California Divorce Law Cheat Sheet

How does the state determine child custody?

Legal custody and physical custody are two different things. Legal custody: This outlines how involved each parent is in the major decisions of a child's life — where a child goes to school, what faith he or she is raised in and other biggies.(Health, Education, Welfare of child). Physical custody: This addresses where a child will live and with whom. If you have visitation, you still have custody during the times of the visits. Visitation is then negotiated based your physical custody arrangement. You and your spouse are encouraged to work together to develop a parenting plan. If you can't agree, then the court will grant custody based on the best interests of the child. These factors are taken into account: Your child's age; Your child's health; The emotional ties between each of you and your child; You and your spouse's ability to care for your children; Any history of family violence or substance abuse; Your child's connection to school, home and community.

How does the state calculate child support?

If you and your spouse can't develop your own agreement on child support, either or both of you may be ordered to pay child support. The state has established guidelines that will determine the amount. They are based upon: How much money each of you earns or can earn; How much other income each of you receives; How many children you and your spouse have together; How much time each of you spends with your child; You and your spouse's tax filing statuses; Whether either of you is supporting children from other relationships; Health insurance expenses. Mandatory union dues you or your spouse is responsible for; Mandatory retirement contributions you or your spouse must make; The costs of daycare and medical expenses not covered by health insurance. Many other factors the court decides are relevant.

How does the state determine and calculate alimony?

In California, alimony is also known as spousal support. It's not automatically a part of a divorce. If spousal support is requested, the court considers these circumstances: Your and your spouse's earning capacities — what skills you have, the market for those skills, how long it might take to acquire any necessary skills, and whether one of you spent time out of the job market to take care of things at home during your marriage. Whether one of you helped or supported the other in getting an education or advancing in his or her career. Whether the spouse who would be paying support could do so financially. You and your spouse's needs based on the standard of living you achieved while you were married. You and your spouse's debts and assets. How long you were married.