Can Child Support Be Based on More than Present Income

Can Child Support Be Based on More than Present Income?

Pierre Domercq Child Support

Can child support be based on more than present income in a Carlsbad or North County divorce?  California family law establishes clear guidelines for the calculation of child support.  However, it is interesting to note that child support is not simply based upon present earnings for either spouse.  The Court is to look at each spouse’s ability to pay and …

How Long Does Child Support Last in North County San Diego?

Pierre Domercq Child Support

We are often asked “How long does child support last in North County San Diego child support orders?” Many people mistakenly believe that child support includes the division of college tuition and expenses, or basically until the child grows up and moves out of the house on their own. Under California law, child support in North County San Diego should …

Will Spousal Support Be Enough and How Long Does it Last?

Pierre Domercq Spousal Support

How long does spousal support last in a North County or Carlsbad divorce and will it be enough to be able to support a separate household? Questions of spousal support are not as clearly defined in California law as the child support calculations guidelines. Therefore, spousal support is usually a negotiation between the parties or the result of mediation or …

Temporary and Permanent Orders in a Carlsbad or North County Divorce

Pierre Domercq Child Support

How does child support or spousal support work after the parties separate and file for divorce in North County? What is the difference between temporary orders and permanent orders in a Carlsbad or North County San Diego divorce action? The experienced divorce attorneys at Burke & Domercq have worked in North County divorce and family law courts for decades. We …

What Happens When a Change Affects Your Child Support?

Pierre Domercq Post Decree Modifications

What happens when life changes affect your child support? What if you lose your job or suffer a major illness and are unable to meet your obligations? What if the person receiving the support or the person paying the support has a significant increase or decrease in their income? How do you make modifications to child support after the divorce …

How are a Child’s Private Education Costs Handled in a Divorce?

Pierre Domercq Divorce

The question of the costs of a child’s private education are usually rooted in concerns regarding child support. Will the court order your former spouse to split or pay for the private education you intend for your child(ren)? Generally speaking our Courts consider a private education to be discretionary from the perspective of a divorce settlement. There are many circumstances …

Women Face Substantial Financial Challenges After Divorce

Pierre Domercq Divorce

A recent study has brought a concerning fact to light with respect to divorce: women tend to face steeper financial challenges after a divorce. The myth commonly portrayed in movies and television shows women who “win” a divorce case resulting in big child support and spousal support payments. The study points to a different reality. The attorneys at Burke & …

What is “Family Support” and is this Legal in California?

Pierre Domercq Child Support

The term “Family Support” is a strategy supported in California based upon IRS tax code. Family Support generally applies to the combination of child support and spousal support payments in a North County San Diego divorce settlement. Under IRS tax code, child support is not taxable to the recipient, nor can it be deducted by the person paying child support. …