Complex Issues: Spousal and Child Support
Not only are the issues of child support and spousal support critical to most divorce cases, they remain complex and subject to changing laws in San Jose and throughout California.
While on the surface, these areas of family law may seem like a simple matter of applying the guideline, that is not always the case. Formulas may be used to initially determine spousal or child support; however, formulas do not address retroactivity. They do not address enforcement. They do not address a variety of issues that cannot be overlooked.
Call my office at 408-298-4000 or contact me online to schedule your consultation about child support and spousal support.
Retroactivity of Child and Spousal Support
Are you aware that, in certain situations, you may be able to seek retroactive payments for child support or spousal support to the date you filed?
There is a big difference in seeking retroactivity in spousal support and child support. In spousal support, the courts are less likely to look on the issue with favor. However, when it comes to child support, the court's position is that the child's standard of living should rise with either one of the parent's fortunes, regardless of how high that would make child support.
I am divorce attorney Hugh Thomson. More than 30 years of experience handling these matters means that I have the knowledge to latch onto unique situations to help you make the most of your divorce.
Enforcement of Child Support and Spousal Support
The Department of Child Support Services has considerable power. It is committed to using that power to see that child support payments are made.
For those seeking assistance in getting their former spouse to make payments, this is a positive. It means that they have a channel to see that they get the funds they need to raise their child.
Unfortunately, this power can also be negative. The Department of Child Support Services has pushed so far in some cases that it has sent people to jail for unpaid child support when those people have actually been unemployed and simply unable to pay support. There are also instances of data simply being incorrect.
As your lawyer, I am here to help on both sides to see that a fair outcome is achieved.
To set up a consultation with The Law Offices of Hugh Thomson, call our office at 408-298-4000 or contact us online.
