What is Community Property?

California is a community property state. Community property is everything that a husband a wife own together. In most cases, that includes:  any earnings from either of you during the time you were married and any property purchased with those earnings during the marriage.

What is Separate Property?

Separate Property is everything a husband or wife own separately. In most cases that includes: anything either of you owned before you got married, anything either of you earned or received after your separation, and anything either of you received as a gift or by inheritance at any time.

What are Considered Community Obligations?

Community obligations are the debts that a husband and wife owe together. In most cases, that includes anything you still owe on any debts either of you took on during the time you were married.

How is Child Support Determined?

The court uses a computer program called the Dissomaster to calculate what child support will be set at. The essential factors that must be imputed into the program include each parent’s income and the timeshare percentage with the child/children.  Child support can be modified when there is a change of circumstance for either party that would affect the support calculations. Child support obligations remain until the child reaches 18 years of age or 19 years if still in high school.

How is Spousal Support Determined?

The court uses the computer program, the Dissomaster, for temporary spousal support, that is, up until the final divorce judgment.  The program considers both parties’ incomes, and if child support is at issue, adjusts to control for the child support amount.  After the divorce judgment, the court no longer uses the Dissomaster for spousal support calculations, but rather considers the following 14 statutory factors  [California Family Code § 4320]:

1. Ability to maintain marital standard of living in light of earning capacities;
2. Contributions to other spouse's education, training, etc.;
3. Supporting spouse's ability to pay;
4. "Needs" in light of marital standard of living;
5. Parties' assets and debts;
6. Duration of marriage;
7. Employability of custodial spouse vs. impact on children;
8. Age and health of the parties;
9. History of domestic violence;
10. Tax consequences;
11. Relative hardships;
12. Goal of self-support;
13. Spousal abuse conviction (mandatory factor for support reduction/termination); and
14. Other "just and equitable" factors".

How Can I Request or Modify Support or Custody?

In order to be entitled to receive support or ask the court to determine custody, you must file an Order to Show Cause (OSC) or Motion with the court. You will typically receive a hearing date 4-6 weeks from the date you filed.

How is Custody Determined?

Until you file an OSC or motion with the court requesting custody orders, both parents have “de facto” joint custody. This can be a very unsettling and confusing time because there is no set schedule, and by law, the child can be with either parent. In order to determine custody, the court will typically send both parents to Family Court Services to “recommending mediation.” The court mediators will meet with you and your spouse (separately if there has been domestic violence) to hear each of your concerns and requests. Recommending mediation means that if you and your spouse do not agree on the timeshare, the mediator will prepare a recommendation that is submitted to the judge. The judge typically adopts the mediator’s recommendation, unless either party formally objects and the case is then sent out for a full evidentiary hearing.