CA divorce and child support laws, is it possible of paying both child support and alimony

1. There are exactly two grounds for dissolution of marriage in California: irreconcilable differences and insanity. California has been a "no-fault divorce" state since 1970; adultery is not a separate grounds, but is considered proof of irreconcilable differences.


2. Your obligation to pay child support comes before your obligation to pay alimony; while you may have a short-term spousal support obligation depending on other facts, you will have an obligation to contribute to the support of your children until each reaches adulthood.

3. The amount of your child support obligation will be calculated using a fairly complex bit of math; the most important four pieces of information in making that calculation are (a) your income, (b) Mom's income, (c) the cost of any child care necessary for both parents to be employed, and (d) the custodial time-sharing arrangement between you and your wife, translated into a percentage number.

While there are on-line estimators available, you're more likely to get an accurate answer if you consult with an attorney about this issue.

You should definitely consult with an experienced family law attorney to get answers to your questions. That said (and to add to Richard's answer), all other things being equal, you can probably expect to pay somewhere in the neighborhood of $1,400 per month in child support and very little, if any spousal support. You can, however (assuming your ex goes along with it) explore the possibility of calling it all "family support" and getting a deduction on the entire amount. You really should consult with an experienced family law attorney who can advise you on this matter after a review of all the facts. Good luck.

The following is form my web site. To calculate the amount of child support you will pay you should use one of the certified computer programs.

"Do I have to pay child support?

Child Support must be paid by a non-custodial parent until the child marries, dies, is
emancipated, turns 18 and is not a full time high school student, or turns 19 if they are a full
time high school student, whichever occurs first. An adult child who is disabled and unable to
earn a living has an ongoing right to support.

How much child support should I pay or receive?

In California, the courts use a complex mathematical formula to calculate child support that is
based on a number of factors such as the gross income of each parent, the percentage of
time each parent spends with each child, available tax deductions, child care costs, tax status
of each parent and so on. This amount is often referred to as the "guideline" child support
amount. Because of the complexity of calculating the "guideline" amount, the Court uses a
software program called "Dissomaster." Most attorneys use this program and will be able to
perform child support calculations. The Dissomaster software can be found at
http://www.cflr.com/download/dmsuite.php. Any child support order must specify the amount of
child support and when it is to be paid. Couples often agree to monthly payments in two
installments to coincide with the payor's bi-weekly receipt of wages.


Do the courts ever deviate from the standard formula for child support?

The Court may depart from the "guideline" amount in a number of situations set forth in Family
Code section 4057 (b). For example, the parent ordered to pay child support may have
extraordinary high income and the guideline amount would exceed the needs of the children.
Another example would be where the children have special medical or other needs that
require an amount greater than the guideline.

Can I get my spouse to pay extra for child care and training expenses?

There are a number of additional expenses that the non-custodial parent may be required to
pay in full or in part. Mandatory add-ons that the Court is required to order include child care
costs related to a parent's employment or training or education for employment and the
reasonable uninsured health care costs for the children. Discretionary add-ons include costs
related to educational or other special needs of the children and travel expenses for visitation.
Generally, the Court will allocate add-ons equally between the parties. However, if the paying
parent can prove that this would be unfair, Family Code section 4061(b) provides a procedure
for the Court to allocate the payment of add-ons according to the net spendable income of
each party. This most often comes into play where one party is also paying spousal support.

Who pays for health insurance for the kids?

Family Code section 3751 requires the Court, when making a child support order, to order
either or both parents to maintain health insurance for the minor children if it is available at no
cost or at a reasonable cost.

How do I get child support order?

Once a petition in a dissolution (divorce) has been filed a parent may request that the Court
order temporary child support for children born during the marriage. Where the parents are
not married, before the Court can order support, paternity must be established. Since January
1, 1995, all hospitals have been required to provide unmarried parents with the opportunity to
voluntarily acknowledge paternity by signing a Voluntary Declaration of Paternity. If this is
signed and not rescinded within 60 days it has the same effect as a paternity judgment and
can provide the basis for custody, visitation or support.