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Family Law Advice

By Attorney Natalie Daprile

Spousal and Child Support

– Are You Getting Your Fair Share?

In a divorce, the spouse who is the major earner is usually ordered to pay spousal support and child support to the other party. This support is calculated in large part based on the salary and wages of the major earner. Support is also calculated on the value of stock options, bonuses and restricted stock units which are a common component of employment here in Silicon Valley

In my 22 years of practicing family law, I have seen that many parties are missing out on the spousal and child support income they should be receiving from their former spouse's stock options, bonuses and restricted stock units. Too often, parents think they received "their fair share" when community stock options were divided during the initial divorce. However, bonuses, stock options and restricted stock units that are acquired or vest after a divorce are still compensation that must be factored into the child and spousal support calculations. After all, child and spousal support is based on the total compensation received by the parents. The problem is that many people are self represented in their divorces or don't have a Certified Family Law Specialist representing them in their divorce and simply don't know they are entitled to this.

"In my 22 years of practicing family law, I have seen that many parties are missing out on the spousal and child support income they should be receiving from their former spouse's stock options, bonuses and restricted stock units."

As a parent, you have a responsibility to makes sure your children are receiving proper child support. Your child is supposed to be living at a standard that is commensurate with both of his or her parents' income. Don't let your child be cheated from a better education, travel opportunities, and enriching programs because of an error in a child or spousal support calculation. Children are minors and cannot assert their rights – that is what they need you to do!

It is never too late to correct a mistake if you believe your support was not calculated correctly. Child support is always modifiable. But don't wait, as the longer you wait the more you may miss out - relief is only retroactive to the date your attorney files a Request for Order to rectify the mistake. If you have a "bonus provision" or "Smith-Ostler" provision in your original support order, then you are likely entitled to retroactive support. You can get the correct amount that is due to you and possibly a 10% interest penalty attached on the monies due.

If your former spouse is receiving the type of compensation outlined above and you believe you may not be receiving correct spousal or child support, please contact my office at 408-918-0920. I work with parents to ensure that they and their children are receiving their correct support. My firm, Daprile-Bell Family Law Offices serves the needs of Santa Clara County residents with a staff of five attorneys and two paralegals. Check us out at Daprile- Bell.com. Most importantly, take action now if you believe you are entitled to additional support from your former spouse.

Natalie Daprile specializes in divorce and post-divorce modifications of child and spousal support for Silicon Valley residents, including those employed in high-tech companies such as Google, Ebay, Apple, Facebook, Qualcolm, Microsoft.