Child Support and Spousal Support Lawyer in San Jose, California
Attorney Marshall A. Coyle is skilled in effectively representing our clients' interests in temporary and permanent spousal support, as well as support modifications, property division and child support.
If you are expecting that you will be paying spousal support or child support, our law office can help prevent you from being forced to pay more than what is considered reasonable. If you are the supported spouse, we can assist you in making sure that you are appropriately and fairly provided for.
Spousal Support in California
Spousal support is often a hotly contested issue in divorce. Supported parties are concerned that they will not have enough to live on. The supporting party is concerned with protecting assets.
When determining spousal support (alimony) in California the courts look at factors such as these:
- Can the earning capacity of each spouse maintain the standard of living of the marriage?
- How did the person seeking spousal support contribute to the other's education or professional attainment?
- What can the supporting party, based on present earning capacity, afford to pay in spousal support?
- Has the marriage lasted ten or more years?
- How old are the children?
Child Support in California
Child support is essentially determined by California child support guidelines. This formula takes into account the income and expenses of both divorcing parties, and time that each parent will be spending with the involved child.
It is especially important to make sure that income is as accurately represented as is possible, especially when one or both of the spouses are self employed. At the Law Offices of Marshall A. Coyle, we will review tax returns and seek to determine whether deductions on Schedule C tax forms are legitimate, including looking at matters of depreciation, which should not be a deduction in a spousal or child support matter.
California has what is known as a vocational evaluation process, in which the supported party can be required by the supporting party to have an evaluation for ability to earn income. The supported party can also be required to seek work or a better paying job, through an Employment Efforts Order (EEO).
Contact Us
To learn how the Law Offices of Marshall A. Coyle can help you effectively resolve your family law concern please call 408-916-3065 or e-mail us to arrange a consultation today.
