Q: We are going through a divorce and was wondering how alimony and child support are calculated
We have 4 children and I am the only financial provider. Gross income is roughly 150k a year. Is alimony calculated after child support? What is the duration of the alimony payment.
A:
Several different statutory factors go into the support calculation. To get an idea of what that looks like, the court provides an on-line child support calculator: https://childsupport.ca.gov/guideline-calculator/?emrc=63eab30fc3cad
I believe there may also be an option for adding in spousal support to the calculation using the on-line calculator. Otherwise, spousal support is calculated taking into account several different statutory factors and also taking into account the amount to be paid for child support. Duration of spousal support is also determined, in part, taking into considerations the statutory factors at Family Code §4320. Generally, for a short term marriage (less than 10 years), the duration is half the length of the marriage. For a long term marriage, the term could be the life of the supported party. Again, however, it depends on information that has not been provided with your question
A:
In California, spousal support (alimony) and child support are calculated separately, and they are based on different factors.
Child support is determined based on the income of both parents, the amount of time each parent spends with the children, and the children's expenses, such as child care and health insurance. The court will use a formula to calculate the amount of child support, which takes into account the number of children and the income of both parents.
Spousal support is determined based on a number of factors, including the length of the marriage, the earning capacity of each spouse, the standard of living during the marriage, and the age and health of each spouse. The court will consider the needs of the spouse who is requesting support and the ability of the other spouse to pay support.
The court may order spousal support to be paid in a lump sum or on a monthly basis, and the duration of the support payments will depend on the circumstances of the case. For marriages of less than 10 years, the general rule is that spousal support should be paid for half the length of the marriage, but this is not an absolute rule. For longer marriages, the court may order spousal support to be paid for a longer period of time.
It's important to consult with an attorney who specializes in family law to review the details of your case and provide you with specific advice on how spousal support and child support will be calculated in your case.
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