SUPPORT - TEMPORARY AND PERMANENT

Child Support Guidelines

Child support is usually, but not always, based on a “guideline” formula.  Divorce lawyers and courts in Orange County generally use a computer program to calculate guideline child support.  The formula includes the respective incomes of each parent, the percentage of time the child has with each, and various other factors that affect an individuals’ net monthly disposable income.  The “guideline” amount is ordered by the court, but not if unusual circumstances apply.  What are all the factors in your circumstances?  Is more or less than guidelines appropriate?  Alternatively, in mediation or a collaborative process, you can rely on use budgets and your sense of what is equitable to decide what will work.  A court cannot.  If must rely only on what code and a computer says.  

Spousal Support Considerations

In determining long term support, the court is not permitted to use the temporary, guidelines formula. The judge exercises discretion, but must decide after showing consideration of a dozen factors such as the spouses' incomes, marital standard of living, length of the marriage, the obligations and assets of each party after their property division and more.   (read more)