Child Support & Spousal Support

How do Child Support & Spousal Support Work?

Both child support and spousal support are influenced heavily by guideline statutory formulas.

For child support, child support is calculated by child support guidelines.   Child support guidelines are presumptively correct amount of child support that the payor party will have to pay the other party.   Occasionally, the Court may decide under certain circumstances to deviate from child support guidelines.

Spousal support, on the other hand, is not necessarily based upon guidelines for different public policy purposes.   There are two different types of spousal support.   There is temporary spousal support – which is meant to last until the divorce is final.    Then there is permanent spousal support – which is meant to last after the divorce is final.   Temporary spousal support is traditionally calculated by spousal support calculators.   Permanent spousal support is not calculated by guidelines, but many different statutory factors.

How Do the Child Support Guidelines Work?

The Child Support Guidelines are actually a statutory formula set by the legislature.  Most attorneys and Courts use computer software to calculate child support.

Put simply, child support quite often comes down to (1) your income, (2) the other party’s income and (3) timeshare.   These are the most important child support factors and will change the amount of support that you pay to your ex.

There are other factors that will apply including health insurance, tax filing status, some retirement deductions and other deductions.

What Should I know About Child and Spousal Support in Sacramento

Sacramento uses guideline child support and had adopted the Santa Clara guidelines.  Nearby Counties have adopted the Alameda Guidelines.

My Timeshare Has Increased, that Should Mean that My Support Goes Down – Right?

Not necessarily.   A reduction of your timeshare does not necessarily mean that your support will go down.   It’s important to have a licensed attorney calculate your guideline support prior to filing a motion that may lead to an increase of your support.

What Factors Go into Calculating Permanent Spousal Support?

Permanent Spousal Support is based upon several different factors including: the duration of the marriage, whether one party helped raised the children, whether one party helped the other party obtain their career, the assets of each party, the debts of each party, domestic violence, and many other factors.

When Can Child Support Be Modified?

Child Support may be modified if there is any showing of a change of circumstances.    This means that you can modify child support if your income has slightly changed.    It can be modified every month if you would like.

Will the Court Deviate from Guideline?

The Court has the discretion, under the law, to deviate from the guideline calculation if the guideline calculation would be unjust or unfair under the circumstances.     Deviations from guideline are very fact specific and every case is unique so there is not bright line rule.

When Can Spousal Support Be Modified?

Spousal Support also, if the judgment provides, can be modified upon a showing of change of circumstances.    The change of circumstances has to affect the spousal support factors or another statutory factor.

How Do I Calculate My Timeshare?

There’s many ways to do it, including counting the number of hours that you have your children in your care during your parenting time by the total amount of time in the week.     I have listed a few of the most common parenting schedules and the corresponding timeshare below.

                Week On / Week Off                                                 50% Timeshare

                2/2/.5/5 Timeshare                                                        50% Timeshare

                2/2/3                                                                                     50%

                Alternating Weekends                                              14%-15%

                Alternating Weekends + 1/2 Summer                 23%

                3 Days a Week (Split Week)                                  42%

                4 Days a Week (Split Week)                                  58%

                1st/3rd/5th weekends                                                 15% – 16%

                1st/3rd/5th extended weekends (Mon.)           21% – 22%        

                Non Academic Parenting Days (Move-away)                31%

What Are Child Support Add-ons?

The Court can order the parents to pay additional money on top of guideline child support.   The types of child support add-ons typically include:  child care, unreimbursed medical, education expenses, travel expenses and extracurricular expenses.

Child care expenses are the type of expenses that one parent pays to a child care provider.  The Court typically orders the parties to split this cost, either directly to the provider or liquidated to the other parent.   This is a mandatory add on and the Court will order it if you ask for it.

Unreimbursed Medical or medical co-pays are typically health co-pays.  These are the co-pays one pays for visiting the doctor.   They can also include orthodontia co-pays if done correctly.   These are mandatory add-ons and the Court will order them if you request them.

The Court may also order additional money for travel expenses.   Travel expenses are the costs that one parent pays to visit the other parent.   If, for example, the parents live in two different states, the court can order the parties split the costs of plane flights.

Additionally, the Court may order educational expenses.  Educational expenses are the costs of educational opportunities foot the children.   They typically include private school – but can include school materials if the order specifies.

Finally, there are extracurricular expenses.   These typically are discretionary.