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Archive for February, 2010

When Can a Judge Impute Income to an Unemployed Parent? Understanding How California Family Courts Calculate Child Support

Tuesday, February 9th, 2010

Hard financial times are still troubling many parents in California who have been laid off from their jobs.  The Associated Press reports in the Los Angeles Times that nationally, new jobless claims have recently risen higher than expected, although California has fortunately seen some decreases.  For many of these parents who owe child support, the question is, when unemployment benefits end, will that parent be excused from paying the support until a new job is found?  On the other hand, if the paying parent is lucky enough to be in a better financial position than when the child support was first ordered, will that parent automatically pay more now to support his or her child?  The short answer in either case is no, and will continue to be no, unless and until one of the parent’s gets the child support order modified in family court.  (more…)

Minimize Conflict and Expense: How You Can Avoid a Contested Divorce in California

Tuesday, February 9th, 2010

No one who is about to go through a divorce wants to be subjected to the type of spiteful and hostile divorces that are routinely portrayed in movies and television, but many feel that an adversarial contested divorce is inevitable to the process.  A “contested divorce” means that the parties can’t agree on all the issues, such as property division, custody and visitation with children, the amount of spousal support (alimony), how to divide debts, or payment of attorney’s fees.  In these cases, a family court judge will ultimately have to decide these questions after divorce litigation.  The reality is that a contested divorce is usually not inevitable, and although a divorce will always be difficult, for many divorcing couples in San Diego much of the emotional and monetary cost of a contested divorce can be avoided.  (more…)


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