Experienced San Jose Divorce Lawyer
Santa Clara County Attorney Resolving Child Support and Spousal Support Issues
Child support and spousal support (also called alimony) are among the most complex, highly contested issues involved in a divorce. Determining the correct amount of support and getting the best possible settlement requires a divorce lawyer who is knowledgeable about California’s child support guidelines and spousal support laws. San Jose attorney Sandra McManus has experience working with child and spousal support issues since 1994 – as an attorney and as a family law mediator.
At the Law Offices of Sandra J. McManus, we are committed to helping Santa Clara County residents with child support and alimony matters. We look forward to helping you get the best possible results. If you need legal help, we will work aggressively on your behalf.
Highly Skilled in Child Support Cases
In California, the amount of child support to be paid is almost always determined by the statutory child support guidelines. The guidelines take into consideration the number of children, the parents’ incomes, the custody and time-sharing arrangements and other factors. Determining the correct amount of child support can be more difficult when one parent’s income is not easily verified, as in cases of self-employment or variable income.
Our firm’s work begins by filing a motion to get child support started if needed, while simultaneously working on matters of custody and visitation. When necessary, we can help you establish paternity in order to collect child support.
Child support – and spousal support – such matters are handled at the Family Justice Center, located at 201 N. 1st Street, San Jose. Child support can involve the Department of Child Support Services if one parent is receiving welfare benefits, or if one parent uses the DCSS in the establishment or collection of the child support.
For the past 8 years, the family court has been divided into 4 different courthouses (Morgan Hill, Sunnyvale, Notre Dame and Park Center Plaza). No more will you have to determine which courthouse you belong in. Effective 8/15/2016 the Morgan Hill, Sunnyvale and Park Center Plaza Family courthouses were all moved into the new Family Justice Center Courthouse located at 201 N. 1st Street in San Jose. Those additional courthouses which joined the Family Justice Center on 8/22/2016 were the Department of Child Support Services child support cases from the 99 Notre Dame Avenue courthouse and the Juvenile Dependency and Adult Drug Court cases from the 115 Terraine Street courthouse. The new courthouse includes meeting spaces so that you can talk with your attorney in private. It also includes a cafeteria area and a daycare area for children. Parking can be a problem so please leave plenty of time to find parking in downtown San Jose.
San Jose Alimony Lawyer
Spousal support (also called alimony or spousal maintenance) is the payment of funds by one spouse to the other spouse, either while the divorce is pending, or after the divorce decree is finalized.
Generally, spousal support is ordered when there is a disparity in the spouse’s respective incomes and earning abilities. Unlike child support, the amount of spousal support is not always determined by a mathematical formula. Rather, the court looks at a number of factors, such as:
- The length of the marriage
- The ability of each spouse to support him or herself, considering the standard of living during the marriage
- Whether one spouse was unemployed for periods during the marriage to care for children or attend to domestic duties
- The income, education, training and employment experience of each spouse
- The ability of one spouse to pay spousal support
- The property, assets and debt obligations awarded to each spouse in the divorce
- Each party’s income, earning capacity, marketable skills
- The time and expenses needed for one party to obtain training or education needed to find and maintain employment
Sandra McManus represents clients seeking an award of spousal support and those opposing court-ordered alimony. Ms. McManus has extensive experience analyzing spousal support issues, including its interrelation with property division, and the tax ramifications of alimony payments. She is skilled at effectively communicating the short-term and long-term support needs of her clients in negotiations and in court. She can help clients prove their need for spousal support, as well as defend against having to pay alimony.
Sometimes a significant change in circumstances, including a move, job loss or new financial situation, makes it difficult to adhere to existing orders for support and alimony. We help clients seek or oppose modifications of family court orders when appropriate.
Contact A Skilled Alimony Lawyer In San Jose
To talk with our attorney about alimony, please contact us at 408-293-6383 to schedule a free half-hour consultation.