Newport Family Law & Mediation Group can assist you in establishing initial orders for child support and/or spousal support, modifying current orders when there is a change in circumstances, and obtaining an award of attorney’s fees. Some general principles are as follows:
In California, the Court adheres to statewide uniform guidelines in order to determine child support, and may only deviate from guidelines if there is a special circumstance [Family Code section 4052]. There is a rebuttable presumption that the guideline formula is correct unless the presumption can be overcome. The presumption may be overcome if the facts of your case meet the criteria set forth in Family Code section 4057.Pursuant to Family Code section 4053, the Court’s expectations are as follows, in pertinent part.
Guideline support is calculated by using a computer program. For more information about calculating guideline child support, contact Newport Family Law & Mediation Group.
There are two types of spousal support: Temporary and permanent, inherent in the two types of spousal support are differences in purpose, law, and standards for determining the spousal support award. The purpose of temporary spousal support is to maintain the status quo, and it is generally determined by using the same computer programs used to calculate child support. By contrast, the purpose of permanent spousal support is to give the supporting party a period of transition between the marriage and self-sufficiency, and the Court is absolutely precluded from using a computer program to determine the amount of permanent support. To calculate permanent spousal [which is not necessarily synonymous with “lifetime” support], Courts apply the factors set forth in Family Code section 4320 et seq and applicable case law to the specific facts of the case. For more information about spousal support, please contact Newport Family Law & Mediation Group.
Courts award attorney’s fees for many reasons, among which are attorney’s fees based on one party’s need and the other’s ability to pay, as well as attorney’s fees as sanctions for bad conduct. For more information about an award of attorney’s fees, please contact us.