How do I lower my child support payments or modify the terms of my child support obligation?
The child support award, whether paid or received, is a frequent concern of many clients. Child support is intended to cover the daily expenses of a minor child. The amount of support must be calculated by a complex, statutory formula that factors in the parties' respective incomes, tax obligations, and time with the children. Often the contentious issue is income: what sources of income or in-kind benefits should be considered income for purposes of calculating child support. I have been involved in several cases addressing whether contributions from grandparents—to help support a family upon dissolution, to pay private-school tuition, or to pay attorney's fees—should be considered as income for support purposes. Other of my cases have involved departures from guideline support where the payor-parent is a high-earner and the guideline support is very high; and others have addressed modifications of support where a party's income has changed, impacting the ability to pay support or the need for additional child support.
If you have received a favorable or unfavorable child support order, you will be best represented by an appellate attorney who has experience with child support. You are welcome to contact my law office to speak with me or to make an appointment regarding you or your client’s matter.
How do I lower my spousal support payments or modify the terms of my spousal support obligation?
When a couple divorces, spousal support may be awarded to one of the spouses, payable by the other. The award may be agreed upon by the parties or ordered by the court. If ordered by the court, the court will consider a number of factors, including each party's income or earning capacity, needs, the marital standard of living, and whether one spouse needs training to re-enter the work force.
I have represented many clients where spousal support was a critical issue. In Marriage of Williamson (2014) 226 Cal.App.4th 1303, 172 Cal.Rptr.3d 699, I represented the husband/payor spouse. The issue was whether support could be based on husband’s actual earnings rather than the marital standard of living which had been sustained by borrowing heavily from husband’s parents (as an advance on his inheritance). In another case, where I represented the wife/payee spouse, the issue was whether the court could consider as income payments by wife’s parents to her or on her behalf when husband stopped supporting the family. In a third case, I represented a husband/payor spouse, and the issue was whether husband’s support obligation should be extended while wife pursued an acting career instead of her successful commercial business.
If you have received a favorable or unfavorable support order in the trial-court, you will be best represented by an appellate attorney who has experience with support issues. You are welcome to contact my law office to speak with me or to make an appointment regarding you or your client’s matter.