Effective Child Support and Spousal Support Representation In San Diego County
The dedicated advocacy and guidance of an experienced and skilled family lawyer can make all the difference in matters of child and spousal support. For over 40 years, attorney John H. Tannenberg has provided meticulous and thoughtful representation to men and women throughout San Diego County that aims to achieve fair support decisions.
Child support is calculated by application of California child support guidelines. The art of lawyering is not determining the final support amount, as that is determined, at least initially, by a mathematical formula. Rather, the assistance of a skilled lawyer is essential for ensuring the accurate and complete input of income from all sources into that formula.
This process involves the proper identification and classification of all income sources. Our firm has extensive experience in evaluating complex income situations, including self-employment income, wage income and income derived from the ownership of a business, as well as passive and nonpassive income sources. We also understand how to identify possible “add-back” income sources, such as housing and car allowances. The child support formula is based upon a determination of the gross to net incomes of each party, the party’s tax filing status, certain specific income deductions for health insurance, income tax withholding and mandatory contributions to a pension or retirement plan, as well as the percentage of time a child is in the primary care of each parent.
Spousal support, also known as alimony, unlike child support, is not formula driven. There are two types of spousal support the court may award: interim/temporary support, also called pendente lite support (“while litigation is pending”), and permanent alimony, determined at the end of the case, either by stipulation or at trial. In matters of spousal support, attorney John H. Tannenberg is skilled in presenting pertinent factors persuasively to the court, helping the judge to arrive at a reasonable and equitable amount.
There have been changes to the federal tax law which affect the taxable treatment of spousal support in pre-December 31st, 2018 judgements and post January 1st, 2019 orders. We will discuss those changes with you as they may apply to your specific case.. In determining spousal support, the court considers a number of factors outlined in Family Code Section 4320, including, but not limited to:
- The marital standard of living
- The work history, income and earning capacity of each spouse
- The educational background of each spouse
- The time away from a career to raise children of the marriage
- The length of the marriage
- The health of the parties
- Tax issues
- Domestic violence or abuse
We will take the time to explain these and other factors and provide you a realistic assessment of what you may expect to happen in your case.
For many people, mediation is a viable alternative to traditional litigation to settle disputes in a divorce proceeding, including disputes concerning child or spousal support. Learn more about this option by visiting our mediation page.
To help ensure you are treated fairly in matters of child or spousal support, contact the Law Offices of John H. Tannenberg, A.P.C., at 619-235-6169 or 858-755-3300, for a half-hour telephone consultation. You can also contact us online.