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How does my earning capacity influence child and spousal support?

Disagreements over a multitude of issues will inevitably arise in a California divorce. This is true whether it is a high-asset divorce or one of more moderate means. With support issues - including child and spousal support - people have a basic understanding that one spouse will likely pay support to the other, but they may be unsure of how certain factors are considered.

Children must be cared for with their best interests in mind, but with spousal support, there is greater nuance. Understanding how the spouses can handle the support order while maintaining a standard of living is a key part of the determination. When the case is moving forward, the parties should know what earning capacity and standard of living mean and how each can impact the support order.

The judge will seek to ensure that the parties can maintain their marital standard of living in a reasonable context. To accomplish this, the judge will assess their marketable skills; the job market; the time and expense that will be needed to gain skills to function in the job market; and what their earning capacities are.

The partner receiving support might not have the necessary experience or education to retain the level of income they are used to. This will be addressed by receiving training, schooling and learning skills to reach that point. Once that has been achieved, the support order can be changed or ended. The judge will also weigh other factors, such as periods of unemployment while the person focused on raising their family.

Spousal support can be complicated, and both spouses should be cognizant of what the judge will consider when deciding who will pay support, how much it will be, how long it will last, and more. For those who are getting a divorce, it is important to know about child and spousal support and how it is calculated. A legal firm experienced in family law can provide guidance and help with these situations.

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O'Brien Family Law, PC 

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Sacramento, CA 95814

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