Your attorney can provide you an easy to understand chart on child support amounts.Day care, heath care coverage and in some circumstances private school and summer camp are added to the award proportionately to the income of the parties.
This hearing before the Judge is set for about two months after the divorce petition is filed. How long do I have to wait before the court orders him or her out of the house and to me child support and alimony?
The first court hearing on child support and interim spousal support (alimony) will take about six weeks to two months from the date of filing of the divorce petition pleading for these reliefs.
The Court has great latitude in determining what visitation is in the best interests of the child.
A 50-50 arrangement generally requires both parents live close to the school the child attends.
The general rule is that either or both parties can remain in the house until the hearing before the Judge. Interim spousal support (formerly alimony pendente lite) is intended to equalize the economic situations of the parties prior to the division of the community property.
The Court will not divide up the community property during these preliminary proceedings unless both parties agree as to the division. Fault, even adultery is not supposed to be an issue for interim spousal support but the Judge is not required to give any particular amount for interim spousal support. The court is required by law to follow child support guidelines in determining child support.1 ) the parties have lived separate and apart for six months when the petition is filed. Unless there is a valid marriage contract to the contrary, the spouses joint own all assets earned by either spouse as community property.2) the parties have lived separate and apart 180 days after the petition is filed. 4) a spouse is convicted of a felony and sentenced to a year or more in prison. This includes the revenue from separately owned property, unless a document to the contrary is properly filed with the clerk of court. Property owned by either spouse prior to marriage, gifts and inheritances are owned as separate property of the spouse.A mother with children of the marriage under the age of 5 is not expected to work. Custody is determined according to by "the best interests of the child." By law, Joint Custody is considered to be in the child's best interest.Parents are expected to earn their income potential and will be assessed child support at that level if under employed. The party named domiciliary parent makes all legal decisions for the child unless otherwise provided for in the Joint Custody Plan, which the Judge signs.The Courts go out of their way to classify property and debts as community. How does divorce affect income and debts community property debts?