Understanding Basic California Child and Spousal Support

Issues of child and spousal support frequently arise in California divorce proceedings. Whether or not the court will award an Order of Child or Spousal Support is determined by a variety of factors. For matters involving child support, California Family Code Section 3600 (b) permits the Courts to order either parent to pay any amount which is necessary for the support of minor children, as the case may be. However, to determine the amount of child support a parent will be responsible for paying in California, in 1984, the California Legislature enacted the Agnos Minimum Child Support Standards Act (AMCSSA) which established minimum levels of child support. The Act also requires the Court to establish guidelines for awards of child support above the statutory minimums. When the judge issues an Order for Child Support, it is based upon the Child Support Guidelines established by AMCSSA and is constructed according to a difficult and complex algebraic formula. This formula, which is used statewide in the family courts systems, including the San Jose Family Court is so complicated that the Courts use a computerized program called the Dissomater™ in order to calculate child support. The Law Offices of Thomas Chase Stutzman, a Professional Corporation, has an extensive history of helping parents with issues involving child support California. If you are a resident of San Jose or Santa Clara County, Attorney Thomas Stutzman is a Divorce Lawyer in San Jose who provides legal counsel with a Certified Family Law Specialist (CFLS), certified by the State Bar of California’s Board of Legal Specialization. He and his legal staff have practical experience with the technique of the Dissomater™ and how the Courts will use the guidelines in your Santa Clara County child support case. Although there are a variety of factors to determine monthly child support, there are two which the Court will consider and have an effect on your child support Santa Clara County case. These include the incomes of both parents and the amount of time each parent spends with the minor children. In short, after determining your income after taxes and other allowable expenses, and each parent’s time spent with the minor children, the judge will input this information into the Dissomater™ and as a result, be given a figure for a monthly child support obligation. For matters involving spousal support, or alimony, the court uses a similar method. The Court has the discretion of whether or not to issues Orders of Spousal Support. Under Section 3600 (a), the Court may order a husband or wife to pay any amount that is necessary for the support of the wife or husband, or as permitted under California Family Code Sections 4300 – 4303 which provides statutory authority for persons who are responsible for supporting a spouse. Similar to child support awards, the Court will evaluate each party’s income and other factors to determine an award based upon the algebraic formula of the Dissomater™. California spousal support law is difficult and can be quite contentious. Therefore, if you have issues involving spousal or alimony support in California, you should contact The Law Offices of Thomas Chase Stutzman to speak with one of our Family Law Attorneys who can advise you of your legal rights. If you are the one with a Court Ordered Child or Spousal obligation, it is important for you to keep up on your payments. Falling behind on your child support or alimony payments will cause you to have arrears which could result in serious consequences being imposed on you. If your financial circumstances change, you should request for a modification of the Order immediately. If not, you could lose your driver’s license, have your tax refund intercepted and could face possible criminal charges for non-support. Since 1976, the Law Offices of Thomas Chase Stutzman and team of Child Support San Jose experts has been helping people with modifying a child or spousal support order during a financial crises. Contact our office today for a consultation at 408 294-4600 or visit our website for more information.