An overview of child support and spousal support in a California family law divorce action

1. A quick guide to child and spousal
support
CHRISTY HOROWITZ & SANFORD HOROWITZ
ATTORNEYS AT LAW
HOROWITZ LAW
1032 SANTA BARBARA STREET
SANTA BARBARA, CA 93101
(805) 452-7214
CHRIS@HOROWITZFORLAW.COM * SANDY@HOROWITZFORLAW.COM
WWW.HOROWITZFORLAW.COM

2. Benefits of Child Support
• After a divorce, one of the most important factors is maintaining a
similar lifestyle for the children
• Only custodial parents are eligible to receive child support payments.
• Children who receive child support are more likely to:
• Do well in school
• Have increased security
• Attend college

3. How to Obtain Child Support
Payment of child support and the amount of child support that is to be
paid can come about in one of three main ways:
1. Informal negotiations between the parents (usually with attorneys)
2. An out-of-court alternative dispute resolution (ADR) proceeding, similar to
mediation
3. Court Order

4. Determining Child Support
Which parent makes support payments to the other depends mostly on
two factors:
• where the kids spend their time, and
• how much each parent earns.

5. How Does the Court Determine Child
Support?
• income and needs of the custodial parent
• paying parent's ability to pay
• child’s standard of living before divorce or separation
• needs of the child -- including health insurance, education, day care,
and special needs

6. How Does the Court Determine Amount of
Child Support?
• child support or alimony either parent receives from a previous marriage
• whether either parent is paying child support or alimony from a previous marriage
• whether either parent is responsible for children from a previous (or subsequent) marriage
• which parent is paying for health insurance, and the cost
• which parent is paying day care costs, and the cost
• whether either parent is required to pay union dues or has other amounts deducted from
paychecks ages of the children
• whether either parent receives irregular income such as bonuses or incentive pay, or expects
severance pay or other lump-sum payments, and
• whether either parent lives with a new partner or spouse who contributes to household
expenses.

7. What should child support be spent on?
There is a growing misconception that child support should only cover
a child’s bare necessities, such as food and clothing. Child support is
meant to cover a broad range of expenses including:
• education
• entertainment
• medical expenses
• extracurricular activities
• insurance

8. How to Pay Child Support
• Sending checks directly to the recipient or electronically
• Income withholding order (IWO) (also known as a wage assignment),
making the paying spouse’s employer responsible for deducting the
support amount from the paycheck and sending it
• The recipient can register the child support order with your state’s
child support enforcement agency, and the paying spouse (or the
spouse’s employer) can pay the support to the agency, which in turn
pays the recipient spouse

9. How to Modify Existing Child Support Orders
• Payments may be increased or decreased under certain
circumstances, such as:
• Receipt of additional income
• Job change of either parent
• Cost of living increases
• Disability incurred by either parent
• Increased needs of the child
• Temporary modifications include:
• The child has a medical emergency
• The child has educational expenses
• The paying parent has a temporary inability to pay (loss of job or illness)
• Temporary hardship of the recipient parent

10. What Happens if Child Support is Unpaid?
• Withholding federal tax refunds
• Garnishing wages
• Seizing property
• Suspending an occupational license
• Suspending a business license
• Revoking driver's license.
• Jail time

11. When does Child Support Stop?
• turns 18, or of legal age
• becomes emancipated
• joins the military
• gets married

12. Where to Calculate Child Support
• California Main Factors Used in Calculating Child Support [PDF]
(California Courts)
http://www.courtinfo.ca.gov/selfhelp/family/support/documents/ma
infactors.pdf
• Statewide Uniform Guideline (California Family Code sections 4050-
4076) http://caselaw.lp.findlaw.com/cacodes/fam/4050-4076.html
• Department of Child Support Services (California Dept of Social
Services) http://www.childsup.cahwnet.gov/

13. Benefits of Spousal Support
Limit any unfair economic effects of a divorce by providing a continuing
income to a non-wage earning or lower-wage earning spouse.
Often times after divorce, one spouse is untrained or has been out of
the workforce for such a significant amount of time that it becomes
difficult for them to attain a job or professional position that allows
them to maintain their expected standard of living.

14. Determining Who Pays Spousal Support
• If parties cannot agree on spousal support, a court relies on state support guidelines that include
the following:
• Length of marriage
• How the property is being divided
• Couple’s standard of living during the marriage
• Each spouse’s separate income, assets, and obligations
• The age, physical condition, emotional state and financial condition of former spouses
• The length of time the recipient would need for education or training to become self-sufficient
• The ability of the payer spouse to support the recipient and still support themselves
• Needs of the children, and whether child care responsibilities affect the dependent spouse’s ability to return
to work
• Debts and property
• Whether there was domestic violence during the relationship
• Whether one spouse’s career was affected by unemployment or by taking care of the children or home
• Tax impact of spousal support
• The possibility that either spouse may acquire assets in the future (such as the maturing of stock options or a
large inheritance)

15. Negotiating Spousal Support
Be aware of your spouse’s finances during negotiations:
• Your spouse’s separate assets. If your spouse has separate assets, you’re
entitled to know their value.
• Income and expense information. You definitely want a detailed monthly
income and expense report—which should be one of the forms your
spouse is required to give you—to show you where your spouse’s money is
going
• Bonuses, overtime, and benefits. Don’t forget income from things like
bonuses and overtime, even though they’re not completely predictable.
Likewise, pay attention to things like stock options and the value of work-
related benefits, such as unused vacation pay and sick pay, company-paid
vehicles, and health insurance benefits.

16. Spousal Support Options
• Lump-sum spousal support:
• Granted in lieu of a property settlement
• Fixed amount
• Can be paid to the estate of the deceased recipient
• Rehabilitative alimony:
• Time specific
• Provides the recipient with funds to obtain the job skills and education needed to become
self-sufficient
• Available to the stay-at-home parent
• Permanent spousal support:
• Continues until the recipient remarries or either party passes
• Can be terminated or suspended if the recipient cohabitates with another partner

17. Spousal Support Options
• Paying to third party: You can make payments through a third party considered as
spousal support. Payments can include:
• Medical costs
• Housing expenses
• Tuition
• Anything else that is provided for under your divorce or settlement agreement

18. Modifying Spousal Support
• If you’re negotiating an agreement about spousal support, you can state that the amount
can’t change
• If you want some future flexibility, you might state that the amount can change only if:
• both ex-spouses agree
• the court orders it
• either spouse’s income changes by a specified percentage, or
• one spouse becomes disabled
• If you don’t have a modification provision in your settlement agreement, and you can’t
agree later to a change, then your state’s law will control the matter. Most courts allow
modification if there is a significant change of circumstances. Some states, however,
won’t modify spousal support at all—they allow courts to make orders only about child
support after the divorce is final, no matter what happens

19. When does Spousal Support Stop
• Death of either spouse (To avoid losing spousal support upon a death, be sure to
get a life insurance policy with the recipient spouse as the beneficiary)
• Remarriage of the recipient
• Recipient lives with another party, generally recognized as a couple
• Continuation of alimony is a financial hardship or unfair treatment
• Once spousal support is terminated, it cannot be reinstated

20. A quick guide to child and
spousal support
CHRISTY HOROWITZ & SANFORD HOROWITZ
ATTORNEYS AT LAW
HOROWITZ LAW
1032 SANTA BARBARA STREET
SANTA BARBARA, CA 93101
(805) 452-7214
CHRIS@HOROWITZFORLAW.COM * SANDY@HOROWITZFORLAW.COM
WWW.HOROWITZFORLAW.COM