Understanding Child Support and Spousal Support Agreements
Ane Murphy is skilled at helping clients with the Child Support process and works to make the process as civil and uncomplicated as possible. During your initial consultation, you will learn all aspects of your legal rights. However, if the opposing side does not hold these ideals in high regard, we will be prepared to litigate at trial as zealously as necessary.
After separation of married parties with children, two types of support may be an issue – Child Support and Spousal Support. Child Support is set by the California guideline amount pursuant to the Agnos Act. The Court does not have much discretion regarding this amount. The Court utilizes the same software as most attorneys to calculate this Child Support amount. The parties cannot waive Child Support because it is not theirs to waive – it’s the child’s means of support and in the public interest to protect the child. Child Support is not tax deductible to the payor nor taxable income to the payee.
There are two types of Spousal Support: temporary and long term. Temporary Spousal Support is support paid during the litigation to maintain the status quo. It is usually calculated with the same software program along with the Child Support. Long term spousal support is post dissolution spousal support and is set forth in the final judgment. Spousal support (temporary and long term) is typically entirely tax deductible to the payor and taxable income to the payee.
Family Support is one payment that is a combination of both Child Support and Spousal Support. It is entirely tax deductible to the payor and entirely taxable income to the payee; however there are complicated tax factors that must be considered when using Family Support.
Contact us at our San Jose, California, office to schedule an initial consultation with Ane Murphy, a child and spousal support attorney.