Support

Child Support

In California, as part of a divorce or dissolution of a marriage or domestic partnership, a court will decide whether one parent will receive financial support from the other parent for the care of their child(ren). This type of financial support is called child support.

Child support decisions are some of the most important aspects of a divorce or dissolution proceeding given that they deal with your child's current and future well-being.

In Santa Clara County child support hearings take place in the Superior Court of California, County of Santa Clara.

You can request a child support order from a judge when you:

  • Request an annulment.
  • Get divorced or legally separated.
  • Request a restraining order for domestic violence.
  • Are establishing parentage.
  • California has established guidelines for calculating the amount of child support that a parent must pay.

    • The statewide formula is dependent upon a number of factors, such as:

  • The amount of money both parents are able to earn.
  • The amount of time both parents spend with their child(ren).
  • The number of children that require child support.
  • Each parent's tax filing status.
  • Health insurance expenses.
  • Whether the children receive support from other sources.
  • Mandatory retirement contributions.
  • Daycare costs, education costs, and other expenses.
  • A court usually tries to come up with a child support amount that is fair to both parents and their circumstances.

    • Parents may be able to work out a child support amount without using the California formula, but a judge must approve this amount.

    Court-ordered child support can continue until the child:

  • Turns 18 years of age and is no longer a full-time high school student.
  • Turns 19 years of age.
  • Becomes emancipated.
  • Gets married.
  • Forms a domestic partnership.
  • Dies.

    • A court may also order the parents of a disabled adult child to pay child support for longer than what is usually required. Should you need to have your support payment altered at a later date due to a change in circumstances, such as a significant decrease in wages or the added responsibility of having to support children from another marriage, one of our lawyers at Sagaria Law, P.C. can help you file your petition in court.

    We can also advise you on how to have your support order enforced if the other parent stops making payments. In the United States, it is against the law to refuse to pay child support.

    At Sagaria Law, P.C., we understand that establishing a working child custody agreement can be a delicate matter, and we want to help you reach a fair resolution while allowing you to retain your privacy. We are accustomed to dealing with the sensitive issues that are often related to family law matters, and we are here to help you.

    Spousal Support

    If you are seeking counsel in the San Francisco/San Jose Bay Area concerning a separation or divorce, our lawyers at Sagaria Law, P.C. can help you and your spouse or partner work to resolve support or alimony issues.

    In California, when a couple legally separates or becomes divorced, the court may mandate that one person pay the other person a certain amount of financial support every month known as spousal support or alimony.

    Even while the separation or divorce process is going on, a spouse or partner can ask a court to issue a "termporary spousal/partner support order." Each county in California has their own formula for calculating the amount of temporary support, and, depending on where you are filing for support, one of our attorneys can show you how this is worked out.

    According to California Family Code section 4320, a judge must take the following factors into consideration when issuing the final judgment for support/alimony:

  • Each person's needs.
  • Each person's earnings, earning capacity, and what he or she is able to pay.
  • The number of years that the marriage or domestic partnership lasted.
  • The age and mental and physical well-being of both spouses or partners.
  • Property owned and debts owed.
  • Whether requiring both parties to work will make it too difficult to properly take care of the child(ren).
  • If there was a history of domestic violence in the relationship.
  • Whether the career of one partner or spouse has been affected by having to stay at home with the children.
  • How responsible one partner or spouse might have been in helping the other person build their career.
  • Each person's history of managing money during the marriage or domestic partnership.

    • Once the judge issues the final judgment for support, monthly payments can continue until:

  • One of the spouses or partners becomes deceased.
  • The person obtaining support gets married again or files for domestic partnership with a new partner.
  • A judgment or court order terminates the support.

    • A spouse or domestic partner can also ask a judge to enforce the support order if he or she is not receiving the monthly payments. As spousal support cases are usually handled in a California Superior Court, this means that a person living in Sunnyvale whose ex-spouse has stopped making support payments can go to the California Superior Court, County of Santa Clara to make their case.

    Also, should the circumstances change for either person after the judge has issued the final judgment for support, a request can be made to change the amount of spousal support/alimony at any time.

    If you would like to have more control over the terms of your separation or divorce, you may want to consider trying Alternative Dispute Resolution. ADR allows for the resolution of conflicts without going to trial, and there are many instances where our clients have been more satisfied with the results of mediation. Our lawyers at Sagaria Law, P.C. can help you determine whether your case may best be resolved through ADR rather than the courts.

    Division of Property

    The state of California is a community property state, which means that all property acquired by a couple during the marriage is considered "community property" and—unless otherwise agreed upon or barring a premarital agreement—must be equally divided in terms of total net value when the marriage is dissolved. California defines community property as any income earned or asset acquired by someone while married to another person. Property obtained before or during the marriage as a gift or inheritance is considered separate property. Any debts incurred by either person during the marriage is considered community property debt.

    In order to ensure the equal division of property, the amount of assets do not have to be equally split, but the value must be equal. For example, one person may get the vacation house in Monterey and the two cars, while the other person may get the more expensive house located in Santa Clara County in the city of Palo Alto.

    A family law attorney can help you work with your ex-spouse or former partner to figure out how to best divide your assets. If the two of you are unable to agree on how to divide the property, a judge may divide the property for you.

    Once a property division is agreed upon or mandated by a judge, the agreement is very difficult to revise. Most states will allow a certain time period when a request can be made called the Motion to Vacate the Judgment (sometimes known as a Motion to Reconsider) so that the party can explain why the court may have made a mistake when ordering the property division. Duress and fraud are two other reasons that are given when requesting a motion to reconsider. A party can also appeal their case with a higher court if they are not happy with the division of property order that was granted to them. Appealing the case can be costly and time consuming, and you will need a lawyer to represent you in court when you make your appeal.

    Hiding Assets

    Hiding assets during a divorce is against the law, yet it does happen. Some ways in which a spouse may try to hide their assets:

  • Paying wages to a nonexistent employer
  • Getting an employer to postpone raises, bonuses, or other options
  • Setting up a custodial account in the child's name
  • Not reporting certain income
  • Skimming money from their own business
  • Undervaluing certain collectibles
  • Not telling their spouse about certain accounts
  • Hiding money in their child's bank account
  • Placing assets in a safety deposit box

    • If you find yourself wondering if your spouse has hidden any of your community property assets, you may want to ask a lawyer for help.

    Domestic Partners

    Since January 2005, registered domestic partners are now allowed many of the same rights as married couples, and by California law, they must equally divide their property when they decide to dissolve their union. The new law is retroactive to the date that the domestic partnership was registered. This means that any property acquired by a couple that registered their partnership before January 2005 will be considered community property. Domestic partners who are registered in California are also free to sign a pre-partnership agreement that will allow them to make their own decisions about how their property will be divided. It's important to note that because many states won't recognize a domestic partnership that was registered in California, these rights won't necessarily be upheld in another state.


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