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.
Alimony With Child Support In California
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US-00004BG-I
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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.
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.
Child support is intended to ensure that the child's basic needs are being met in both parents' households. The responsibility of making sure the child's basic needs are being met falls on the parents of the child. Under California law, a new spouse's income is not used in the calculation for child support.
You cannot legally avoid paying child support for a minor child. The purpose of child support is to provide for a child's basic needs. It ensures that both parents contribute a fair share to the child's financial support, even after separating or divorcing.
That's because California law prohibits judges from considering the income earned by either parent's new spouse or nonmarital partner when they first determine the amount of support or when they're modifying an existing support order. (Cal. Fam. Code § 4057.5 (2024).)
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
Further, the spouse who cares for the children to the extent of being unable to obtain income that would otherwise be available may expect the court to consider that factor in awarding spousal support in addition to child support.
A wife in California can be entitled to up to half of the assets in the marriage along with up to 40% of their partner's income for child support, spousal support, and primary child custody.
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The question of whether you will need to pay alimony in addition to child support depends on your circumstances as presented to the court. While child and spousal support are separate orders, they impact each other.Child support is calculated using the "Guideline" calculator, which takes into account each parent's income, timeshare with the child, health insurance costs. Alimony and child support are both financial awards a judge can order one spouse to pay in a California divorce case. If your ex is also paying you child support, you can ask your local child support agency for help collecting the spousal support. All alimony in California is based on one spouse's need for support and the other spouse's ability to pay. Agreements must be fair and reasonable. After a California court orders child support or alimony, it can be an uphill process to challenge or modify those orders. In California, alimony is not mandatory. The Court will normally use a calculation when determining alimony in the early stage of divorce.