Family Law

Spousal Support & Child Support

When you are going through a divorce, the most precious things in your life are at stake: your children, your house, your life savings. This is a difficult and emotional time. You need to make sure your attorney will pursue your best interests.

There is no such thing as a “typical divorce”. At the Law Offices of David Korsunsky, we will listen to you, and help you decide what’s right.

Explanation of commonly used terms and issues in California family law:

Spousal Support

When a couple legally separates or divorces, the court may order 1 spouse or domestic partner to pay the other a certain amount of support money each month. This is called “spousal support” for married couples and “partner support” in domestic partnerships. It is sometimes also called “alimony.”

In order for spousal or partner support to be legally established and officially start, there must be a court case.

A spouse or domestic partner can ask the judge to make a spousal or partner support order as part of 1 of these types of cases:

  • Divorce, legal separation, or annulment; or
  • A domestic violence restraining order.

You can ask for spousal or partner support to be paid while your case is going on. This is called a “temporary spousal support order” or a “temporary partner support order.” Support can also be ordered once the divorce or legal separation becomes final, as part of the final divorce or separation judgment. When it is ordered once the case becomes final, it is called “permanent (or long-term) spousal or partner support.”

Child Support

Child support is the amount of money that a court orders a parent or both parents to pay every month to help pay for the support of the child (or children) and the child’s living expenses.

Each parent is equally responsible for providing for the financial needs of his or her child. But the court cannot enforce this obligation until it makes an order for support. When parents separate, a parent must ask the court to make an order establishing parentage (paternity) and also ask the court to make an order for child support.

Child support payments are usually made until children turn 18 (or 19 if they are still in high school full time, living at home, and cannot support themselves).

Either parent can ask the judge to make a child support order as part of one of these types of cases:

Divorce, legal separation, or annulment (for parents who are married or in a registered domestic partnership);

  • A Petition to Establish Parental Relationship (for unmarried parents);
  • A domestic violence restraining order (for married or unmarried parents);
  • A Petition for Custody and Support of Minor Children (for parents who have signed a voluntary Declaration of Paternity OR are married, or registered domestic partners, and do not want to get legally separated or divorced )

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