Child Support

Navigating the complexities of alimony during a divorce can be overwhelming. There are many myths and misconceptions, from determining the right amount of spousal support to understanding the difference between temporary and long-term payments.  In this article, we’ll break down the realities of alimony calculation, discuss the role of spousal maintenance, and provide insight into the key factors that impact alimony decisions. Myth 1: Alimony Is Guaranteed in Every Divorce One of the most common misconceptions about alimony is that it’s automatically granted in every divorce case. However, the truth is that alimony is not a given. Whether you’re going through a divorce and legal separation, alimony is determined based on several factors, including the length of the marriage, each spouse’s financial situation, and the ability of one spouse to support the other. In Fresno family law, alimony is typically awarded when one spouse has a significantly higher income or earning potential. The purpose of alimony is to provide financial support to the lower-earning spouse, ensuring they can maintain a reasonable standard of living after the divorce. Myth 2: Alimony Payments Are Fixed and Permanent Another common myth is that alimony payments are fixed and permanent. In reality, alimony can take different forms: Temporary alimony, which is granted during the divorce process to help the lower-earning spouse with immediate financial needs. Long-term or permanent alimony may be awarded after the divorce, but only under certain conditions. It’s important to remember that alimony calculation is based on multiple factors, and payments may be adjusted over time based on changes in circumstances, such as a significant increase in income or remarriage. Myth 3: Alimony Is Solely Based on Gender There’s a widespread belief that only wives can receive alimony, but that’s far from the truth. Both men and women are eligible for alimony, depending on the financial dynamics of the marriage. Courts in Fresno family law consider each spouse’s ability to earn, regardless of gender, when making decisions about spousal maintenance. Myth 4: Alimony Covers Everything Alimony is meant to support a spouse’s basic financial needs, but it doesn’t cover everything. For example, child support is a separate issue. If you’re dealing with child custody and support alongside alimony, you’ll need to handle these as distinct aspects of the divorce.  Fresno family law addresses both matters, but they are calculated differently, with child support specifically aimed at covering the needs of the children. The Reality of Alimony Negotiation While courts can determine alimony, many divorcing couples negotiate alimony terms outside of court. Alimony negotiation allows couples to reach an agreement that suits both parties without waiting for a judge’s ruling.  Factors like assets, debts, and long-term earning potential are considered during negotiations. Engaging in divorce financial planning during this process can help ensure that you make informed decisions for your financial future. Having the proper legal guidance is crucial during these negotiations. Whether you’re working with a Fresno adoption attorney, handling child custody issues, or negotiating alimony, the right attorney can make the process smoother and more efficient. Final Words Alimony is a critical aspect of many divorce cases, but understanding the realities of calculation, spousal maintenance, and alimony negotiation can help you navigate the process more effectively. At Kezirian Law, we specialize in guardianship, adoption, and family law contested matters. Whether you’re handling complex issues of divorce and legal separation, navigating child custody and support, or seeking advice on alimony and financial planning, our experienced team is here to guide you through the process. If you’re facing challenges in any area of family law, contact us for personalized legal support and expert guidance.

Child support battles can be one of the most challenging experiences for any parent, especially when trying to secure the financial stability of your child. The process can be complex and stressful, but understanding the ins and outs of family law and utilizing aggressive strategies can help secure a favorable child support order. Today, we’ll delve into calculating child support, enforcing orders, and modifying existing agreements to ensure your child’s well-being is never compromised. Understanding Child Support: A Primer Child support is legally mandated financial assistance typically given by the non-custodial parent to the custodial parent to help cover the costs of raising a child. While each state has its own guidelines on calculating child support, they usually consider factors such as income levels, the number of children, custody arrangements, and any special needs the child might have. Calculating child support accurately is crucial as it influences the financial assistance provided and is often the crux of many disputes. Utilizing correct income calculation methods ensures fairness and compliance with legal standards. From base salaries to bonuses and investments, all forms of income should be accounted for to prevent future legal disputes. Strategies for Securing Favorable Child Support Orders 1. Meticulous Income Calculation: Income calculation forms the foundation of child support decisions. Ensure you gather comprehensive documentation of all types of income, including salaries, dividends, and other earnings. By presenting an accurate financial picture, you lay down a strong case in front of the court. Remember, discrepancies can lead to contempt of court, an offense that can severely impact your case. 2. Presenting a Balanced Lifestyle Assessment: Courts are interested in ensuring that children maintain a lifestyle commensurate with what they had prior to the separation. Presenting an honest assessment of the child’s needs, from educational expenses to extracurricular activities, can be instrumental in securing a favorable support arrangement. 3. Enforcement of Child Support Orders: Once a child support order is in place, enforcement is the next critical step. Unfortunately, not all parents comply voluntarily with the terms. If you face this issue, consider exploring options such as wage garnishment, where payments are directly deducted from the paying parent’s salary. This ensures regular and timely financial support to cover your child’s needs effectively. Addressing child support arrears swiftly is crucial. If the paying parent falls behind, documentation and prompt action can help rectify the situation. Legal assistance in such cases can guide you through enforcement strategies, ensuring compliance and protecting your child’s rights. 4. Modifying Child Support Agreements: Life circumstances change, and so can child support agreements. If justified, the courts can modify the original arrangement due to a change in income, employment status, or family dynamics. Presenting a well-documented request along with evidence of the new circumstances is vital for a successful modification. Work with family law professionals to navigate these modifications properly, ensuring they serve the best interest of the child. Your Partner in Family Law Contested Matters Navigating the complex world of contested child support and family law matters can be overwhelming, but it doesn’t have to be faced alone. In Kezirian Law, we advocate for your and your child’s best interests. Whether you are dealing with income calculation discrepancies, enforcement issues, or seeking modifications to existing support agreements, our legal team is equipped with the knowledge and experience necessary to help you succeed. Our holistic approach to family law ensures that your case is handled with the compassion it deserves, while aggressively fighting for the best outcome. With a thorough understanding of child support, child custody, and family law, we are dedicated to guiding you through every step of your legal journey with clarity and purpose. While child support battles can be daunting, employing strategic measures ensures that your child receives the support they deserve. From meticulously calculating income to enforcing existing orders, or adjusting agreements to reflect life changes, every step must be executed with precision and understanding of the law. With us by your side, rest assured that protecting your child’s well-being is our utmost priority. Let us help you navigate these complex waters and achieve success in your child support endeavors.

Child support payments are intended to help parents share the costs of raising their children after a divorce. Understanding the various factors that go into child support in California can provide you with added help in achieving the right arrangements for your children and your finances. Here are some facts you should know about child support in our state. No Limit on Child Support California does not impose any upper limits on the amount of child support that can be ordered. Instead, child support in California is usually calculated using a guideline that considers the following factors: Income levels for both parents Time spent with each parent Number of children Tax-deductible expenses and tax filing status Existing child support and spousal support payments made Spousal support received In some instances, the courts may deviate somewhat from the child support calculations of the guideline. This is determined on a case-by-case basis. Child support amounts for amounts less than the California guideline recommendations may be subject to increases; those at or above the recommended amount are less likely to be changed by the courts. Determining Income Gross income can be calculated by adding up all sources of monetary support from employment, commissions, benefits, gambling and lottery winnings, dividends and interest and profits from business operations. Money received as public assistance or paid out in child support or alimony, however, can usually be excluded from the calculations used to determine child support in California.         Health Care, Child Care and Tuition Certain expenses may be shared equally between parents regardless of the child support awarded by the court. These can include costs for health care, child care and tuition for educational programs. Depending on the financial resources and the court’s assessment, one or both parents may be held responsible for the costs of these necessities. Imputed Income Can Be Used to Figure Child Support If the court believes that one parent is deliberately remaining unemployed or underemployed to avoid paying child support, it may use imputed income to determine the amount of child support that parent should be paying. Imputed income is the amount that the court decides the individual could earn based on his or her educational level, job skills and employment history. This practice is intended to prevent parents from avoiding their responsibilities to provide support for their minor children. Child Support Orders Can Be Modified If one parent loses a job or if changes have been made in the amount of time spent with each parent, it may be possible to modify the court-ordered child support temporarily or on a permanent basis. This can be easier if the amount of child support ordered by the court is less than the recommended amount under California guidelines. Changes in employment, income levels, legal status and family size can be used as the basis for a request in the child support order. The current financial situations of both parents will be taken into consideration by the courts to determine whether a modification is justified and practical for all parties involved. Working with an attorney from the Law Office of Julia Ann Brungess who specializes in family law in the state of California can provide added support for parents dealing with child support issues. These dedicated legal professionals can provide the right options for your family and can help you move forward after a divorce.