Articles Posted in Child Support

social-security-child-support

When I talk to clients about what constitutes income available to pay for child support I ask them to imagine an umbrella…a very BIG umbrella. Everything underneath that umbrella is income available to pay child support.  In California, this has been codified in Family Code Section 4058, which states;

“The annual gross income of each parent means income from whatever source derived…and includes, but is not limited to, the following:

Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to establish a child support order under this article.”

I emphasized “social security benefits” because that is the theme of this blog.  Continue reading

Time for Taxes

We are divorce attorneys, not tax experts, but marriage and finances are so intertwined that inevitably divorce and taxes do intersect. Each year as the IRS tax return filing deadline approaches, we are increasingly confronted by our clients with tax preparation questions. For specific tax inquiries, we advise that you consult a tax professional. However, we felt it may be useful to share a brief (non-exhaustive) list of some common points Continue reading

enforcement-child-support

California has one of the most complicated child support laws of any state. Sometimes, the complications don’t end once you have an order: a parent sometimes has to deal with the other parent not paying the Court ordered child support. Here are 5 helpful tips Continue reading

Closeup of assorted coins.

According to section 215 of the Internal Revenue Code, spousal support (otherwise known as alimony) is generally taxable income to the payee and tax deductible to the payor. However, if payors aren’t careful, they may inadvertently agree to support arrangements that are not deductible.

Retroactive Support

In California, the Court has discretion, and often exercises this discretion, to award spousal support retroactively to the date of filing. For instance, if a spouse files a spousal support motion on January 1, 2016, but it is not heard until March 1, 2016, the Court can still order the payor to pay for the months of January and February even though the hearing wasn’t until March.

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Vocational-evaluations-explained

This past holiday season I noticed a lot of commercials pandering to the coffee aficionado in all of us. Everything from the new Keurig to the admittedly hilarious George Clooney and Danny Devito commercials for Nescafé. Personally I love coffee; all kinds of coffee. So the idea of creating new caffeinated concoctions in my kitchen is very appealing. But that is where the interest stops. I have no desire to schlep lattes for a living no matter how much free coffee they offer. Having said that, I am fairly confident I am qualified for the job of barista, and I am pretty confident everyone reading this is as well. It really cannot be that hard, save for spelling the names of course.

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Chris-Rock-Divorce

As Chris Rock prepares to host the upcoming Oscars, and while much of the population is focused on his potential commentary in light of the highly-criticized lack of diversity in Oscar nominees, something else has captured our attention this week as an interesting legal question that  has risen in Chris’s divorce from Malaak Compton-Rock. Chris filed for divorce in New Jersey last year after 19 years of marriage and, of course, their case encompasses just about everything that we have come to expect out of a celebrity divorce. Continue reading

Surrogate-mother-paternity-rights

No, Sherri Shepherd’s case is not in being heard in California, but that does not make the facts of her legal battle any less intriguing to us California divorce lawyers. It has certainly left me hypothecating as to what the outcome of her widely-publicized parentage and support battle might be under California law. Although a Pennsylvania trial court ruled last year that Shepherd was legally responsible for a child born to a surrogate after her divorce from ex-husband Lamar Sally, the legal battle may not be over for the parties. The case has hit the media again since news recently broke that Shepherd is appealing the trial court’s decision.

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OLYMPUS DIGITAL CAMERA

One of the first questions I am asked about child or spousal support it, “How will I be paid my support?” My answer is always the same “depends.” In fact, “It depends” is my answer to most legal questions. In the case of support payments, it really depends on what you and the other party want to do. You can either choose direct payment or a wage assignment.

Direct Payment

Direct payment is just as the name implies. The support payor pays the support payee directly. Continue reading

California-child-support-calculator

Under federal law, every single state is required to have a formula that determines the correct amount of child support that should be awarded. California is no exception. The California Guideline Child Support Calculator is based on California Child Support Guidelines and can be used to estimate the amount of child support that may be ordered in your case. It is important to remember the Court Commissioner or Family Law Judge has the final authority to determine the amount of a child support order. This calculator provides only an estimate and is not a guarantee of the amount of child support that will be ordered. Other factors may affect the amount of child support awarded.

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enforcing-support-order

There are two types of support in Family Law cases in California. There is child support, which refers to support intended to assist in providing for the needs of the children involved in the case. Then there is spousal support, sometimes called “Alimony” (The two terms are interchangeable) which is intended to provide spousal maintenance after a divorce proceeding is initiated. During the course of a case, the court may make an order for either, or both, child and spousal support. After the order has been made, the court expects the amounts to be paid.

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