Clovis, CA asked in Family Law and Child Support for California

Q: Can husband be awarded spousal support from wife, if he's paying child support to wife?

CA Divorce

9 years, 3 months marriage

2 minor children: 14, daughter; 11, son

Husband earns $48,000

Wife earns $95,000

Proposed order on child support is $636 to wife/mother. Husband is requesting spousal support from wife. She's staying in the home (4 bed/2 bath)... mortgage payment is $975. He's renting a room in a 2 bed/2 bath apartment, with a roommate. Rent in an okay, safe area for a 2 bedroom is $1,500+. 3 bedrooms are $1,900+. He needs at least 2 rooms to provide separate bedrooms for the kids. Likely won't be able to do it without a roommate, and/or spousal support.

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1 Lawyer Answer
Stephen Peter Anderson
Stephen Peter Anderson
  • Santa Maria, CA
  • Licensed in California

A: Support is generally calculated using the gross incomes of the parties, and the visitation percentage. Other deductions from health insurance, union dues, mandatory retirement, etc. are also inputted. Expenses of the parties are not considered. Spousal support, temporarily (before final judgment) can use the same calc. program.

I ran your numbers, but don't have some of the information. But the answer to your question is that, depending on the incomes of the parties, there could be child support paid by one spouse, with spousal support paid to the the CS paying spouse. The numbers would then be offset to cause a net payout by one, or the other.

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