Divorce can be a difficult process to navigate. During every divorce, a couple may consider requesting spousal support or alimony after they end their marriage. California courts use a formula to calculate how much, if at all, the higher income-earning spouse owes the other spouse. Dissomater is a helpful program used to calculate spousal support. Spousal support can be considered using a number of factors that take into account the ability of one spouse to pay a specified amount of financial support to the other spouse.
Spousal support may be ordered for a number of reasons. Sometimes the spouse can order spousal support to maintain their pre-divorce lifestyle or to allow the spouse sufficient time to be able to gain financial independence. Depending on the situation, different forms of alimony can be awarded.
Because of the difficulty and expensiveness of raising a child, child support is in place to make sure both parents pay for a child’s upbringing. The main goal of child support is to make sure that a child gets an adequate level of financial support. This article will provide more information on California spousal support laws and child support laws, and the various issues associated with such laws.
When Must Child Support Be Paid in California?
Spousal support, also known as alimony, are payments from one spouse to the other after a divorce or separation is filed. California courts have a wide discretion in awarding or not awarding spousal support, and make a decision based on a number of factors. In some cases it is actually possible for a court to decide neither spouse is entitled to spousal support. Different jurisdictions have local child support agencies to help you get, change, and collect child support at no charge.
DissoMaster Child Support Calculations in Californias
The DissoMaster calculator is a program used by most family law professionals to determine guideline child and spousal support payments in the State of California. It has been used in the California judicial system for a long time. The CA DissoMaster child support calculator is one of the only programs certified by the California Judicial Council for use in making support calculations in California. The DissoMaster program was designed by attorneys so that other attorneys could easily follow the guidelines set out in the California Family Law Code.
One benefit of DissoMaster is that it is updated to the California state legislature. So that when there are amendments to statutes that affect the child support formula, you’ll receive a CD add-on, with an updated version of the software. You can also download the amended version on the DissoMaster website. The DissoMaster can also be used to calculate the guideline spousal support amount in cases that may have just spousal support or involve both child and spousal support.
In conclusion, DissoMasters goal is to provide an easy to use computer program that gives you reliable and accurate support calculations for family law cases, whether simple or complicated.
The some of the most common uses for the Dissomater software are listed below:
- Calculates child and spousal support
- Used to calculate gross income and net income
- Shows many different settlement scenarios
- Displays many cases at once
When Does the Obligation to Pay Child Support and Spousal Support in California End?
Child support is the total 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 including the child’s living expenses. Spousal support is financial support given to the other spouse. Child support and spousal support are generally never terminated unless one of the events below occurs.
Child support and spousal support must be paid until one of the following events takes place:
- The child reaches the age of 18 and completes high school
- The child reaches the age of 19
- The child decides to enroll in any of the branches of the military
- The child gets married to a partner
- The child passes away or dies
- If the parties fail to set a particular termination date upon which spousal support will cease, then alimony will
- end according to state law
- In California the obligation to pay alimony automatically terminates when the supported spouse gets remarried.
- The court rules for any other reason not lifted above that child support or spousal support should be terminated
What if the Person Stop Paying Child Support and Spousal Support in California Under the Agreement?
In California, there are many penalties for failing to pay child support. Child support payments must be made according to the courts order. Payments should be paid on the specified dates listed and in the specified amount. Failure to follow a child support order will generally have legal consequences. Listed below are several examples of consequences you may face if there is a failure to pay child support:
- Garnishment of wages– If you owe child support, unpaid support payments can be automatically withheld from your paycheck without your consent
- Paycheck deductions on health insurance- If the parent was ordered to purchase health insurance for the children, the cost of insurance can be deducted from that parent’s paycheck.
- Denial of a tax refund- When a non-custodial parent is behind on child support payments, his/her tax returns will be used to pay that debt.
- Lien on personal property- A lien can be put on your personal property. This means a creditor will have debt on your property until child support is paid. The lien could be placed on any type of personal property owned including vehicles, bank accounts, or any other asset.
- Loss of Driver’s license- The California DMV may suspend your driver’s license if you owe child support. If you pay back your child support your license will be reinstated.
Passport Issues- If the non-custodial parent owes a certain amount of money in child support, their passport is denied until the balance is fully paid or a payment plan is implemented by the court.
- Criminal Sanctions or Jail Time- The California child support enforcement agency may have the option to send the non-custodial parent to jail. This usually only happens in the worst case scenario, since many states would rather find some way for the non-custodial parent to pay child support, and this will be prevented if the parent is in jail.
Should I Consult a California Family Attorney?
The DissoMaster program is available to the public for purchase, but learning how to use the program is complex and has many nuances. If the calculations are accurate, you may receive less than you are entitled to or pay more than you are required to. If you are seeking to establish or modify child support or spousal support, working with a California child support lawyer will help you understand your rights and help protect your interests.
When filing for spousal support, reporting your income, earnings and the value of your total assets, are often difficult to organize. A California child support lawyer will make this task easier on you and draft a well thought out agreement with your best interests in mind. Finally, a family lawyer will represent you adequately in the courtroom if necessary.
Jose Rivera, J.D.
Managing Editor
Editor
Last Updated: Dec 3, 2020