Child Support and Spousal Maintenance
Child support becomes contentious, not, ordinarily, because the parties are unconcerned with their children's welfare, but since child support is a sacrifice and investment. The payer of child support wants to confirm the child support will be invested and dedicated to the child's needs. Often, the payer must accept that he or she cannot direct or control child support, after it is paid. Having said that, James M. Warner has experience litigating child support matters, where determining income available for child support and calculating annual net resources is not clear-cut or simply to resolve. Mr. Warner favors a child support agreement, as opposed to litigation, so that the parties can agree to vary from the statutory child-support guidelines, if they wish, or even follow these guidelines, because any agreement between the parties will inevitably reduce the litigation costs.
James M. Warner also will assist his clients with enforcing the terms of an order, relating to child support, visitation, spousal maintenance, property division and any other stipulation found in the divorce decree. Mr. Warner will seek contempt of court for parties, who refuse to comply with the foregoing orders, and will defend a party, who has fallen short of his or her obligations.
Most often, seeking and obtaining spousal maintenance/support is an uphill battle. However, courts will consider spousal maintenance in marriages lasting longer than ten (10) years, coupled with a very limited or meager income earning capacity for the spouse seeking support, or a documented history of domestic violence, in the marriage. Court-ordered maintenance is limited to three years and has a 36-month limit on the amount that can be paid. The limits can be waived in the case of disability. The process for obtaining spousal support may seem obvious and unencumbered; however, an attorney must be mindful of tax considerations, especially if there is a disparity of income-earning potential between the parties. James M. Warner and his staff will meet with you, discussing the specific facts and circumstances of your case, and provide an educated and experience opinion as to your options, when seeking spousal maintenance.