Frequently Asked Questions - Family Law

• Question: How will my child support amount be determined?
  
  Answer: There are several variables set forth in the California Family Law Code that come into play and become relevant in determining the amount of child support that the payer parent will be required to pay. Those variables include the amount of money each parent earns, the percentage of time each parent has with the child or children, whether day care monies are spent to care for the child or children during the day and when the parent or parents are working, health care costs paid by the parent or parents, union dues paid by the parent or parents, etc. You should call and set up an appointment with Steven Brown so that your individual questions can be answered.
  

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• Question: How long is child support paid?
  
  Answer: Generally speaking, child support is typically paid by the payer parent until the child or children reach age 18 and are out of high school.
  

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• Question: Should I move out of my marital home?
  
  Answer: There is no legal reason to move out of the marital home unless things have gotten so bad that there is a chance that domestic violence may occur. This issue can become very complicated and have several legal ramifications. You should consult an attorney before you make a move either way.
  

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• Question: My spouse had an affair. Do I need evidence of this for my divorce proceeding or to fight for custody?
  
  Answer: No. California is a no-fault jurisdiction which means that it doesn’t matter which party is at fault in causing the marriage to fail. Additionally, an affair by one parent will not be an issue in a custody battle unless either parent can establish that the presence of the spouse’s new friend is somehow detrimental to the health, safety, welfare and/or best interests of the children.
  

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• Question: Can I get child support before my divorce is final?
  
  Answer: Yes. You can get court ordered child support typically within two to three months of filing your Petition for Dissolution of Marriage and Order to Show Cause regarding custody, visitation, child support, spousal support and attorney fees. Remember, the sooner you file for dissolution of marriage or legal separation, the sooner you will be able to collect child support.
  

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• Question: How long will it take for my divorce to be finalized?
  
  Answer: It depends on many factors —the complexity of the case, whether there is a “custody battle”, whether assets have to be sold or whether the parties can agree to split their community property without court intervention.
  

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• Question: Will my kids have to testify to anything or appear in court?
  
  Answer: No. The courts typically do not want the children testifying in court. If the court wants to hear from the children the court may appoint minor’s counsel to meet with and represent the children in court so that a court appearance is not required of the children. If the court does want to hear directly from the children, the court will conduct an in camera proceeding. This means that the judge will meet with the child or children in his chambers and without the need of placing the child or children on the witness stand.
  

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• Question: Will my spouse and I have to sell our home?
  
  Answer: Not necessarily. If one of the spouses can financially afford to buy out the other spouse’s equity interest in the house, then that spouse can refinance the home and pay off the seller spouse’s equity interest in the house.
  

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• Question: Do I qualify for spousal support?
  
  Answer: If you are the spouse who earns less than the paying spouse, then chances are pretty good that you can collect spousal support. If you are a stay-at-home mom or dad and the other parent is the primary earner, then you will probably receive spousal support for a certain period of time. The amount of time you receive spousal support will generally depend upon how long you were married and how qualified you are to return to the work force and become self-supporting.
  

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• Question: How long does spousal support last?
  
  Answer: It depends on how long the marriage was and how long it will reasonably take you to become self-supporting.

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• Question: Will it hurt me in my divorce proceedings if I am dating someone new?
  
  Answer: No.
  

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