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Archive for the ‘Child Support’ Category

Family and Financial Protection During Your San Diego Divorce, Part Two: What Other Court Orders Will You Need?

Friday, March 12th, 2010

Divorces in San Diego and throughout California can’t become final until at least six months after a spouse is served with divorce papers.  Usually, a divorce will take longer than this minimum waiting period.  Many steps need to be taken during the transition to protect your family, business, and finances. 

For divorcing spouses who have kids, a Divorcesupport.com blog provides advice on how to best meet your children’s emotional needs during a divorce.  It cautions that you shouldn’t be the only one providing your kids with emotional support.  When family and friends aren’t enough, then look for counseling options.  You’re also encouraged to get emotional support for yourself, such as through a local support group, family, and friends. (more…)

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…)

Whether In or Out of Wedlock, California Paternity Law Can Automatically Presume Fatherhood

Tuesday, December 8th, 2009

California’s paternity laws provide a process for determining who a child’s legal father is.  By establishing fatherhood, many other important questions can be answered.  For example, will a child have a right to his or her father’s medical records to help identify inherited health problems and risks, will the child be able to benefit from his or her father’s health or life insurance coverage, have rights to social security or veterans benefits, and have the right to be financially supported and receive an inheritance from both parents?  (more…)

Online Divorce: How Would You Decide Who Gets What in Your San Diego Divorce?

Wednesday, November 18th, 2009

Divorce at the click of a mouse – it may be coming soon to Brazil, according to an AP article published in the San Diego Union Tribune.  Brazil’s Senate recently approved legislation allowing online divorces under certain circumstances, and the bill awaits a vote from the House of Representatives.  If the bill becomes law, not everyone would be eligible for quick internet divorces, since it’s meant for those with less complicated and consensual divorces.  The idea has not come to California yet, but if it did, how well would it work?

As part of Brazil’s online divorce, you’d be able to divide assets.  While this seems like it should be simple enough, many of the most difficult issues in a divorce come up when figuring out who gets what.  For example, under California law, do you know what happens if one spouse started a business before getting married (making it separate property), and continued working in the business during the marriage?  (more…)

The Looming Threat of Contempt: How Far Can the Court Go in Enforcing Your San Diego Family Law Order?

Wednesday, November 18th, 2009

If a California family court order is disobeyed, there are many different ways to compel compliance, but can a person be jailed if, for example, child support isn’t paid?  Through the court’s “contempt power,” many family court orders that have been violated can potentially be punished with jail time.  On the other hand, the U.S. and California constitutions protect people from being put in jail just for having unpaid debts.  In the case of spousal support (alimony) or child support, even though money is owed, the payments are not seen as “debts” because they arise from legal obligations created when you have children or get married, which is why jail can be imposed for willfully violating the court order.  (more…)

A Parent’s Dilemma: Safeguarding Your Children During a California Divorce

Tuesday, September 29th, 2009

Every divorce in California poses its own difficulties, but when children are involved, many parents struggle with how to help their kids deal with the family changes and feel secure.  A common mistake is to overlook the importance of sitting down with your children to really discuss the divorce, making sure your children know they can ask anything and be open about their reactions.  Psychotherapist Dr. Matthew Capezzuto sets out “Five Steps for Helping Children Cope with Divorce” in his RoadmapstoSuccess.com article, also explaining what a child goes through when parents break up.  (more…)

Is It Time To Modify Your Child Support? When Circumstances Change After Your San Diego Divorce

Tuesday, September 29th, 2009

Just recently, an AP article published in the San Diego Union Tribune reports that for a middle-income family, a child born in 2008 will cost (in current dollars) about $221,000 to raise through age 17.  When adjusted for inflation, this figure jumps to an estimated $292,000, as forecast by the U.S. Department of Agriculture’s Center for Nutrition Policy and Promotion.  Their annual report helps state governments and courts determine child support guidelines. 

Even without reading the report, you know that raising children is expensive and always a challenge, but for divorced parents, child support can create additional concerns.  For example, what happens when a parent’s income grows, or if a parent loses a job?  (more…)

In Between Marriage and Divorce: What’s Legal Separation in California and is it Right for You?

Friday, August 7th, 2009

You’ve probably heard the term “legal separation” often, and you may be unsure of what it really means under California law. As reported by People, Sean Penn filed for divorce from his wife Robin Wright Penn in 2007, dismissed the divorce a few months later, and later filed for legal separation in April 2009, only to dismiss this petition the following month. While this is described as the second time that Penn calls off his divorce, legal separation is not divorce, because a legal separation doesn’t legally end a marriage. So what does it do? (more…)


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