Child and Spousal Support Limits

[w8n4ufo]

I live in California. My husband and I may be divorcing soon and in conversations he has stated that the maximum amount of support required by law that he will have to pay is 40% of his income. We have 2 children together and I have been a stay at home mom. I will also be the main custodial parent should we divorce and he will have visitation. I would like to know if he is correct. It just doesn't sound balanced fairly as each of us will have to live off of 13.3% of his income to his 60%. I intend on completing my education and returning to work, but until I can provide for myself and my children on my own, I need to be able to take care of our basic needs. As it stands now, if I were to go to work, the income I would be able to make would only cover the child care expenses for me to be able to go to work. I would appreciate any assistance anyone can offer in answering this question.

 

[I AM ALWAYS LIABLE]

I live in California. My husband and I may be divorcing soon and in conversations he has stated that the maximum amount of support required by law that he will have to pay is 40% of his income. We have 2 children together and I have been a stay at home mom. I will also be the main custodial parent should we divorce and he will have visitation. I would like to know if he is correct. It just doesn't sound balanced fairly as each of us will have to live off of 13.3% of his income to his 60%. I intend on completing my education and returning to work, but until I can provide for myself and my children on my own, I need to be able to take care of our basic needs. As it stands now, if I were to go to work, the income I would be able to make would only cover the child care expenses for me to be able to go to work. I would appreciate any assistance anyone can offer in answering this question.

My response:

1. What is the length of your marriage?

2. How many children total (I know you said two)? I'm also asking about children prior to marriage.

3. Their ages?

4. His income?

5. Your total debt amount?

IAAL

 

[w8n4ufo]

Thank you for replying to my post, it is greatly appreciated. In response to your questions-

1. We have been married for 4 years.

2. We have 2 children together and I have a daughter from a previous marriage.

3. Our children together are ages 8 and 2. My daughter from my previous marriage is 12.

4. His income on our last years tax return was $73,000.

5. Our monthly expenses amount to approximately $2,500 - $3,000. As far as our total debt amount, I'm not sure off the top of my head how much it is. I would have to review our records for a total on that.

 

[I AM ALWAYS LIABLE]

My response:

Based upon a 4 year marriage, at most you can expect is a one-time payment of around $14 - 15,000, or spread out through 12 equal payments, for Spousal Support. Without knowing your debt load, that's about as accurate as I can get.

Insofar as Child Support is concerned, he's about correct. He must have received some very good legal advice.

IAAL

 

[typhoon]

re: spousal support

Spousal support,

I thought spousal support in California,. "Usually if you have been married 10 years or more". Your answer to her question is very confusing to me.

I thought spousal support only if you married 10 year or above in California. I believed this is called long term commitment.

Typhoon