Family Law

San Jose Family Law Attorney explains how judges may consider your financial situation, including bankruptcy, when establishing domestic support in a divorce.

By Scott Sagaria

San Jose Family Law Attorney  explains how judges may consider your financial situation, including bankruptcy, when establishing domestic support in a divorce.

If you are going through a divorce, you should know that judges can take a wide range of factors into consideration when establishing domestic support obligations, such as child support and spousal support or alimony.  Whether you are the custodial parent or non-custodial parent, here are some thoughts to keep in mind.

Income plays a large role in determining support.  If there is a significant income disparity between the parents, the one with the lower income may receive support, especially in the cases of split-custody, or where the lower-earning parent is the custodial parent.  The family?s standard of living prior to the divorce is considered, as are the number of children and any special needs the children may have.

If the non-custodial parent is unemployed, has health problems, or has filed for bankruptcy protection, the judge may consider the inability to pay support altogether and may temporarily suspend child support payments until the parent finds a better job or circumstances change.  After the circumstances change, the judge may order the non-custodial parent to reimburse the other parent for the suspended payments.

The court may provide for the earmarking of funds for specific items, such as school fees, day care or medical expenses.  For example, the court may require parents to pay tuition fees directly to their child's school, rather than remitting money to the custodial parent.  To decide what is best for you, please consult an attorney.

Here at Sagaria Law, we offer a full range of family law and legal services including  divorce,  paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven California locations including San Jose, San Francisco, Redwood City, Fremont, San Diego, Roseville 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 and we can connect you with an attorney immediately or we can 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 November 09, 2009 (boomark / email).