The Law Offices of

B J Fadem & Associates, APC

Certified Family Law Specialist

San Jose Divorce lawyerFamily Support” is a support order that can be obtained in lieu of “child support” AND “spousal support”. The advantage of “Family Support” is that it is one monthly payment that is entirely tax deductible to the payer and taxable income to the payee. However, it can only be used “temporarily” – it cannot be in lieu of the final support order after entry of the Dissolution Judgment; mainly because of the different legal application for “temporary” versus “permanent” or “long term” spousal support.

Attorney BJ Fadem is very involved in the Community has created a process to help Father’s and Mothers’ who need a more personal touch, a Family Support Legal Service in connection with their Community they live in. In 30 years, our Law Firm has helped 1000’s of Families adjust to Legal Separations, Divorce, Custody, Visitation issues, Guardianships, Grandparent Custody and or Visitations, Adoptions, Relocation Assistance, Domestic Violence, Child Abuse issues, and International Jurisdication Trials with regard to Family Support assistance.

Adjusting to a new life can cause trauma to child(ren), parent(s), step parent, or guardian. We will walk you through every step. We will do our utmost to make your situation as stress free as possible. We are not just your Legal Counsel, we are also your helping hand in a very difficult time in your family’s life.

Our Attorneys are recognized as being among the best in helping clients with the Family Support process and making it as uncomplicated as possible.

After separation and before the final dissolution of two married parties with child(ren), there are 2 types of Support that may be an issue:

  1. Child Support
    1. 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 this Support
  2. Spousal Support formerly known as “alimony” has 2 applications
    1. “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.
    2. “Long Term” or “Permanent” Spousal Support is “post dissolution judgment” and is only available to long term marriages (usually 10 years or longer). And cannot be calculated using the software program referred to above.

Spousal Support (temporary and long term) is entirely tax deductible to the payer 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 payer and entirely taxable income to the payee.

Common questions about Family Support:
Q:  Is it the same as just adding Child Support and Spousal Support together?
A:  No.  It is higher because the entire amount of Family Support is tax deductible to the payer and taxable income to the payee.  Spousal Support is always tax deductible to the payer and taxable income to the payee.

Q: Can you calculate the Family Support by simply adding the Child Support and Spousal Support calculated by the software?
A:  No.  The software can calculate Family Support, but you need to change the settings.  Because it is 100% tax deductible and is a higher amount. The advantage is that it provides more money to the recipient while giving the payer the advantage of a higher tax deduction.

Q:  Family Support can only be on a temporary basis and must be stipulated to.  The Court cannot Order it?
A:  This is a perfect example of a situation where having one of our Attorneys speak to you about your rights will benefit you.

Can your Law Firm file our Legal documents in any County?
Yes.  We can file in all California Counties and cities, including but not limited to: Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humbolt County, Inyo County, King County, Lake County, Lassen County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Placer County, Plumas County, Sacramento County, San Benito County, San Francisco County, San Joaquin County, San Mateo County, Santa Clara County, Santa Cruz County, Shasta County, Sierra County, Siskiyou County, Solano County, Sonoma County, Stanislaus County, Sutter County, Tehama County, Trinity County, Tulare County, Tuolumne County, Yolo County, and Yuba County.

Seeking sound legal counsel with regard to Family Support is a very important decision.  Making the wrong or uninformed decision could cost you your family.  Helping families is what Attorney B J Fadem does.

Our Attorneys are skilled at helping clients with Family Support legal issues and making the process as civil and polite as possible. We hope that your case will go to Mediation first or to a Settlement Conference. This will save you both time and money. However, if the Opposing Side does not hold these ideals in high regard, we will be prepared to litigate at trial.

Your issue may be time sensitive.

Please contact our office to set-up your Initial Consultation.

Please read the FAQs prior to your Initial Consultation.

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