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ALIMONY & CHILD SUPPORT
ALIMONY (SPOUSAL SUPPORT)
During the beginning of a proceeding, temporary spousal support may be ordered.
In calculating temporary spousal support, the court also uses the same calculator used for calculating child support. It is true that a court could opt to award a higher or lesser amount of support than what was calculated.
There are a few more factors the court considers when determining a spousal support order, if one is warranted, which are called 4320 factors (Family Code Section 4320). The factors include duration of marriage, marketable skills of the support party, earning capacity of each party, the standard of living, etc. This list is not exhaustive.
CHILD SUPPORT
By law, each parents has an obligation to financially support their children.
In California, child support is calculated using a state guideline, which considers the number of children you have, both parent's gross income, time spent with the child(ren), and a few additional factors such as tax deductions, credits, exemptions, etc.
Child support is often heavily litigated, as there can be some gray area when determining income and timeshare of the child(ren). This becomes increasingly difficult depending on the type of employment a parent may have, unemployment issues, and when one spouse is choosing not to be forthcoming with all of their income.