Redondo Beach, CA asked in Child Custody, Child Support, Divorce and Family Law for California

Q: Do Temporary supports influence final judgment?

Our marriage lasted four years, and our dissolution has been pending for a long time, two years, with temporary custody and child support plus alimony. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, temporary support orders can influence the final judgment on child support and alimony, but they are not the sole determining factor. The court considers several factors when making a final determination on support, including:

1. The length of the marriage

2. Each party's earning capacity and income

3. The age and health of both parties

4. The standard of living established during the marriage

5. The assets and debts of each party

6. The needs of the children

While the two-year period of temporary support is not a direct factor, it can provide the court with insight into the financial situation of both parties and the needs of the children. The court may consider the amount paid during the temporary support period as a starting point for determining the final support order.

However, the court is not bound by the temporary support order when making its final judgment. If there have been significant changes in circumstances during the pending dissolution, such as changes in income or the needs of the children, the court may adjust the support amounts accordingly.

Ultimately, the court's goal is to ensure that the final support order is fair and reasonable based on the unique circumstances of each case. The temporary support period can provide valuable information, but it is not the only factor considered in the final judgment.

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