Differences Between Child Support and Spousal Support
An Orange County spousal support attorney can provide you with important information on alimony and on the types of support you may be entitled to as a result of a marriage. An attorney helps with many important matters related to spousal support, from modifying support to asking for the court to order support to negotiating on the issue of support in a prenuptial agreement.
Spousal support is just one possible type of support that may need to be paid from one person to another after a relationship ends. If two people share a child, child support may also be ordered.
There are very important differences between child and spousal support and you need to know exactly what those differences are. An Orange County spousal support attorney can provide you with insight into support obligations and insight into California laws related to spousal and child support.
Brown & Charbonneau, LLP can not only offer you advice on support obligations, but can also help you to petition the court on matters related to child and spousal support. To find out more about the ways in which our legal team can assist you, give us a call today.
Key Differences Between Spousal Support and Child Support
Spousal and child support are very different. While spousal support is not required in every situation where a marriage ends, child support is virtually always required if parents are not going to be raising a child together. As the Superior Court of California explains: “California state law says that every parent has a duty to financially support his or her child.” The law does not require that every person financially provide for an ex husband or an ex wife.
It is considered sound public policy for a parent to provide support for a child, at least until that child’s 18th birthday. This means a lot of different things. For one thing, it means a parent cannot waive support in a prenuptial agreement. Even if you agree before you have kids that you will not seek child support, child support will probably still be ordered if you separate and are not raising kids together. The state can also initiate child support proceedings, even if the custodial parent does not do so, if the parent with custody of the kids applies for any type of public assistance.
Spousal support is treated very differently than child support. While California law makes provisions for the court to order temporary or permanent support in appropriate cases where there is an earning discrepancy, spousal support isn’t always awarded at the end of a marriage. The state won’t pursue a spousal support claim, and there aren’t as many legal systems in place designed to collect and distribute spousal support in order to make sure it is received. It is also possible to waive spousal support in a prenup or at the time of divorce, unlike with child support.
When Should You Talk with an Orange County Spousal Support Attorney?
While the state provides lots of help to custodial parents in trying to get child support, you will get much less help in trying to get spousal support when your marriage comes to an end. If you want your ex to pay you alimony, you are going to need to negotiate on this issue when your marriage is being dissolved.
If your ex does not agree to pay, you will have to go to court and convince the judge that it is appropriate to award spousal support. There is no standard formula used to determine what support you should receive, so you will also need to show the court why your desired support amount is appropriate.
Since it can be more difficult to get spousal support, you need to make sure you have the right legal help if you are hoping for financial assistance from your ex after a divorce. An Orange County spousal support attorney can explain the legal process used to get support and can help you through this process.
Getting Help from An Orange County Spousal Support Attorney
Brown & Charbonneau, LLP understands the California rules for both child support and spousal support. We know the law inside-and-out and can work with you to make certain you are receiving a fair amount of support or paying appropriately when your relationship has ended.
To find out more about how an Orange County spousal support attorney can assist you, give us a call at 866-237-8129 or contact us online today to speak with an experienced member of our legal team.