Alimony is based on date of separation or date when divorce is filed or served

[supersasssieme]

What is the name of your state (only U.S. law)? CALIFORNIA
I am trying to find out what date is taken into account to determine child support and alimony. I have four dates of significance and here they are

1. Date of separation is Feb 2014 as stated in the divorce filing
2. Date when divorce was filed by one party Nov 2015
3. Date when papers were served to other party Sep 2017
4. Divorce still in progress with high conflict custody battle. There is no reason why I shouldnt get 50-50 custody so I am confident I will get 50-50 physical custody.

My salary was same as my ex's salary during the first 3 dates above and now my salary has increased significantly. I am concerned that I may end up paying a very high alimony to my ex based on my new salary because its not like the salary is just coming to me, I am having to work extra hard to make it. Since the divorce is prolonging due to child custody evaluation, I will have an established salary history with my new income. My ex has already filed a motion requesting I pay child support and alimony as I make more than him but my average of 12 months is same as my ex. I was unemployed for a few months. But my average is not going to stay the same in the next few months. So how does the court determine the alimony. What date is of significance?

 

[Ohiogal]

What is the name of your state (only U.S. law)? CALIFORNIA
I am trying to find out what date is taken into account to determine child support and alimony. I have four dates of significance and here they are

1. Date of separation is Feb 2014 as stated in the divorce filing
2. Date when divorce was filed by one party Nov 2015
3. Date when papers were served to other party Sep 2017
4. Divorce still in progress with high conflict custody battle. There is no reason why I shouldnt get 50-50 custody so I am confident I will get 50-50 physical custody.

My salary was same as my ex's salary during the first 3 dates above and now my salary has increased significantly. I am concerned that I may end up paying a very high alimony to my ex based on my new salary because its not like the salary is just coming to me, I am having to work extra hard to make it. Since the divorce is prolonging due to child custody evaluation, I will have an established salary history with my new income. My ex has already filed a motion requesting I pay child support and alimony as I make more than him but my average of 12 months is same as my ex. I was unemployed for a few months. But my average is not going to stay the same in the next few months. So how does the court determine the alimony. What date is of significance?

Final date of divorce (trial) quite frankly. Why did it take 2 years to serve someone?

 

[not2cleverRed]

What is the name of your state (only U.S. law)? CALIFORNIA
I am trying to find out what date is taken into account to determine child support and alimony. I have four dates of significance and here they are

1. Date of separation is Feb 2014 as stated in the divorce filing
2. Date when divorce was filed by one party Nov 2015
3. Date when papers were served to other party Sep 2017
4. Divorce still in progress with high conflict custody battle. There is no reason why I shouldnt get 50-50 custody so I am confident I will get 50-50 physical custody.

My salary was same as my ex's salary during the first 3 dates above and now my salary has increased significantly. I am concerned that I may end up paying a very high alimony to my ex based on my new salary because its not like the salary is just coming to me, I am having to work extra hard to make it. Since the divorce is prolonging due to child custody evaluation, I will have an established salary history with my new income. My ex has already filed a motion requesting I pay child support and alimony as I make more than him but my average of 12 months is same as my ex. I was unemployed for a few months. But my average is not going to stay the same in the next few months. So how does the court determine the alimony. What date is of significance?

Just out of curiosity, what is the current division of parenting time? Are you trying to get an increase in your parenting time, or are you saying that you are willing to share your parenting time and the STBX wants all or nothing?

I realize that these questions have little to do with child support... except that part of how child support is determined is based on the parenting time split.