Support in Family Law Cases

There are two types of support in California. One is child support and the other is spousal support. There are two types of orders in California dissolution cases. One is a temporary order during the pendency of the case, called a pendente lite order. And the other is an order after judgment. Child support awards are modifiable based upon changed circumstances irrespective of judgment. The concept makes sense, because it will usually be in the best interest of the child for the parent with more custodial time to get a greater support award when the supporting party can afford to pay more. The policies behind child support and spousal support are different. Child support is so important that even if the parties want to cut off the right of one parent to support the child or fix support at an amount that is not subject to change, those agreements may not even be enforceable. The parties can always agree on an amount of support to be paid. But getting a Judge to sign off on the agreement and making it an order of the Court is a different story entirely. Likewise, despite a court order obligating a party to pay a certain amount of support, the parties can subsequently agree to another arrangement. This, however, can be very a dangerous proposition. If the amount of support to be paid is going to be changed, the new agreement should be memorialized in writing. It is better still to have it signed by both parties. And, it is best to actually have a stipulation and order filed in Court, which changes the amount of support. Spousal support awards may also be modifiable after judgment. But here is where good lawyering can help the party who has to pay. A good lawyer will understand that the concept of spousal support involves a number of factors. These factors include a laundry list of things to be considered by the Court in setting the amount of support. One often over-looked issue, however, is whether the amount of spousal support can be modified after judgment.

For all of your family law needs, please contact the Law Offices of Richard A. Marcus, Esq., at 661-257-8877.

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