CHILD AND SPOUSAL SUPPORTBoth parents have an equal responsibility to support their children. This is true whether or not the parties ever married. The statutory child support duty normally terminates when the child turns 19, turns 18 and is not a full-time high school student residing with a parent, gets married, becomes emancipated or passes away. However there are exceptions.
The Court may make both temporary and "permanent" child support orders. A temporary order usually issues early in the case and remains in effect until the final judgment of dissolution is issued, setting forth permanent support terms. In determining the appropriate amount of child support, all California courts must adhere to a statutory child support guideline, which provides a formula for computing child support. You can obtain an estimate of the amount of child support that may be ordered in your case by using the free online California child support guideline calculator provided by the California Department of Child Support Services at www.childsup.ca.gov. Click "Calculate Child Support" on the left side of the page. You can also download a 30-day free trial of the Dissomaster program at www.cflr.com. The program can also be used to calculate temporary spousal support based on the county selected.
Parents may negotiate and agree to an amount of child support above or below guideline. The court, however, retains jurisdiction to change the amount of support. The agreement is put into writing, usually in a Marital Settlement Agreement, which is then filed with the Court and signed by the Judge. It then becomes part of the final judgment of dissolution. If the parties do not agree, a Court order may be obtained. To have a lawyer run a DissoMaster calculation, contact our San Jose office at 408/975-9500.
MODIFICATION OF CHILD SUPPORT
ENFORCEMENT OF AN ORDER FOR CHILD SUPPORT
In Santa Clara County, temporary spousal or partner support is generally computed by taking 40% of the net income of the payor, minus 50% of the net income of the payee, adjusted for tax consequences. If there is child support, temporary spousal or partner support is calculated on net income not allocated to child support and/or child related expenses. You can download a 30-day free trial of the Dissomaster program at www.cflr.com. The program can calculate temporary spousal support based on the county selected. To schedule a consultation in our San Jose office, contact attorney Rebecca Tran or Ann Wise at 408/975-9500.