Is there a formula for spousal support in California?

California doesn't use a "calculator" for determining the amount of long-term spousal support. Instead, judges must decide how much to award after they've considered all of the following circumstances: each spouse's needs, based on the standard of living they had during the marriage.

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

Spousal Support Calculator With Child Formula In Santa Clara

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Santa Clara

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

There is no legislated formula for long-term spousal support. Unlike with temporary support, there is also not a rule-of-thumb formula. Instead, a judge will weigh the totality of the circumstances in issuing their order. Those circumstances are broadly outlined in CA Family Code § 4320.

40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.

While a divorce action is pending, one common method is what is referred to as the County of Santa Clara formula, which generally states that temporary spousal support is computed by taking 40% of the net income of the payor, minus 50% of the net income of the payee.

Here's the formula: CS = K (HN – (H%)(TN)). CS is the child support amount for one child (different multipliers are applied to that amount to come up with the total for more than one child).

California doesn't use a "calculator" for determining the amount of long-term spousal support. Instead, judges must decide how much to award after they've considered all of the following circumstances: each spouse's needs, based on the standard of living they had during the marriage.

There are many considered factors, but the primary factors used to determine spousal support is income and earning capacity. The Court looks at the present income as well as separate property available to the supported party.

More info

If you are the person filing the Request for Order (called the "moving party"), you must fill out these forms. The Payment Estimator applies the statewide uniform guideline calculation to the information that you enter into the blank fields.Quick video on alimony. Our free California spousal support calculator helps you easily estimate your potential spousal support payments. Quick, easy, and accurate. Our alimony calculator will provide you with a basic support calculation for the following states or formulas. See how parenting time affects the total. The DissoMaster(TM) is a program in the state of California used to accurately calculate child and spousal support payments after a divorce or legal separation. This California alimony calculator calculates California maintenance using the California county alimony formulas. Our experienced family law attorneys understand that no case is the same.

Spousal Support Calculator With Child Formula In Santa Clara

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