Often a party to a divorce may be eligible for temporary spousal support, temporary child support, or both. Calculating the amounts due can be a complicated process. Though this is not a comprehensive list, courts may consider some of these factors when calculating support:
- Earning capacity, including employability and ability to work without harming dependent children;
- Future earning capacity of a party who chose caring for family over pursuing a career,
- Contributions made by one spouse toward the education or training of the other,
- Ability to pay spousal support while maintaining a standard of living,
- Community and separate obligations and assets,
- Length of marriage,
- Age and health of each spouse,
- Domestic violence claims,
- Tax consequences to the parties,
- Criminal convictions, and
- Any other factors the court considers to be important.
One thing to remember is that temporary spousal support and child support are not granted automatically. You have to ask for them.
Applying for Temporary Spousal Support
Temporary spousal support can be requested if you have an open case for divorce, legal separation, or a domestic violence restraining order. Your attorney can help you complete and file the following forms to request temporary spousal support or child support:
- Request for Order, and
- Income and Expense Declaration.
After filing your papers, you will have someone else serve a copy on your spouse, along with two other documents:
- Responsive Declaration to Request for Order, and
- Income and Expense Declaration.
Then you and your attorney will file a document stating that your spouse was served. At the hearing, the judge will sign an order stating whether you get temporary spousal support and how much.
Applying for Temporary Child Support
You must have opened one of the following cases to request temporary child support:
- If married or a registered domestic partner – a divorce, legal separation, annulment, domestic violence restraining order, petition for custody, or local child support agency case.
- If not married or a domestic partner –a parentage (paternity) case, domestic violence restraining order, petition for custody and support of minor children, local child support agency case.
This process is similar to requesting temporary spousal support. However, make sure you serve copies with the local child support agency if they are involved.
As with spousal support, the judge enters a court order. After the hearing, the process is slightly different. You’ll need to prepare a Notice of Rights and Responsibilities – Health-Care Costs and Reimbursement Procedures. Each parent will also complete a Child Support Case Registry Form
You Don’t Have to Do This Alone.
Navigating divorce court can be distressing. We’re here to help. Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys.
Ms. Burger is a California Certified Family Law Specialist and founder of the Law Offices of Judy L. Burger. We assist clients in California’s Northern to Central Coast, including San Francisco, Gold River, Santa Barbara, Ventura/Oxnard, and surrounding communities. Our new Beverly Hills office is opening soon.