My ex and I have a set of numbers under the guidelines as the temporary SS and CS, pending on the future custodial trial. But recently my ex wants to get re-married, we just changed our status to single. So, technically,our divorce is finalized.
How is the support calculated at the future custodial trial, is is done through the guidelines, or based on needs? Are both CS & SS subject to change,or just the CS?
You have a lot of questions contained in such a small amount of verbiage. By and large, child support is state mandated by Dissomaster guidelines. Spousal support is far more complicated and the standards for temporary spousal support is entirely different as compared to the standards reviewed by the Court in regard to a long term spousal support award. At a starting point, an attorney would have to look at both parties earning abilities, the duration of the marriage, education, and actual need for support.
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Temp orders are higher than "final" orders. Everything will go lower on the actual order because the temp order was to help you get on your feet.
Everything is calculated with the court calculator (the software program is called, "X-Spouse.")
Dawn M. Saenz is licensed to practice law in the State of California and the California Supreme Court, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
Carefully review your Marital Settlement Agreement or Judgement. If spousal support jurisdiction has been reserved, then the Court will look at your standard of living, marital length, and employment prospects to determine long term support if the two of you can't agree. Changed circumstances (e.g. job loss, health problems, etc.) could impact the amount. Child support will follow Family Court Guidelines.
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