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Family Law Archives

Strategies to ease the process of family law and divorce

When moving forward with a divorce in California, there will be inevitable difficulties to navigate. Since family law can be complex, it is important to consider all the factors that will be integral to a divorce filing. There are strategies to make the case somewhat easier.

The consequences of losing parental rights

In some cases, the state of California or another relevant entity will determine that a person is not fit to raise his or her child. There is also the possibility that an individual will voluntarily terminate his or her rights to a son or daughter. When this happens, that individual is generally no longer required to pay child support or otherwise care for the minor in question. For all intents and purposes, it is as if the child and parent were never related.

How to obtain child support in arrears

Parents who are owed child support in California or anywhere else may be able to pursue back payments in state or federal court. Typically, cases are resolved in federal court if the parent who is obligated to make payments frequently moves to different states. Federal courts may also get involved if it is determined that there is no appropriate relief available at the state level for any other reason.

Study says states vary in child support amounts

A company called Custody X Change did a study that examined how child support payments differ from state to state. It started with a hypothetical family that had two children and a combined income of $100,000, with the custodial parent making $55,000. The custodial parent spent 35% of the parenting time with the child. Based on these figures, the study estimated a typical California child support payment would range from $530 to $730.

The truth about what it means to be a noncustodial parent

There are many misconceptions that people may have about noncustodial parents in California and throughout America. For instance, they may believe that a noncustodial parent gave up his or her rights voluntarily. However, the truth is that a custody ruling is based on what is best for the children, and in some cases, parents realize that what is best for their children is to live elsewhere.

Parents may have to enter support agreements to receive benefits

When parents split up, as many California couples know, one main concern is how to provide for the children. With 37 percent of children who live in single-parent homes living under the poverty line, it is important to work towards providing the best support for them. The USDA's new recommendations for states regarding SNAP benefits seeks to do just that.

Determining child and spousal support during divorce

Divorce in California can come with significant financial changes, some of which linger on long after the other emotional and practical issues have been sorted out. The type of financial changes can vary depending on the length of the marriage, the respective incomes of the two partners and the presence of children. When children are involved and one parent serves as the primary caregiver, it is particularly likely that child support payments will be ordered in the divorce. In some cases, alimony or spousal support payments may be ordered as well, but they may be shorter-lived than the payments to support the children.

Enforcing a delinquent child support order

Single parents in California may face difficult financial struggles, especially when the other parent isn't following through on child support obligations. However, parents who are owed outstanding support payments can take action to try to recover the debt. By going to family court or working with the California Department of Child Support Services, parents can seek enforcement of an existing child support order that is going unpaid.

How to avoid common errors with the marital home in divorce

When couples in California split property in a divorce, they should be careful to avoid some typical mistakes regarding their home. One of those mistakes may be keeping the home in the first place. A person who wants to do so should carefully review monthly costs to make sure it is affordable. One woman who fought for months to get the home said she later regretted the time she spent on it when she finally realized the better solution was to sell it and split the money.

Getting a child support court order

Divorcing California parents who are going through child custody proceedings may wonder how to get a child support court order. The laws vary depending on region, but most jurisdictions have laws that state a custodial parent is entitled to regular child support payments from the parent who does not have custody. In the United States, a court makes a determination of child support when the parents of the child obtain a divorce or are legally separated. If the parents were never married, the court first needs to establish the child's paternity.

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  • State Bar Of California | California Board Of Legal Specialization
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