Family Support
The Law is about interpretation and communication. Seeking out the right Legal advice and counsel can depend on many factors. Trust, time and knowledge. Your case may be complicated or it may be simple. The only way you will know is to have an attorney review your case. The emotional turmoil and stress your going through is stressful enough while the legal issues can be unbarring and complicated.
Our Attorneys are skilled at helping clients with the Family Support process and making it as civil and uncomplicated as possible. During your Initial Consultation, you will learn all aspects of your legal rights. However, if the Opposing Side does not hold these ideals in high regard, we will be prepared to litigate at trial as zealously as necessary.
After separation of two married parties with child(ren), 2 types of Support may be an issue - Child Support and Spousal Support. Child Support is set by the California guideline amount pursuant to the Agnos Act. The Court does not have much discretion regarding this amount. The Court utilizes the same software as most attorneys to calculate this Child Support amount. The parties cannot waive this Support because it is not theirs to waive - it's the "public interest". Child Support is not tax deductible to the payor nor taxable income to the payee.
There are 2 types of Spousal Support: temporary and long term. Temporary Spousal Support is Support paid during the litigation to maintain the status quo. It is usually calculated with the same software program along with the Child Support. Long term Spousal Support is "post dissolution judgment" and is only available to long term marriages (usually 10 years or longer). Spousal Support (temporary and long term) is entirely tax deductible to the payor and taxable income to the payee. Family Support is one payment that is a combination of both Child Support and Spousal Support. It is entirely tax deductible to the payor and entirely taxable income to the payee.
Common questions are:
Is it the same as just adding Child Support and Spousal Support together?
No. It is higher because the entire amount of Family Support is tax deductible to the payor and taxable income to the payee. Spousal Support is always taxable.
Can you calculate the Family Support by simply adding the Child Support and Spousal Support calculated by the software?
No. The software can calculate Family Support, but you need to change the settings. Because it is 100% tax deductible it is a higher amount.
Family Support can only be on a temporary basis and must be stipulated to by the parties. The Court cannot Order it.
This is one situation having an Attorney speak for your rights is beneifical.
When you consult with our Family Law Firm you will be getting:
*Legal advice based on 28 years of experience
*Access to any outside resources needed such as psychologists, mediators, analysts, forensic CPA, investigators
*An Attorney who is committed to community service
*Please read the FAQ's prior to your Initial Consultation
*A welcoming child friendly atmosphere
*Attorneys who are well respected by Judges in many counties and by the legal community
*A Certified Family Law Specialist by the State of California
Your issue may be time sensitive. Please contact our Law Firm to set-up your Initial Consultation. Let's Talk. Please read the FAQ's prior to your Initial Consultation.
Our Attorneys are skilled at helping clients with the Family Support process and making it as civil and uncomplicated as possible. During your Initial Consultation, you will learn all aspects of your legal rights. However, if the Opposing Side does not hold these ideals in high regard, we will be prepared to litigate at trial as zealously as necessary.
After separation of two married parties with child(ren), 2 types of Support may be an issue - Child Support and Spousal Support. Child Support is set by the California guideline amount pursuant to the Agnos Act. The Court does not have much discretion regarding this amount. The Court utilizes the same software as most attorneys to calculate this Child Support amount. The parties cannot waive this Support because it is not theirs to waive - it's the "public interest". Child Support is not tax deductible to the payor nor taxable income to the payee.
There are 2 types of Spousal Support: temporary and long term. Temporary Spousal Support is Support paid during the litigation to maintain the status quo. It is usually calculated with the same software program along with the Child Support. Long term Spousal Support is "post dissolution judgment" and is only available to long term marriages (usually 10 years or longer). Spousal Support (temporary and long term) is entirely tax deductible to the payor and taxable income to the payee. Family Support is one payment that is a combination of both Child Support and Spousal Support. It is entirely tax deductible to the payor and entirely taxable income to the payee.
Common questions are:
Is it the same as just adding Child Support and Spousal Support together?
No. It is higher because the entire amount of Family Support is tax deductible to the payor and taxable income to the payee. Spousal Support is always taxable.
Can you calculate the Family Support by simply adding the Child Support and Spousal Support calculated by the software?
No. The software can calculate Family Support, but you need to change the settings. Because it is 100% tax deductible it is a higher amount.
Family Support can only be on a temporary basis and must be stipulated to by the parties. The Court cannot Order it.
This is one situation having an Attorney speak for your rights is beneifical.
When you consult with our Family Law Firm you will be getting:
*Legal advice based on 28 years of experience
*Access to any outside resources needed such as psychologists, mediators, analysts, forensic CPA, investigators
*An Attorney who is committed to community service
*Please read the FAQ's prior to your Initial Consultation
*A welcoming child friendly atmosphere
*Attorneys who are well respected by Judges in many counties and by the legal community
*A Certified Family Law Specialist by the State of California
Your issue may be time sensitive. Please contact our Law Firm to set-up your Initial Consultation. Let's Talk. Please read the FAQ's prior to your Initial Consultation.