In process of getting divorced i've been married to my wife for 4 years we have a 3 yr old child, we will be living in the same city after full separation. i would just like to know if i would be needing to pay alimony if so what percentage of my income or specific dollar amount each month.
The general rule for marriages not of long duration (10 years or less) is you will typically pay spousal support for half the length of marriage. But, the court has equity powers to make you pay for a longer period of time or a shorter period of time.
In regards to the amount, Santa Barbara County uses the dissomaster program in order to determine temporary support, that is the amount after the other party files a Request For Order and before the final judgment. This is based on the income of each party and certain deductions. In regards to a permanent spousal support order, the court must consider all factors listed in family code § 4320 to determine the amount of permanent support to order.
My advice, call a lawyer. A lawyer can navigate the system for you and ensure your rights are protected. Best of luck yo you.
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Use the state's calculator for temporary child & spousal support estimates: https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator
It's not a percentage. As my colleagues have indicated, it's based on need, based on incomes. Women still, usually, make less than men.
All of Ms. Straus’ responses posted on Avvo are intended as helpful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. Good luck.
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