Child & Spousal Support

Legal Counsel for Financial Support Obligations

Extensive Experience in Child Support for Adult Disabled Children

Determining Child Support
Support for Children with Special Needs
Child Support Modification
Spousal Support (Alimony)

The Law Office of Janet M. Miller offers capable representation in the determination or modification of child support, and in the negotiation or litigation of spousal support in divorce. Ms. Miller's background in finance and her advocacy for special needs children prove invaluable for the complex legal issues involved.

Free Half-Hour Consultation: 408-873-9944
Serving the Silicon Valley, South Bay and all Santa Clara County

Determining Child Support

California child support is based on state formulas, with income representing a major factor. Janet Miller holds an MBA in finance, enabling her to decipher tax forms, business balance sheets, bank statements, and other data to discover actual incomes for accurate determination of support obligations. She can sort out taxable and non-taxable income, and in particular trace the true income of self-employed parents.

Support for Children with Special Needs

Child support usually ends at age 18. Many parents do not realize that a child who is disabled may be entitled to support beyond 18, regardless of whether the disabled adult child still lives with the non-paying parent.

Janet Miller is experienced in establishing conservatorships once the disabled child reaches legal independence at age 18, and special needs trusts so that the adult child can receive Social Security Disability (SSI) benefits and child support.

If the parent is disabled: A court normally splits unreimbursed medical and day care costs 50-50 between the custodial and non-custodial parents. This can be a hardship for a disabled parent on a fixed income. Ms. Miller helps these clients petition the court for a pro rata division of these costs based on actual incomes.

Support Modification

Either parent can petition to modify child support (up or down) if there is a change in circumstances. Ms. Miller can effectively state your case to the court.

Spousal Support (Alimony)

• Temporary spousal support is typically awarded while the divorce is pending, with the higher-earning spouse making monthly payments based on a formula.
• Although "permanent" spousal support is discretionary, Janet Miller will analyze the statutory factors used, as they pertain to your particular case, to reach the amount of support.

There are no guarantees, and some clients choose to negotiate rather than litigate spousal support. Ms. Miller can help negotiate the amount and duration, including running the calculations for a lump-sum buyout.

The Law Office of Janet M. Miller seeks to obtain fair and reasonable support through sophisticated financial investigation. Contact Ms. Miller today at 408-873-9944 for a free half-hour consultation.