Child and spousal support or alimony in Nevada and California:
Children once born in a family needs support from all the family members in upbringing and also requires funds. Child support agreements ensures that even though a family is going through a divorce that the child will be taken care of and secures that both parents will be involved and not let just one parent take the full load for any financial matters of their children. The same can be said of spousal support, although a parent can work and get paid, it may not be enough given that the marriage was actually helping one of the spouses to live plus the children need funds for proper upbringing. Upon divorce, that kind of security and support will be relinquished unless an agreement for court ordered support is agreed upon.
Child support is not issued to punish the non-custodian parent, it is ordered to ensure the security of the child and to ensure that even though the non-custodian parent is not able to spend as much time with their child, they can still support their children with financial aid. Both the states of California and Nevada rules out that child support can end when the child is already 18 years old or at 19 years old if the child is still studying in high school. Both states also rule that child support can continue of their child does have a disability.
Spousal support or Alimony:
Spousal support or more commonly none as Alimony is literally financial support given to one of the spouses while the divorce is being processed or after the divorce is agreed upon.
California and Nevada both accept a lump-sum payment or periodic payments which could be monthly or set to specific times depending on the agreement. Both states have a common termination rule for alimony which is effective upon death of either spouse or remarriage of the dependent or recipient spouse.
There are two types of alimony in Nevada, these are general alimony and rehabilitative alimony. General alimony is payment to support the other spouse to live reasonably (i.e. basic food abd shelter). Rehabilitative alimony is to help the dependent spouse with tuition fee needs for any training and education necessary to help them become self-sustaining. The courts will of course consider both of the spouses needs and ability to generate income before issuing any order. The courts in Nevada may also change the payment if the paying spouse may have an income change of 20% or higher.
The alimony necessary in California is heavier compared to Nevada. The ruling is to maintain the dependent spouse’s financial status as if both were still in marriage to the highest extent possible. A commonly used calculation for alimony is the Santa Clara County formula which is basically half of the income amount of the dependent spouse to be taken from 40% of the income of the higher earning spouse. They also factor in the taxes to be paid as well as any child support payments that may be given by the higher earning spouse.
Taxation of the Alimony:
In both California and Nevada, alimony is tax deductible for the paying spouse and taxable to the receiving spouse depending on the amount he or she may receive.
How can the Law Office of LJS help?
The Family Law Office of Leslie J. Shaw is dedicated to providing the highest degree of service, professionalism, and integrity. We offer creative solutions for complex divorce. As your trusted Reno divorce attorney, we offer full-service family law counsel.
Visit: https://www.ljslawoffice.com/ for family counseling.