Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   California law regarding child support and alimony (https://www.askmehelpdesk.com/showthread.php?t=364728)

  • Jun 13, 2009, 10:31 PM
    farah63
    California law regarding child support and alimony
    Hello! I just try to find out about California law till what age is child support
    I've been married more than 23 years for how long I am gone get alimony.
    Thanks
  • Jun 13, 2009, 11:36 PM
    justcurious55

    Well, for child support it's until the child turns 18 or graduates high school, whichever comes later. For example, I turned 18 in the beginning of my senior year. But my father was still ordered to pay support until I graduated. If I had been 17 when I graduated, my father would have had to pay until I turned 18.
  • Jun 14, 2009, 04:39 AM
    stevetcg

    You will get alimony as long as it is ordered for. Somewhere between Not at all and forever. It will all depend on the divorce decree and your lawyer.
  • Jun 14, 2009, 06:38 AM
    ScottGem

    Alimony and child support are subject to negotiation as part of the divorce decree. So its possible for support to continue until the child graduates college. And for alimony to continue forever.
  • Jun 14, 2009, 09:57 AM
    cadillac59
    Quote:

    Originally Posted by farah63 View Post
    Hello! i just try to find out about california law till what age is child support
    i've been married more than 23 years for how long i am gone get alimony.
    thanks

    California law on the duration of child support is as follows:

    Family Code:
    3901. (a) The duty of support imposed by Section 3900 continues as
    To an unmarried child who has attained the age of 18 years, is a
    Full-time high school student, and who is not self-supporting, until
    The time the child completes the 12th grade or attains the age of 19
    Years, whichever occurs first.
    (b) Nothing in this section limits a parent's ability to agree to
    Provide additional support or the court's power to inquire whether an
    Agreement to provide additional support has been made.

    There is no maximum statutory period that spousal support can run. In marriages under 10 years duration (from date of marriage to date of separation) it is assumed that spousal support extending one-half the length of the marriage is a reasonable time for a party to become self-sufficient, and self-sufficiency is the goal of a support award. Other than that the code gives us no guideline on the term a long-term support award should run. It is completely within the discretion of the court.

    Temporary spousal support orders, which are completely different and should not be confused with long term orders, can last as long as it takes for the case to be brought to a conclusion and are not subject to a half-the-length-of-the-marriage rule.
  • Jun 14, 2009, 01:40 PM
    cadillac59
    Quote:

    Originally Posted by ScottGem View Post
    Alimony and child support are subject to negotiation as part of the divorce decree. So its possible for support to continue until the child graduates college. And for alimony to continue forever.

    While what you said is absolutely correct, I wanted to add that in 20 years of practicing law in California, the last 8 of which involved practicing family law exclusively, I have yet to see an agreement for college level support of a child. For some reason we have a real aversion to that in this state. I've talked to judges informally about it, asking typically if the issue were up for a vote would that particular judge favor a change in the law that could impose a college level support obligation, and ever judge I've ever asked the question to has said no. Not sure why, but there is a strong distaste for the idea in California.
  • Jun 14, 2009, 04:22 PM
    cdad
    Quote:

    Originally Posted by cadillac59 View Post
    While what you said is absolutely correct, I wanted to add that in 20 years of practicing law in California, the last 8 of which involved practicing family law exclusively, I have yet to see an agreement for college level support of a child. For some reason we have a real aversion to that in this state. I've talked to judges informally about it, asking typically if the issue were up for a vote would that particular judge favor a change in the law that could impose a college level support obligation, and ever judge I've ever asked the question to has said no. Not sure why, but there is a strong distaste for the idea in California.

    I can give you 2 reasons that may be the case.
    1) the system in California varies so widely that you could be setting up a parent for a lifetime of debt by forcing them to pay for tuition etc.

    2) the California education sysytem has many many great free to go to schools so if the state already has a system in place why try to impose it on others.
  • Jun 14, 2009, 06:11 PM
    Fr_Chuck

    So the simple answer is, so much will depend on
    1. what you ex may just agree to instead of spending 1000's on attorneys
    2. what your attorney can fight and get
    3. and what the judge may finally award if no agreement can be reached

  • All times are GMT -7. The time now is 09:58 AM.