Legal Question in Family Law in California
Hello Im in the middle of a divorce, orig order stated i had to pay spousal and child support based on the income I was making at time of seperation $38 dollars an hour, then I got a raise during the divorce and now make $50/hr. She hired a lawyer and the lawyer scared me into signing new order stateing the new amount as my income, i told her i thought it was based on maritable standard of living at time of seperation and she said nope not the case and i better sign and pay proper amount to avoid owing back pay so I did, we haven't done final papers yet, is there anything I can do to change this, I read in a California Case Hoffmeister II they ruled maritable standard of living is up to the date of seperation.
1 Answer from Attorneys
You are mixing apples and oranges. Spousal support IS based on the marital standard of living, among other things. Child support, however, immediately goes up any time you get a raise and the receiving parent seeks an increase. So the combined support goes up.