Family Law

San Jose Divorce Attorney Discusses Spousal Support and Child Support

By Scott Sagaria

San Jose Divorce Attorney Discusses Spousal Support and Child Support

The issue of spousal support and child support is one of contention among parties of divorce. There are times when spousal support or child support is set higher than what a party can pay. Some of these people who cannot pay their support decide to quit their jobs or cut off their income to avoid paying their ordered support. However, a person should be warned that doing this is a bad idea, because the court could then impute that party with the income that they were earning before they quit and force them to pay the amount anyways. This basically means that if the court has ordered that you pay a specific amount, you will have to pay it unless and until your ex agrees to a different amount or the court orders a different amount after you file the appropriate request. But although you claim you cannot afford the support, the judge may not agree with you. Thus if your financial circumstances have changed, you can file for a modification of your support order.

You will have to state how your expenses have changed or how your monthly income has decreased. You must have a legitimate reason in order for the Court to accept your modification and you must prove that your monthly income has diminished. Outside of a modification in a courtroom, your only other option is to ask your attorney to negotiate with your ex through his/her lawyer to see if you can get him/her to agree to a reduction in monthly payments. Though most exes will not usually agree to such modification, your request to negotiate a lower monthly expenditure is certainly worth a try. But again, you need evidence to have a chance at modification.

Here at Sagaria Law, we offer a full range of family law legal services, from divorce and property disputes to custody and visitation matters. We handle all types of family law actions, including adoptions, guardianships, parentage, dissolution and support. We have five Northern California locations including San Jose, Redwood City, Fremont, Salinas and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today to schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Full post as published by California Family Law Blog on March 09, 2009 (boomark / email).