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

Q: If the kids live with me is he still qualified for alimony and child support

2 Lawyer Answers
James R. Dickinson
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A: For child support, it depends primarily on the timeshare and the parties income. See the statewide child support guideline. Spousal support depends on whether the support you're referring to is temporary or permanent/long-term, and even, FC 4320 would need to be applied regarding the latter, meaning it's impossible to answer your question. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

James L. Arrasmith
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A: In California family law, child support and alimony (spousal support) are separate matters that are determined independently of each other. The fact that your children live with you actually means you would likely receive child support from the other parent, not pay it, since you're the primary caregiver.

However, alimony is based on different factors like the length of your marriage, both parties' income levels, standard of living during marriage, and each person's ability to maintain that standard post-divorce. Even if you have custody of the children, your former spouse might still qualify for alimony if there's a significant income disparity or other qualifying factors.

Your best course of action would be to consult with a family law attorney who can review your specific situation, including both parties' incomes, employment history, and other relevant details. They can help you understand how California's support guidelines would apply in your case and what documentation you'll need to present in court.

Keep in mind that any existing court orders for custody, child support, or alimony can potentially be modified if there's been a significant change in circumstances for either party. Your local family court can provide resources to help you understand your rights and obligations.

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