Financial Aspects Of Divorce And Recovering Attorneys' Fees

Spousal Support And Child Support

Determining the appropriate amount of spousal and child support is extremely important in any separation. If you are entitled to receive spousal support, you need to make sure you are getting enough to support the lifestyle to which you are accustomed. If you are ordered to pay spousal support, you want to ensure you are not paying more than necessary. Likewise, with child support you need to ensure the amount is enough to cover basic necessities, medical care, education and entertainment.

McArdle & Vosskuhler, PC, has extensive experience in handling all types of spousal and child support cases. Our attorneys are familiar with how each of the types of support operate and we will know which type is appropriate for your situation. From temporary to permanent support, to support in short-term and long-term marriages, and pre- and post-divorce judgment support, we have the ability and desire to help you reach a financially secure future.

Property Division

Dividing property during the course of a divorce proceeding is tough. The distinction between separate property and joint property is paramount. For instance, how is a house "divided" when it was owned by one spouse prior to marriage, refinanced during the marriage and then put into joint title before divorce proceedings were initiated?

Tracing property and assets that were brought into the marriage and those that came after the marriage is an extremely important yet challenging process that our attorneys can help with. Even if you have come to a tentative agreement with your spouse or partner about dividing property, we can analyze the proposed split to ensure it is fair. We will also make sure no assets are overlooked, hunt for hidden assets stowed away by your spouse, and investigate whether professional licenses or business goodwill are subject to division. Forensic accountants will also be used when needed to ensure you get what you deserve.

Recovering Attorneys' Fees — You May Be Eligible

In California, you may be able to have your spouse pay for your attorneys' fees. By filing a motion with the court seeking a "needs-based" fee award, a court can level the playing field when one spouse has minimal earnings and the other has significant income. The rationale? Courts do not want the lesser-earning party to be prevented from getting an attorney to help them navigate the dangerous waters of divorce.

We at McArdle & Vosskuhler, PC, can help you get a needs-based award of attorneys' fees. Even if you think you cannot afford a lawyer, we can help you get the funds you need to retain our law firm to help you through this difficult time. We can prepare and file a motion with the courts asking that the spouse with greater earnings be ordered to pay a portion (or all) of the lesser-earning spouses' fees. If you wish, we can also obtain a family law attorney real property lien to ensure you get the legal representation you need.

Do not let the financial aspects of your divorce get out of hand. Make sure you receive a fair deal and set yourself, and your children, on the path to financial security. Reach us in Newport Beach at 949-864-6339, or use our online contact form, to schedule your free consultation.