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Our Oakland family law attorneys help with every part of spousal support, whether you may pay it or receive it. We'll help you understand what to expect, build a plan and enforce the orders a court issues. We're proud to offer free consultations, so if you're having an issue, we want to help.
Support is often the part of a divorce people plan for least. You may already know what you want for the house or parenting time, but not what support will look like. Understanding it early helps you build a plan that works for you and your family. If you want a second opinion or simply more information, call us today.
Schedule a Free ConsultationA spouse or registered domestic partner can ask for spousal support as part of a divorce, legal separation or annulment case. The person who receives support is called the obligee, and the person who pays is the obligor. If you owe spousal support, you're the obligor and your former spouse is the obligee.
If your judgment already includes support orders, they're legally enforceable. If it doesn't, you may still be able to ask the court for support later.
Spousal support, sometimes called alimony, is money one spouse pays the other during or after a divorce or legal separation. It's often ordered when one spouse earns much more than the other, to help the lower-earning spouse adjust and work toward supporting themselves. Spousal support can be ordered whether or not the couple has children.
There are two kinds. Temporary support applies while the case is open. Long-term support is set in the final judgment after the judge weighs factors such as each spouse's earning capacity, the marital standard of living, the length of the marriage, each spouse's age and health, and any history of domestic violence.
For marriages under 10 years, a common guideline is about half the length of the marriage, though the judge can set a different period. For marriages of 10 years or more, the court may keep power over support with no set end date. Support usually ends if the receiving spouse remarries or either spouse dies, unless the parties agree otherwise in writing.
If you have children, child support is usually decided alongside spousal support. Child support is money one parent pays the other to help cover a child's needs, and either parent can ask for it, whether the parents were married or not. Child care and uninsured health care costs are usually added on top of base support.
California sets child support with a statewide guideline formula. It looks at each parent's net disposable income (income after taxes and certain required deductions) and how much time the children spend with each parent. Regular bonuses, overtime and commissions can count. Spousal support is calculated after child support, so the two affect each other.
Estimate your amount with our California child support calculator, or read how child support is calculated in California.
Custody and child support are separate orders, but they're closely connected. The time your children spend with each parent is one of the two main inputs in the child support formula, so a change in your parenting schedule can change the amount of support, too. That's why it helps to plan your parenting schedule and your support together.
To learn how parenting plans, legal custody and physical custody work, visit our Oakland child custody lawyers page.
If the other parent or your former spouse doesn't pay court-ordered support, you have options. You can ask the court to enforce the order, or work with the Alameda County Department of Child Support Services for child support at no cost. Enforcement tools include wage withholding, liens on property, tax refund intercepts and driver's license suspension. Unpaid support also earns interest, and in some cases the court can hold the paying party in contempt.
Our Oakland spousal support attorneys understand how overwhelming this process can be. They'll listen to the details of your case, pay attention to your concerns and goals, and give you clear, experienced guidance so you can make the best decisions for your family.
Frequently asked questions
There's no automatic rule. A judge looks at the gap in incomes, each spouse's ability to work, the length of the marriage and the standard of living you shared. A spouse who earns much less, or who stepped back from work to raise children, is more likely to receive support.
Usually, yes. Either spouse can ask the court to modify support after a real change in circumstances, such as a job loss or a big change in income, unless the parties agreed in writing that it can't be changed. Changes usually start no earlier than the date you file, so file promptly.
You might. California's formula looks at both parents' incomes as well as parenting time, so the higher-earning parent can owe support even with an equal schedule. Learn more about how custody works in Oakland.
Parents can agree on an amount, but a child's right to support can't simply be waived. A judge must approve any agreement and make sure it meets the child's needs.
There's a lot to think about in a support case, and you probably have questions. The best place to start is with a family law attorney who can explain what to expect in your situation. Every case is different, and there's no one-size-fits-all solution, so we take time to understand yours before giving advice.
We represent clients in court and negotiate with the other side to reach a fair resolution. Our Oakland attorneys can understand your situation and guide you toward the best possible outcome for your family. We also understand the financial burden a support case can bring, so our SimpleStart™ program may let qualified clients start with a reduced retainer.
Lulu Tseng
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Josie Zimmerman
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Hamza Atai
Associate Attorney Oakland, CA Meet Hamza
Justin Reyes
Associate Attorney Oakland, CA Meet Justin
Angel Gonzalez
Associate Practice Manager Oakland, CA Meet AngelWe're not fans of surprises, and we suspect you aren't either. Our California spousal support and child support calculators help you know what to expect every step of the way.
Support cases have many parts, and every case is different. You don't need to understand every detail, but the more you understand, the easier the process will be.
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We’re not fans of surprises and we suspect you aren’t either. We built these divorce calculators just for you, so you know what to expect every step of the way.
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