Legal Question in Family Law in California

I was ordered to pay child support for 2 children. When the oldest turned 18 and was self supporting the garnishments on my checks continued for some time. Finally the amount for the 18 year old stopped and right away spousal support kicked in and I was paying both child and spousal support at the same time. I heard that California has a law that states spousal support and child support are not to be collected at the same time and the spousal support kicks in only after the child support obligation is complete. Is this true?

Asked on 12/14/11, 12:25 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

No, a party can be ordered to pay both spousal support and child support at the same time. I don't know who told you that it couldn't, because I sure would like to know what they were drinking.

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Answered on 12/14/11, 2:17 pm

Timothy McCormick Libris Solutions - Dispute Resolution Services

No, in fact it is extremely unusual for spousal support not to be paid at the same time. In fact I've never heard of it starting after the child support is over. You need to stop listening to whomever told you that and talk to a lawyer in person.

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Answered on 12/15/11, 1:46 pm

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