So my two questions are: when we file for both the divorce and child support, is it possible to also receive spousal support, considering the circumstances?
Response 1: Yes. You are going to receive spousal support because you are not employed and you are taking care of the child of the marriage with special needs. The Court would review various factors to determine whether to grant alimony/spousal support and the amount of the spousal support/alimony. Some of the factors that the Court would review are (1) The ability of the supporting party to pay spousal support, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living, (2) The needs of each party based on the standard of living established during the marriage, (3) The obligations and assets, including the separate property, of each party, (4) The duration of the marriage, (5) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party, (6) The age and health of the parties. For more information, see California Family Code Sections 4320, 4330 -4339.
And will child support be any different for my son considering his special needs and extra money it takes to provide for him (for example: diapering, special diet, medical travel expenses, therapeutic equipment, etc.)?
Response 2: Yes. The amount of support would be increased based on the amount that would be needed to take care of him.