CHILD AND SPOUSAL SUPPORT

 
 

Child support amounts in California are determined by a statutory guideline formula. The formula includes such factors as the income of the parents and the amount of time that the child spends with each parent. Additional support may be included for healthcare, daycare, visitation and educational costs of children. The statutory child support guidelines in California are mandatory, and it is difficult for a Judge to deviate from use of the formula except in very exceptional circumstances and are rare. When a divorce commences, the court may order a temporary amount of spousal support to attempt to maintain the status quo financially based on the incomes and expenses of the parties. When the court issues a final Judgment of Dissolution, it may or may not include a provision for a more permanent amount of spousal support depending on several statutorily specified factors such as the duration of the marriage and whether a spouse is able to support him or herself. Spousal support may be required to be paid on a short-term or indefinite long-term basis. When addressing the issue of spousal support, it may become a substantial factor in negotiating other aspects of the dissolution itself. For example, spousal support may be waived in order to obtain a property division which may be more to a spouse's liking.

The Law Office of A. Stephen Rocha can help when complex issues arise in support matters. Sometimes the determination of support can be difficult or complex if one of the parties is self-employed where income is not easily ascertainable or he or she is writing off personal expenses as business expenses. Through the use of investigation, such as subpoenas, it is possible to try and narrow down what a parent’s or spouse’s income is despite attempts to hide it. Other times, a party is underemployed or unemployed without justification. We would employ strong legal argument to ensure that party meets the obligation to support a child or spouse or is otherwise contributing financially so as to reduce the amount of support the other party pays.

In regards to enforcing existing support obligations, the Law Office of A. Stephen Rocha can help with either putting automatic wage garnishments in effect or employ more punitive measures such as contempt which can be punishable by jail time. Even if the non-paying parent is out of the State, there are still measures that can be taken in order to ensure that the parent meets his or her moral and legal obligation to support a child or spouse.

 

 

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We help in matters involving in providing lawyer representation in San Diego regarding: Family Law Appeals, Divorce (Dissolution of Marriage), Paternity, Prenuptual Agreement and Postnuptual Agreement, Sole Physical Child Custody, Joint Physical Child Custody, Sole Legal Custody, Joint Legal Custody, and Child Visitation, Child Support, Spousal Support, Support Garnishment Orders, Support Wage Assigment Orders, Domestic Violence and Restraining Orders, father's rights, dad's right, Separate Property Characterization, Community Property Division, Military Divorce, Division of Retirements including Qualified Domestic Relations Orders, Flat Fee Divorce, Flat Rate Divorce, Affordable Divorce, Low Cost Divorce, Cheap Divorce, Prepaid Divorce, Paralegal Divorce Services, and Dissolution of Domestic Partnerships.

The Law Office of A. Stephen Rocha represents clients throughout San Diego County, including: Allied Gardens, Alpine, Barrio Logan, Bankers Hill, Bay Park, Bonsail, Camp Pendleton, Carmel Valley, Carlsbad, Centre City, Chula Vista, City Heights, Clairemont, Clairemont Mesa, Coronado, Crown Point, Del Cerro, East County, El Cajon, East Elliot, East San Diego, Encanto, Escondido, Encinitas, Golden Hill, Grantville, Hillcrest, Kearny Mesa, Kensington, La Jolla, La Jolla Shores, La Mesa, La Playa, Linda Vista, Logan Heights, Loma Portal, Mira Mesa, Miramar, Miramar Ranch, Mission Beach, Mission Hills, Mission Valley, National City, Normal Heights, North Clairemont, North County, North Park, Oak Park, Ocean Beach, Oceanside, Old Town, Pacific Beach, Peninsula, Point Loma, Poway, Ramona, San Diego, Scripps Ranch, Serra Mesa, Sorrento Valley, South Bay, South Park, Talmadge, Tierrasanta, University City, University Heights, and Vista.