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CHILD & SPOUSAL SUPPORT IN SAN JOSE

Helping You
Navigate Support
In San Jose

CHILD & SPOUSAL SUPPORT IN SAN JOSE

Helping You
Navigate Support
In San Jose

Child & Spousal Support
in San Jose

Our San Jose family lawyers provide a wide range of services, including child and spousal support. They will give you all the resources you need to determine your eligibility, set up an action plan, and enforce any orders issued by our lawyers. We’re proud to make our attorneys available for free consultations! So if you are experiencing difficulties- we want to help out!

 

Child Support and alimony are two important aspects of family law in San Jose, CA. Child support is the financial obligation a parent owes for the care and maintenance of his or her child. Alimony, on the other hand, is an amount that one spouse pays to the other spouse as part of a separation agreement with court approval. If you’re going through a divorce in San Jose, it’s important that you gain an understanding of this topic early on in the process so you can come up with a plan that works for you and your family.

 

If you need help with child or spousal support, our San Jose family law attorneys are here to help. We have the experience and knowledge needed for your specific case. If you want a second opinion or more information on our process, call us today! Our friendly staff will be happy to answer any questions that come up during your free consultation with one of these lawyers.

How to Request an Order for Child Support
in San Jose?

To get an order for child support in San Jose, you must first file a case with the Court. If you do not have an existing case, you will need to file one. If you are currently married to the other parent, you can file an action for divorce or legal separation. If you do not want to file for divorce or legal separation, you can file a Petition for Custody and Support of Minor Children and Summons. If you are not married to the child’s other parent, you must file a parentage action. This means you are asking the court to say who the other parent is. You are also allowed to ask for child support, custody, and visitation orders at the same time.

How Do I Request Alimony
in San Jose?

If you and your spouse agree to an alimony agreement, then you will not need to request it in court. However, if there is no agreement or the agreement has been violated, then a party can request alimony from the court.

 

You or your spouse must file for divorce before you can ask for alimony. You also must provide sufficient documentation showing that you have been living separately for at least 12 months and that one of the spouses cannot support himself or herself financially. If the judge grants your request for alimony, the amount and length of the payments will be determined by factors such as your income and ability to support yourself financially.

Schedule Your Free Consultation!

View Our California
Calculators


Child & Spousal Support
in San Jose

Our San Jose family lawyers provide a wide range of services, including child and spousal support. They will give you all the resources you need to determine your eligibility, set up an action plan, and enforce any orders issued by our lawyers. We’re proud to make our attorneys available for free consultations! So if you are experiencing difficulties- we want to help out!

 

Child Support and alimony are two important aspects of family law in San Jose, CA. Child support is the financial obligation a parent owes for the care and maintenance of his or her child. Alimony, on the other hand, is an amount that one spouse pays to the other spouse as part of a separation agreement with court approval. If you’re going through a divorce in San Jose, it’s important that you gain an understanding of this topic early on in the process so you can come up with a plan that works for you and your family.

 

If you need help with child or spousal support, our San Jose family law attorneys are here to help. We have the experience and knowledge needed for your specific case. If you want a second opinion or more information on our process, call us today! Our friendly staff will be happy to answer any questions that come up during your free consultation with one of these lawyers.

How to Request an Order for Child Support
in San Jose?

To get an order for child support in San Jose, you must first file a case with the Court. If you do not have an existing case, you will need to file one. If you are currently married to the other parent, you can file an action for divorce or legal separation. If you do not want to file for divorce or legal separation, you can file a Petition for Custody and Support of Minor Children and Summons. If you are not married to the child’s other parent, you must file a parentage action. This means you are asking the court to say who the other parent is. You are also allowed to ask for child support, custody, and visitation orders at the same time.

How Do I Request Alimony
in San Jose?

If you and your spouse agree to an alimony agreement, then you will not need to request it in court. However, if there is no agreement or the agreement has been violated, then a party can request alimony from the court.

 

You or your spouse must file for divorce before you can ask for alimony. You also must provide sufficient documentation showing that you have been living separately for at least 12 months and that one of the spouses cannot support himself or herself financially. If the judge grants your request for alimony, the amount and length of the payments will be determined by factors such as your income and ability to support yourself financially.

Schedule Your Free Consultation!

View Our Texas
Calculators



Our Attorneys Are Ready To Listen

Our experienced child & spousal support attorneys in San Jose have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.

What is Child Support in San Jose?

In San Jose, child support is understood as the money paid by one ex-spouse to another to provide for their children. It’s important to remember that this money is not just for groceries and clothing, but also includes the costs of school supplies, daycare, extracurricular activities, etc. Child support payments need to cover all of these expenses and should be made in a way that assures even support for all children involved.

 

In California, child support is dictated by the state guideline and is calculated based on the income of both parents. Each parent’s gross income minus deductions for things like pre-tax childcare expenses and health insurance premiums are multiplied by their respective percentage of time with the children. The amount comes after any other child support orders and out-of-pocket medical expenses.

What Happens to Child Support in San Jose
if the Parent Receiving it Remarries?

If a parent receiving child support remarries, the obligation to pay child support ends. The new spouse will then be financially responsible for the children.

 

The following are some of the exceptions to this rule:

 

  •  If the new spouse is not legally married to the parent receiving child support
  • If there is a court order that requires the person paying child support to continue making payments
  • If the children have reached 18 years of age and are still attending school or living at home with their custodial parent who is not remarried
  • If there has been a court order that specifies that child support will be paid after the death of either party

Try Our California
Child Support Calculator



Our experienced San Jose family law attorneys understand that no case is the same. We encourage you to reach out and share the details of your case with them so they can provide you with a better idea of your unique attorney fees.


Have Questions, Reach Out!

Our experienced child and spousal support attorneys in San Jose understand how overwhelming the support process can be. They will listen to the specifics of your case while paying attention to your concerns and goals. They will provide you with expert advice to help you navigate this difficult time and make the best decisions for your family! 


What is Spousal Support ‘Alimony’
in San Jose?

If you’re going through a divorce in San Jose, you may have heard of spousal support. Spousal support is typically used when one spouse makes more money than the other. It’s used to help maintain their lifestyle while they’re transitioning to single life. Spousal support is not just for singles; sometimes it can be ordered even if the couple has minor children together.

 

Spousal support, also known as alimony, is an amount that one spouse pays to the other spouse as part of a separation agreement with court approval. A judge may also order alimony for an indefinite period of time, meaning until the death of either party or until such time as the recipient remarries or cohabits with someone else. Since every case is unique and there are many factors involved in determining these payments we recommend speaking with one of our experienced San Jose family lawyers to determine what payments in your case may look like.

How Can You Enforce
Support Payments?

If your ex-spouse or child’s other parent does not abide by the terms of a court order, it may be difficult to enforce. You can go back to court for enforcement and ask for help, but it is not guaranteed. There are many actions that can be taken if someone fails to pay their spousal or child support payments.

 

You should contact local law enforcement and notify them that you have a child or spousal support order that is not being paid. If this person falls behind on payments more than three times, they could face fines of up to $1,000 and six months in jail. The law also allows you to take this person’s drivers license away as well as seizure of their property or wages if they owe more than $5,000 in past due payments.

Try Our California
Spousal Support Calculator


What is Child Support
in San Jose?

In San Jose, child support is understood as the money paid by one ex-spouse to another to provide for their children. It’s important to remember that this money is not just for groceries and clothing, but also includes the costs of school supplies, daycare, extracurricular activities, etc. Child support payments need to cover all of these expenses and should be made in a way that assures even support for all children involved.

 

In California, child support is dictated by the state guideline and is calculated based on the income of both parents. Each parent’s gross income minus deductions for things like pre-tax childcare expenses and health insurance premiums are multiplied by their respective percentage of time with the children. The amount comes after any other child support orders and out-of-pocket medical expenses.

What Happens to Child Support in San Jose
if the Parent Receiving it Remarries?

If a parent receiving child support remarries, the obligation to pay child support ends. The new spouse will then be financially responsible for the children.

 

The following are some of the exceptions to this rule:

 

  •  If the new spouse is not legally married to the parent receiving child support
  • If there is a court order that requires the person paying child support to continue making payments
  • If the children have reached 18 years of age and are still attending school or living at home with their custodial parent who is not remarried
  • If there has been a court order that specifies that child support will be paid after the death of either party

Try Our California
Child Support Calculator



Our experienced San Jose family law attorneys understand that no case is the same. We encourage you to reach out and share the details of your case with them so they can provide you with a better idea of your unique attorney fees.

What is Spousal Support ‘Alimony’
in San Jose?

If you’re going through a divorce in San Jose, you may have heard of spousal support. Spousal support is typically used when one spouse makes more money than the other. It’s used to help maintain their lifestyle while they’re transitioning to single life. Spousal support is not just for singles; sometimes it can be ordered even if the couple has minor children together.

 

Spousal support, also known as alimony, is an amount that one spouse pays to the other spouse as part of a separation agreement with court approval. A judge may also order alimony for an indefinite period of time, meaning until the death of either party or until such time as the recipient remarries or cohabits with someone else. Since every case is unique and there are many factors involved in determining these payments we recommend speaking with one of our experienced San Jose family lawyers to determine what payments in your case may look like.

How Can You Enforce
Support Payments?

If your ex-spouse or child’s other parent does not abide by the terms of a court order, it may be difficult to enforce. You can go back to court for enforcement and ask for help, but it is not guaranteed. There are many actions that can be taken if someone fails to pay their spousal or child support payments.

 

You should contact local law enforcement and notify them that you have a child or spousal support order that is not being paid. If this person falls behind on payments more than three times, they could face fines of up to $1,000 and six months in jail. The law also allows you to take this person’s drivers license away as well as seizure of their property or wages if they owe more than $5,000 in past due payments.

Try Our California
Spousal Support Calculator



Have Questions, Reach Out!

Our experienced child and spousal support attorneys in San Jose understand how overwhelming the support process can be. They will listen to the specifics of your case while paying attention to your concerns and goals. They will provide you with expert advice to help you navigate this difficult time and make the best decisions for your family! 


See What Our Clients Are Saying About
Our Child & Spousal Support Lawyers In San Jose

Benji Kelso
Benji Kelso
April 13, 2022.
Brian and Yenesis were really great to work with. They are extremely thorough and know this area of law very well, and they won my case!
Larry B
Larry B
April 7, 2022.
I Spoke with Kiana today and she was very informative and thorough in her explanation of what my situation would entail, and she said I could probably do a divorce without their assistance . I really appreciated her honesty. l would recommend their service to anyone who needs help with their divorce.
Grace Osberg
Grace Osberg
April 1, 2022.
Nick and Jordan are hardworking and dedicated to their clients. I would recommend them to anyone seeking family law advice.
Megan Sexton
Megan Sexton
March 29, 2022.
I had the best experience working with Brian as My Attorney and Yenesis. I felt fully supported while they worked diligently fighting for myself and my children in my very intense divorce case.
Marva Short
Marva Short
March 21, 2022.
Modern Law Firm did a wonderful job handling a post divorce decree matter. Both Attorney Nick Totallian and Jordan Moore were diligent and thorough in bringing this case to a close.
Shiri Dennison
Shiri Dennison
February 19, 2022.
I spoke with kiana she dedicated her time to answer all my questions I didn't feel rushed and I got the answers I needed. She was very personable, very sensitive to the situation and helped me make a decision for a plan thank you so much I appreciate your law firm and your great service.
Shawndra Homeschool
Shawndra Homeschool
January 26, 2022.
Let's be honest, nobody wants to see themselves in a position where a family law attorney is ever needed. However if the situation does arises, Modern Family Law is the only place I’ve trusted with protecting my children and myself. I researched endlessly - day and night - before ultimitly putting my new, terrifying and time sensitive reality into their hands. This is when Brian Litzinger and Jordan Moore were introduced into my life. What had transpired into a “mess”, has now been avoided from becoming an absolute disaster. Thanks to the endless, hard work Brian and Jordan have dedicated. I can now rest assure, that the best outcome will be achieved. I can’t begin to thank Modern Family Law enough.

Experienced San Jose
Child & Spousal Support Attorneys

There are many factors to consider when facing child and spousal support cases in San Jose and there’s a lot you may be wondering. But don’t worry, our experienced San Jose family law attorneys are here to help! If you have any questions about how these processes work, the best place for you to start is with a family law attorney. We can help explain what to expect in your uniques situation.

 

The truth of the matter is that every situation is different and there is no one size fits all solution to support cases. That’s why it’s important for our lawyers to understand each client’s unique case before providing legal advice on anything related to child and spousal support.

 

We represent our San Jose clients in court, negotiate with the other side to achieve a favorable resolution, and help them through their legal needs. We’ve had decades of experience practicing family law so you can trust us when it comes to your case. With our history as litigators and negotiators, we know how best to approach each individual case from beginning to end.

 

Our San Jose child and spousal support attorneys understand how difficult family law matters are to navigate. They can empathize with your situation, provide you with counseling expert advice, to guide you to the best possible outcome for you and your family. We also understand the financial burden that family law matters can pose. As such, we have created our one-of-a-kind SimpleStart™ program to give clients an opportunity to reduce the amount of money needed to start their cases.

Our San Jose Office Location

Additional Support Practice Areas

Issues surrounding support involve many aspects and every case is different. Explore some of the other areas involved in child & spousal support. While you don’t need to understand every nuance of support, the more you do understand the easier the process will be.

Experienced San Jose
Child & Spousal Support Attorneys

There are many factors to consider when facing child and spousal support cases in San Jose and there’s a lot you may be wondering. But don’t worry, our experienced San Jose family law attorneys are here to help! If you have any questions about how these processes work, the best place for you to start is with a family law attorney. We can help explain what to expect in your uniques situation.

 

The truth of the matter is that every situation is different and there is no one size fits all solution to support cases. That’s why it’s important for our lawyers to understand each client’s unique case before providing legal advice on anything related to child and spousal support.

 

We represent our San Jose clients in court, negotiate with the other side to achieve a favorable resolution, and help them through their legal needs. We’ve had decades of experience practicing family law so you can trust us when it comes to your case. With our history as litigators and negotiators, we know how best to approach each individual case from beginning to end.

 

Our San Jose child and spousal support attorneys understand how difficult family law matters are to navigate. They can empathize with your situation, provide you with counseling expert advice, to guide you to the best possible outcome for you and your family. We also understand the financial burden that family law matters can pose. As such, we have created our one-of-a-kind SimpleStart™ program to give clients an opportunity to reduce the amount of money needed to start their cases.

Our San Jose
Office Location

Additional Support
Practice Areas

Issues surrounding support involve many aspects and every case is different. Explore some of the other areas involved in child & spousal support. While you don’t need to understand every nuance of support, the more you do understand the easier the process will be.

 

Meet Our Team Of Experienced
San Jose Child & Spousal Support Attorneys

Oakland Family Law Attorney Diane Nguyen

Diane Nguyen
Managing Attorney
Oakland, CA

San Jose family law attorney Holly Gutkovsky

Holly Gutkovsky
Senior Attorney
San Jose, CA

Oakland Family Law Attorney Riena Yu

Riena Yu
Associate Attorney
Oakland, CA

San Jose Family Law Attorney Jalyn Mitchell

Jalyn Mitchell
Associate Attorney
San Jose, CA

Frequently Asked Questions About
Child & Spousal Support in San Jose

Do I have to pay child support in San Jose even if I have 50/50 custody?

In San Jose, you may be required to pay child support even with a 50/50 custody agreement if you are a higher-earning parent. This is because the purpose of a child support order is to maintain the child’s standard of living as it existed prior to divorce, and this can only happen when there’s an adjustment in the form of support.

Can parents agree to no child support in San Jose?

If you are a parent in San Jose, your child has the right to support from both parents. No matter what agreements you make with the other parent, it is still illegal for one of them to avoid paying child support under this law. You can’t waive child-support payments because it’s not in the best interest of your children as required by their rights.

How long do spousal support payments last in San Jose?

In California, spousal support can be paid for up to half the length of a marriage that lasts 10 years or less. Unions lasting longer than 10 years are considered ‘long term,’ and no specific duration will apply.

Frequently Asked Questions About
Child & Spousal Support in San Jose

Do I have to pay child support in San Jose even if I have 50/50 custody?

In San Jose, you may be required to pay child support even with a 50/50 custody agreement if you are a higher-earning parent. This is because the purpose of a child support order is to maintain the child’s standard of living as it existed prior to divorce, and this can only happen when there’s an adjustment in the form of support.

Can parents agree to no child support in San Jose?

If you are a parent in San Jose, your child has the right to support from both parents. No matter what agreements you make with the other parent, it is still illegal for one of them to avoid paying child support under this law. You can’t waive child-support payments because it’s not in the best interest of your children as required by their rights.

How long do spousal support payments last in San Jose?

In California, spousal support can be paid for up to half the length of a marriage that lasts 10 years or less. Unions lasting longer than 10 years are considered ‘long term,’ and no specific duration will apply.

Our Calculators

We’re not fans of surprises and we suspect you aren’t either. We built these calculators just for you, so you know what to expect every step of the way.

Additional Resources About
Child & Spousal Support in San Jose

A General Overview of Child Support in Colorado

A General Overview of Child Support

Child support is a common issue in a San Jose divorce case with kids. Get informed about the facts involved in child support so you can make informed decisions.

Support Your Ex: Spousal Maintenance

Support Your Ex: Spousal Maintenance

A common issue divorcing couples in San Jose are faced with is spousal maintenance payments. This article is aimed at providing a brief overview of some of the contours of spousal maintenance.

Modification of Child Support: Changes in Income

Modification of Child Support: Changes in Income

Changing jobs is part of life. However, a modification of child support obligation due to a job change must be in good faith. Learn more about these modificaitons.


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