California Family Code 155

California Family Code 155 Attorney

The California Family Code sets forth procedures and includes many vital definitions when it comes to resolving all types of family court matters. California Family Code 155 includes the definition of a support order as it may apply in a family law matter. If you are planning to divorce in the near future or are preparing for a child custody determination, it is important to understand this Code section and how it can apply to your situation.

Understanding Support Orders in Family Law

A support order is issued to ensure that the supported party is provided with support the court deems legal and necessary. In family law, the two most common types of support orders issued by the court include child support orders and spousal support orders. Child support orders intend to ensure that a child has the financial support they need from their parents, and a spousal support order can help a divorced spouse maintain their standard of living after divorce.

When the family court resolves any support-related issue, the parties involved will need to submit complete and accurate financial disclosure statements. These include records of all their assets and property rights so the court can make a fully informed and fair decision. In a divorce, it is possible for the spouses to negotiate spousal support, but child support needs to be resolved by a family court judge.

Modifying Support Orders

If you are subject to any type of support order in California, it is vital to understand that you may have the opportunity to adjust or modify the order in the future under certain conditions. Adjustment of a spousal support order is generally easier to secure than adjustment of a child support order, but in either case, you must be ready to prove that your proposed adjustment is both reasonable and necessary.

The modification process begins when a party submits a petition for modification to the family court. They will need to explain their desired modification to the order and provide any supporting evidence that the court will need to consider, and then the court sets a hearing date. At this point, it is possible for the other party to either agree to the proposed change without contest or to dispute the proposed change and submit contradictory evidence and arguments.

If you receive spousal support or child support in California, the terms of your support order will be based on many factors at the time the order is created. If events in your life after this point directly influence the terms of the order, you likely have grounds to request modification. An experienced attorney can help determine whether your request is reasonable and what type of resistance you may encounter from the other party.

It is also possible to petition for termination of the order under certain conditions. For example, if you pay spousal support to your former spouse and believe they have started cohabitating with a new partner or they have earned an increase in their income, you may petition for early termination of the order. Ultimately, it is vital to have legal counsel on your side because resolving support order-related family court matters is very difficult without an attorney’s assistance.

FAQs

Q: What Is California Family Code 155?

A: California Family Code 155 includes the definition of support order as it applies in family law cases. Many divorces will require settling two major types of support: child support, paid by a noncustodial parent to a custodial parent, and spousal support, also known as alimony, which is meant to help a lower-earning spouse to maintain their standard of living following divorce.

Q: How Much Must Be Paid in Spousal Support?

A: The amount that must be paid in spousal support depends on several factors, such as the respective incomes of divorcing spouses, each of their respective job prospects, contributions both have made to one another for their education and careers and the separate property ownership of each spouse. The amount paid will typically vary based primarily on the difference in income, and the time payments continue depends on the length of the marriage.

Q: How Much Must Be Paid in Child Support?

A: Every child support determination is unique, and the court requires both parents to financially contribute to their child’s needs equally. When one parent assumes a greater share of physical custody than the other, the noncustodial parent will pay them child support. The court will determine how much child support must be paid based on many variables, including the incomes of each parent, the overall financial needs of the child, and the cost of living in the area.

Q: Can a Support Order Be Modified?

A: Yes, a support order can be modified under certain conditions. If you wish to modify a standing child support or spousal support order, you will need to submit a petition for modification to the court explaining why the proposed change is both reasonable and necessary. The modification will require a hearing, and it is possible for the other party to agree to the proposed change without contesting or completely opposing the modification petition.

Q: Do I Need a Lawyer to Modify My Support Order?

A: It is a good idea to have a lawyer help modify your support order in California. The modification process is relatively straightforward, but having an attorney’s help will streamline the process substantially. Your attorney will know how to craft a more compelling modification petition than you likely could develop on your own, and they will also know what supporting documentation you will need to submit along with your petition.

Quinn & Dworakowski, LLP, has helped many clients resolve family court matters pertaining to support orders, and we can apply this experience to your situation. Whether you need to adjust a standing support order or you anticipate spousal support and/or child support will be a point of contention in your impending divorce, we can help. Contact us today to schedule a consultation with our team and learn more about the legal services we provide.