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Child Support Vs Spousal Support - New California Divorce Law

A new California divorce law allows a spouse receiving income from child support to seek an increase in his or her spousal support upon the maturity of the minor child. This law, (Family Code 4326), which is set to terminate on January 1, 2011, considers the loss of child support income incurred by a parent when the child becomes no longer eligible for support, (e.g. reaches the age of 18 or graduates high school) to be a "change in circumstances" substantial enough to justify a request to modify their spousal support. This new law presents a departure from prior court rulings. In a 1999 case, In re Marriage of Lautsbaugh (1999) 72 Cal. ...

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