Child and Spousal Support can be complex issues in a family law case. When parties own their own business or are paid under the table, ascertaining someone’s cash flow can be difficult. An experienced Family Law Attorney and a competent forensic accountant can make all the difference to ensure that you are paying and/or receiving the correct amount.
Child and Spousal Support can be complex issues in a family law case. When parties own their own business or are paid under the table, ascertaining someone’s cash flow can be difficult. An experienced Family Law Attorney and a competent forensic accountant can make all the difference to ensure that you are paying and/or receiving the correct amount.
Many clients often ask what our strategy is or what we have planned for a particular hearing or event in the case. Oftentimes, it is hard to predict an exact course of action or outcome because we are working with other individuals, such as judges, experts, attorneys, and litigants. A good strategy in our eyes is made of the following:
Whether you are seeking an initial order or a modification, the first step is to file a motion for your intended relief so that you may obtain a court date. This is also important because this filing date establishes your date of retroactivity [when the court can start the support order]. Prior to the Court date, it is helpful to conduct some basic [or complex if necessary] discovery to find out what the other party’s income is and to obtain helpful documents to assist the Court in deciphering the other party’s true cash flow.
At the hearing, depending on whether the hearing is for temporary or permanent support, it may be appropriate to provide the court a proposed calculation for support. Once the court makes its orders, it is important to memorialize this in an Order after Hearing and, if appropriate, to submit a Wage Garnishment so that there is no problem receiving payment.
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