How to calculate alimony and child support in California?

The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.

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Affidavit of Defendant Spouse in Support of Motion to Amend or Strike...

Child Support And Alimony In California In Nassau

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Nassau

Control #:

US-00004BG-I

Format:

Instant download

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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FAQ

The courts in many California counties use a formula as a guideline for calculating the amount of temporary spousal support. These guidelines vary, but one common formula for the monthly amount of support is 40% of the high earner's net monthly income minus 50% of the low earner's net monthly income.

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.

The key factors analyzed in an alimony decision are each spouse's income, ability to earn and standards of living established during the marriage. If there is a history of violence, abuse or certain criminal convictions, however, this could bar a spouse from receiving alimony payments under California law.

Since the goal is to protect mutual standards of living, if your ex remarries or finds themselves once again in a steady double-income household, you may no longer be required to maintain or begin alimony payments.

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.

The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.

More info

These forms mean you have a court date. If alimony has been requested, the court will typically wait until after child custody and support has been awarded to consider the matter.The question of whether you will need to pay alimony in addition to child support depends on your circumstances as presented to the court. Complete the fields below and press calculate to estimate alimony. The figures presented are based on legal California alimony guidelines. This Child Support Standards Chart can be used to determine an approximate annual child support obligation. If you need help with a spousal support matter, then our firm can help. Who May File a Petition for Child Support? California Family Code Section 3900 sets forth the obligation of parents to support minor children, in a manner suitable to the child's circumstances. This free program will help you fill out the papers that you will need to file in Family Court.

Child Support And Alimony In California In Nassau

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