In California divorce cases, spousal support may be court ordered on a permanent basis or for a limited period of time. The amount of support and the duration of support payments will depend on a number of factors, including:
Incomes of both spouses: When one spouse's income is significantly higher, that spouse may be expected to provide financial help to the other spouse.
Obligations and assets of both spouses: The financial obligations and assets of both spouses will be considered by a court when determining spousal support arrangements.
Duration of the marriage: Particularly in longer marriages, one spouse may have stayed home to care for children and supported the other spouse's education and career advancement at the expense of his or her own career.
Maintenance of standard of living: A court will consider the standard of living that existed during the marriage and may seek to enable the supported spouse to maintain that lifestyle when possible.
Supported spouse's future earning capacity: In addition to present incomes, the supported spouse's potential for future income is considered. This consideration will take into account the supported spouse's education and the impact of his or her parenting duties on his or her ability to work.
The Bacinett Law Offices will get you the child support order that you are entitled to and get those payments to you.
The California Guideline Child Support Calculator is based upon California Child Support Guidelines and can be used to estimate the amount of child support that may be ordered in your case.
Child Support Calculator : https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator
Child Support is based upon five key factors:
- Each Parent's Income
- Timeshare (amount of time the child is with each parent)
- Tax Filing Status (Head of Household, Single, etc.)
- Allowable Deductions (Health Insurance, Union Dues, Mandatory Retirement, Home Interest & Taxes,…)
If both parents are W-2 employees, then the child support calculation can be very simple and the Bacinett Law Offices should be able reach an agreement on these types of scenarios with the other parent or attorney. This results in a savings in attorney fees.
You will especially need an attorney in those situations that are not simple. The Bacinett Law Offices has vast experience litigating complicated cases regarding support with the following scenarios.
- A parent works for cash.
- A parent does not list all sources of income.
- A parent has stock options.
- A parent has bonus income.
- A parent hides their income.
- A parent has rental income.
- A parent has income from stocks, loans, etc.
- A parent has a much larger lifestyle than the parent's represented income could support. The Court looks at the lifestyle the parent is paying for.
- A parent is self-employed.
- A parent is the sole shareholder in a corporation or other legal entity.
- A parent is employed in a family business.
- Self-Employed, Family Businesses, Corporations, LLCs, etc. create unique situations that need an experienced attorney. The attorney must show the Court that the Parent has other income available for support. This means that a showing can be made that additional sums should be “added” to the parent's income. We call them “Add Backs.” Some items can may be legitimate tax deductions for the IRS, but the Court will consider it income available for support. The following are samples of Add Backs:
- Auto Allowance
- Fuel and Repairs
- Expense Accounts
- Costco Expenses
- Personal Expenses paid by the Employer / Corporation
- Cash Businesses
- Country Club Memberships
- Health Club Memberships
- Entertainment Expenses
- Charger, Padre, etc. Tickets
- Significant others being on payroll to hide income
- Family members being on payroll to hide income
- Several hiding places for personal expenses on a tax return include the following:
- “other expenses”
- “office expenses”
- “health insurance”
- “auto expenses”
The Bacinett Law Offices has handled more than 2500 divorces. We have the experience and skills to obtain good results for our client's when the other parent is hiding income.
We have handled every type of construction company from sole owner to 500 employees. The full array of contractors: General, Plumbing, Electrical, Solar, Roofing, Heating & Air, Mechanical, Fire Protection, Drywall, Painters, Flooring, Remodel Specialist, Framers, etc. We have handled cases where the community owned entertainment venues, bars, and restaurants. We have worked on cases for stockbrokers, bankers, finance, realty and escrow and title companies. We have worked on business interests in law firms, accounting practices, intellectual property held by the individual or with a company, automotive related companies (auto sales, repair, oil changers, etc.). We have handled small businesses from all walks of life, owners of rentals, 7-11, fast food, liquor stores, car washes, pizza shops, horse stables, manufacturing companies, mom and pop stores, to name a few and a couple hundred other business types.
We have the experience to protect the business owner and audit the business for the out spouse.