Practice Area

Spousal, Child, and Family Support

During a divorce case, either party may ask the court for temporary support. The goal of this support is to support a party until the court makes a final judgment in the divorce case or until the parties come to a settlement of all issues. The court is required to follow a guideline calculation, however the court may deviate from the guideline under special circumstances.

The parent with primary custody can seek support for the child(ren) until the child(ren) is 18 years old or graduates from high school.

You may claim a tax deduction for spousal support, and the other party must pay taxes on spousal support received. However, child support is not tax deductible.

Permanent support is the amount of support that must be paid after the conclusion of the divorce case pursuant to a settlement agreement or court order. One goal of permanent spousal support is to assist a person for a period until they can become self-supporting and this period is generally half the length of marriage. However, if the marriage was of "long duration"—approximately 10 years—then the court typically will not terminate jurisdiction over spousal support. Under California Family Code Section 4320, many factors affect the amount and duration of spousal support, so you should consult with one of our attorneys to analyze your particular situation.