Child Support & Spousal Support

At the Law Offices of Shirley D. Jacobs our Pleasanton, Fremont and Walnut Creek child support lawyers are dedicated to helping families develop divorce settlement agreements that work for them. Whether you choose traditional courtroom litigation, or the alternative dispute resolution methods of mediation or collaborative law, we have attorneys prepared to help you reach your goals.

California child support is determined based upon a child support formula, which our attorneys can show you through a software program. Some situations may call for a support determination that is greater or lesser than the formula. Depending upon the specifics of your case, we may have the opportunity to present a case for an increase or decrease in child support.

A child support order can generally be modified based on a change in either of the parent’s financial circumstances.

California spousal support (also called alimony) is more complex. A temporary order for spousal support may be granted if one of the parties requests it from the Court, after the divorce proceedings have begun. The temporary award amount is determined by the same system that determines child support. There is some opportunity for interpretation, but not much.

A permanent spousal support order is entered with the final divorce decree. It is a discretionary award given by a judge, who will consider numerous separate factors in arriving at a decision. There is considerable opportunity for an attorney to argue a case of an increase or decrease of support.

As a general rule, the court will order support for the lower-wage-earning spouse for half the length of time of the marriage, with the goal that both spouses will be or become self-supporting. In order for the lower-wage earner to become self-supporting, a case may be made for a vocational evaluation or for additional schooling. Sometimes more support early on improves the employability and self-sufficiency of the lower-wage-earning spouse so that spousal and child support payments can later be reduced.

Couples who enter into mediation or the collaborative divorce process will be able to reach their own agreement for spousal support and need not follow the guidelines. The couple may benefit from hearing the opinion of a certified divorce planner, who can help them foresee future earning potential for each partner in the couple. The attorneys at the Law Offices of Shirley D. Jacobs can make referrals, who can help couples develop a spousal support agreement that the couple themselves judge to be fair and equitable.

Spousal support should be considered along with property division , as partners may make concessions in one area in order to gain something in the other area. In mediation and collaborative divorce, this form of give and take is easily accommodated.

Like child support, a spousal support order may be modifiable in the future, but it will depend upon the way in which your spousal support agreement was written. Some orders cannot be modified. By working with an experienced Pleasanton, Fremont or Walnut Creek child support lawyer, you can ensure your interests are protected.

Contact the Fremont, Pleasanton, and Walnut Creek spousal support attorneys at the Family Law Offices of Shirley D. Jacobs for comprehensive family law services. We serve residents of the East Bay area, including Alameda County and Contra Costa County and the nearby cities of Martinez, Danville, Lafayette, Moraga, Orinda, Livermore, San Ramon, Union City, Hayward, San Leandro, Alameda, Emeryville, Dublin, Berkeley and Oakland.