Child & Spousal Support

Since 1988, the Timothy Peabody Law Firm has been guiding clients through family law matters involving divorce, child support and spousal support, and child custody, visitation, and paternity.  When spouses divorce, one of their top concerns is often how they will support themselves and their families at the termination of the marriage.  The firm understands these concerns and can help clients obtain the support that is justified given the standard of living that was established during the marriage and the needs and resources of the parties.   From our office in Newport Beach, we are able to provide representation for clients located throughout Orange County.

Spousal Support

Utilizing over 22 years of experience in the family courts, the Timothy Peabody Law Firm has assisted many spouses in negotiating or litigating satisfactory financial support awards, which are known as spousal support, spousal or family maintenance, or alimony.  Whether or not the court will award spousal support, and the amount and duration of the support payments, generally depends upon several factors enumerated by California law.  Factors the court is likely to consider are the duration of the marriage and whether one spouse worked while the other was a homemaker.  For example, the court is more likely to award support to a homemaker spouse who was married for ten or more years.  Additional factors the court may consider include, but are not limited to, the following:

  • Standard of living established during the marriage
  • Needs of the spouses and children
  • Marketable skills or time and expense required to obtain marketable skills or employment
  • Spouses' contributions to each other's education, training, licensing, or career position
  • Ability of the supporting spouse to pay spousal support
  • Obligations and assets, including separate property, of each former spouse
  • Ability of supported spouse to engage in gainful employment without harming the interests of any dependent children
  • Age and health of the former spouses
  • Documented evidence of domestic violence or criminal convictions
  • Tax consequences

Support may be awarded for a temporary and "reasonable" period, for example, to allow a homemaker to obtain the necessary training and skills to re-enter the workforce, or it may be a "permanent" award in the case of a long marriage.

Child Support

Under California law, both parents must ensure that their children receive the financial support and care that they need.  Child support is a payment made each month by the noncustodial parent to the custodial parent to support the parents' dependent child or children.  These payments are usually made until the children reach age 18; however, the support obligation may be extended to age 19 if the children still reside in the home or are still attending high school full time and are not self-supporting.  The amount the noncustodial parent pays is determined according to a mandatory uniform California guideline, which uses an algebraic formula to determine the amount of support owed.  This guideline is based primarily on each parent's tax filing status, but also takes into account the percentage of time each parent spends with the child (known as timeshare of visitation).  In addition to these factors, our firm helps parents and the courts consider the children's special needs, if applicable, including present and future educational expenses, childcare costs, special care such as for a disability, and health needs.

Orange County Spousal & Child Support Lawyers

At the Timothy Peabody Law Firm, we strive to make obtaining a child or spousal support order as simple as possible.  The firm handles the complex legal issues so our clients can focus on the other important aspects of their lives.  To obtain a free consultation to discuss a child support or spousal support issue today, contact our Orange County law office or call the firm at (949) 200-4610.