial repercussions when multiplied over years.
We Want To Help Your Family
There is another common misconception that, in the state of California, there is a formula in place that all courts use when calculating alimony payments. This may be true for temporary alimony payments, which potentially occur before divorce proceedings begin, but the courts are not allowed to use such formulas when determining permanent support. There are a lot of factors that the court uses to determine spousal and child support. Also, changes in how spousal support payments are reported on income taxes have financial repercussions to be considered.
At Smith Family Law, APC, we can help you navigate all of that, so you don’t have to do it on your own. We are happy to offer our experience and expertise as you try to find answers to important questions: How is spousal/child support determined? Is it fixed, or does it change as the incomes of the former spouses change? If there was infidelity in the marriage, does that affect spousal support? If so, how much? These are all questions that we can help you answer. Since being proactive is very important for this part of the process, contact us so we can get you important information sooner rather than later.
Get Advice From A Family Law Attorney First
Before you agree to any kind of payment involving spousal or child support, you should always speak to an attorney. You need someone who is going to be on your side and have your best interests in mind. attorney. You need someone who is going to be on your side and have your best interests in mind. The San Diego, California spousal support lawyers and child support attorneys at Smith Family Law are here to help.
Get advice from a qualified family law attorney by calling Smith Family Law, APC, at (619) 431-3131 today. You can also use our online contact form to schedule a free initial consultation.