Is child support and spousal support based on the same criteria?

In California, child support and spousal support are considered two different types of court-ordered payments. Although both payments are based on the same basic criteria, they are applied differently. Child support is based on a formula set forth by the California State Legislature. This formula considers the income of both parents, as well as other factors such as any government assistance the custodial parent may be receiving, childcare expenses, or healthcare costs. The same formula is also used to calculate the amount of spousal support that needs to be paid, however the amount of support can be modified in court based on the needs of the spouses. In addition to the formula set out by the state, courts may consider the length of the marriage, each spouse’s earning potential, debts, assets, care of a child or elderly family member, age, and health of the parties, among other factors. This is known as the “Dissomaster” system, and helps courts to determine the amount of spousal support that is fair and appropriate for both parties. In summary, although child support and spousal support are both based on the same basic criteria, the calculation method and factors considered are different. Courts may also consider additional factors when deciding on the amount of spousal support to be paid.

Related FAQs

Can an agreement be reached to revoke spousal support?
Does spousal support terminate if the paying spouse remarries?
What is spousal support?
What happens if the paying spouse has a change in circumstances?
What happens if the paying spouse becomes disabled?
Is spousal support considered a form of financial aid?
Is spousal support taxable when it is received?
What is the court’s policy on spousal support adjustments?
Is spousal support calculated differently in different states?
Can spousal support payments be increased if the cost of living increases?

Is child support and spousal support based on the same criteria?

Related FAQs

Related Blog Posts