Q: If I am entitled to child support, how is the amount of child support determined?

A: Both parents have an equal responsibility for the support, maintenance, and education of their minor children. The obligation to support your child(ren) commences before birth and terminates at the age of 18; if the child is a full-time high school student, then until graduation or 19 years of age, whichever occurs first.
California has adopted minimum “guideline” standards for child support but there is no maximum. The legislature has adopted statewide guidelines that base child support on a mathematical calculation primarily dependent upon the income of the payer and the amount of time the non-custodial parent spends with the child(ren). However, the child(ren) is entitled to be supported in a style and condition commensurate with the position in life and standard of living enjoyed by both parents. In determining a parent’s ability to pay child support, a court may consider the value of that parent’s share of the community property, as well as any separate property the parent may have. The court will also look to the earnings of the parent, or his or her earning capacity should the parent be “underemployed.”
Child support orders are modifiable upon a showing of a material change in circumstances.

Q: If I am entitled to spousal support, how is the amount of spousal support determined?

A: Marriage is a contract between a couple in which the law imposes obligations of mutual respect, fidelity, and support. The obligation of support may continue after the marriage is dissolved based upon the needs and earnings of the parties.
While your case is proceeding through the legal system, the court has the authority to award temporary support to a spouse in need. The purpose of temporary support is to maintain the status quo until the conclusion of your case. When your case is concluded, the court may award permanent support. The amount and duration of an award of permanent support is based upon the following factors:
1. The extent to which the earning capacity of each spouse is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:
A. The marketable skills of the supported spouse; the job market for those skills; the time and expense required for the supported spouse to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.
B. The extent to which the supported spouse’s present or future earning capacity is impaired by periods of unemployment incurred during the marriage to permit the supported spouse to devote time to domestic duties.
2. The extent to which the supported spouse contributed to the attainment of an education, training, a career position, or a license by the other spouse.
3. The ability to pay of the supporting spouse, taking into account the supporting spouse’s earning capacity, earned and unearned income, assets, and standard of living.
4. The needs of each party based on the standard of living established during the marriage.
5. The obligations and assets, including the separate property, of each.
6. The duration of the marriage.
7. The ability of the supported spouse to engage in gainful employment without interfering with the interests of dependent children in the custody of the spouse.
8. The age and health of the parties.
9. The immediate and specific tax consequences to each party.
10. Any other factors deemed just and equitable.
Support orders are modifiable upon showing of a change of circumstances. There may be a presumption of decreased need if the supported spouse cohabits with a person of the opposite sex for a period of time.