Tuesday, January 17, 2012

WHO GETS THE MAJORITY OF FUNDS FROM A DIVORCE WITH ALIMONY?

QUESTION: I have child support arrears for a child 21 and soon to be 22 years old. But now I'm going through a divorce of 18 years with 3 kids. Who gets the majority of funds from a divorce with alimony? My three kids are under the age of 18 years.

MY RESPONSE: Your question is unclear as to what funds you are addressing. Net community property is divided 50/50 in a divorce. Child Support is mathematically calculated, based on your husband's income, your income, and the parties' custodial timeshare. You would likely be entitled, due to the length of your marriage, to Permanent Spousal Support, which is based on factors set forth in Family Code Section 4320, and is not mathematically calculable. Pending trial or settlement, you would likely be entitled to Temporary Spousal Support, which should be calculable in accordance with the Guidelines adopted by your county.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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