Defending
Against Child Support
Defending Against Child Support
When clients need to defend against an increase in child support, there are multiple avenues we use to effectively reach the accurate determination of appropriate child support. These avenues include determining the overall income of the other parent seeking the support- this can often be non-monetary in nature, but could be viewed as income by the court. The other parent may be receiving aid from a church or free housing from a parent, which may not be reflected in their court paperwork.
The court is legally required to look at income derived from all sources when making a decision on child support, but alternative forms of income are often overlooked. Additionally the parent seeking support may be unemployed or underemployed when they have the physical ability to work. If the appropriate legal requirements are met, the court may be able to force a parent to search for work or attribute income to a parent for their failure to work.
Each child support dispute is unique and requires an equally unique strategy. At Provinzinao & Associates we develop that unique strategy by using all permissible legal methods to make sure our client is only paying the correct support figure - and not grossly overpaying support.
3 Ways to Potentially Save Hundreds of Thousands of Dollars in Spousal Support Payments
Spousal support in California can be an extreme burden. The purpose of spousal support is to preserve the marital standard of living.
What is the Marital Standard of Living and Why Does It Matter?
The Court has a statutory list of 14 factors to consider in making orders for spousal support. Three of those factors directly refer to the marital standard of living. Specifically, the Court needs to consider (1) the earning ability or each party, (2) the ability of each party to pay support and (3) the needs of each party through the lens of the marital standard of living.
If I Quit My Job, Do I Still Have to Pay Alimony?
I've heard a number of clients tell me "l've had enough of working all day long paying his/her bills while he/she sits at home, why don't I just quit or take a part-time or minimum wage job to stick it to her/him?" This is an emotional & impulsive response, but why is quitting a job to avoid alimony a truly awful idea?
