California Family Law Blog

San Jose Child Support Attorney Discusses Democratic Presidential Candidate, Hillary Clinton’s, Youth Opportunity Agenda Regarding Child Support Problems Faced by Low-Income African-American Fathers

The Urban League’s 2006 report on the situation of African-Americans in the United States concluded that the child support system and its abuses were a major problem, functioning as a large, hidden “tax” on the already skimpy earnings of many African-American males. Reportedly, half of uneducated African-American men ages 25-34 are non-custodial fathers and the child support they pay usually does not go to their child(ren), but rather to the state to reimburse the cost of public assistance for the mother and child(ren). Research shows that allowing the child support to go directly to the custodial parent promotes a father’s bond with his child(ren). Hillary Clinton pledges to “work with states and counties to ensure that they have support and incentives to pass on every dollar of child support” directly to the men’s children.

Many minority noncustodial fathers have spent time in prison and under the current system, rack up thousands of dollars in child support arrearages while they are incarcerated, with interest. Upon release these men struggle with a staggering debt, that most have no hope of ever paying off. In some cases, these men are even forced to return to jail for nonpayment. To address this problem, Clinton says she will “encourage states to take more realistic, cooperative approaches to managing arrears, so that fathers leaving prison are not immediately saddled with unrealistic payment obligations.” Clinton also commented that “[c]hild support payments can represent half of [low-income] men’s income, and can provide a strong incentive to work in the underground economy.” Clinton’s proposals have been viewed as a modest step forward in addressing these issues but more needs to be done.

If you or someone you know has questions about child support or other aspects of family law such as the divorce process, spousal support, or child custody and visitation, please contact Sagaria Law. Our team of family law attorneys can answer any such questions you may have and assist you through the process. We represent clients from Santa Clara County, Alameda County, Monterey County, San Mateo County, and surrounding areas. Contact our office today to schedule your free consultation to speak with one of our attorneys.

San Jose Family Attorney Discusses Grounds for Termination of Spousal Support

Unless the parties have otherwise agreed in writing, a court-ordered spousal support obligation terminates upon either party’s death or the supported party’s remarriage. Said spousal support termination is self-executing, meaning no motion to terminate is required and therefore no court action is required. While no particular words are required to make spousal support nonterminable on account of either party’s death or the obligee’s remarriage, silence on the subject is not sufficient.

A supported spouse’s nonmarital cohabitation is not a terminating event unless expressly made so by the parties’ agreement or court ordered based thereon, although a modification of spousal support may be based on such grounds. Similarly, once a spousal support order ceases to exist by the obligee’s remarriage, it cannot be later “revived” if the supported spouse’s remarriage fails. This is questionable in cases where the remarriage was obtained by force as the thinking in such a situation is that there is no voluntary decision incident to the remarriage to forego spousal support from the prior spouse and rely instead on support from the new spouse. A supported party’s remarriage extinguishes a spousal support obligation from a prior marriage even if the remarriage is to the same former spouse. In limited circumstances, it may be proper for the court to consider the total length of the two marriages between the parties in determining the amount and duration of spousal support in the second proceeding.

If you or someone you know has questions about spousal support or other aspects of family law such as the divorce process, child support, or child custody and visitation, please contact Sagaria Law. Our team of family law attorneys can answer any such questions you may have and assist you through the process. We represent clients from Santa Clara County, Alameda County, Monterey County, San Mateo County, and surrounding areas. Contact our office today to schedule your free consultation to speak with one of our attorneys.

San Jose Divorce Lawyer Comments on Eddie Murphy’s Divorce and Almost Second Marriage

Eddie Murphy’s divorce from his first wife of 12 years, Nicole Mitchell Murphy, with whom he shares five children, was finalized in 2006. However, the division of property is still continuing to the present. The parties have recently sold their Granite Bay compound, in Placer County east of Sacramento, for a reported $6.1 million. The house is located in a gated community and sits on 2.5 acres of lush grounds, boasting 10-bedrooms, a tennis court, gym, pool, spa and outdoor kitchen with barbecue. Nicole also has her home in Calabasas on the market with a listing price of slightly under $10 million.

Murphy appeared to enter into a second marriage, exchanging vows with producer Tracey Edmonds on New Year’s Day on a French Polynesian private island off of Bora Bora. However, just two weeks later, before the couple even had the chance to make their ceremonial union legal in the United States, the pair announced their split. No explanation was given although reports have surfaced that Edmonds called things off after Murphy became very controlling and physically intimidating. Different reasons behind the split have also emerged since then, including Edmonds’ refusal to sign a prenuptial agreement and Murphy’s insistence on bringing his mother on the honeymoon. In any case, it is clear that no divorce is needed as the two never attended a planned civil ceremony which would have made their marriage valid.

If you or someone you know has questions about divorce or other aspects of family law such as spousal support, child support, or child custody and visitation, please contact Sagaria Law. Our team of family law attorneys can answer any such questions you may have and assist you through the process. We represent clients from Santa Clara County, Alameda County, Monterey County, San Mateo County, and surrounding areas. Contact our office today to schedule your free consultation to speak with one of our attorneys.

San Jose Family Lawyer Discusses Adultery as a Grounds for Divorce

A survey recently identified extramarital affairs as the most common reason for divorce in the United Kingdom. Undoubtedly, adultery is the leading cause of divorce in the United States as well. In California, irreconcilable differences is one of only two grounds available for obtaining a divorce. Such irreconcilable differences must have caused the irremediable breakdown of the marriage. It is up to the Court to determine whether there are substantial reasons for not continuing the marriage and which make it appear the marriage should be dissolved. This ground for divorce is purposefully broad so as to represent the actual reasons underlying marital breakdowns and simultaneously make irrelevant questions of “fault” or misconduct by either party. Needless to say, adultery is often the reason behind the irremediable breakdown of a marriage in California.

In sharp contrast, some states delve into the various grounds for divorce including adultery and cruel and inhuman treatment. The State of New York, for example, provides these as causes of action for a divorce. Nevertheless, adultery is difficult to prove and requires corroborating evidence from a third party. Cruel and inhuman treatment must be behavior that rises to the level such that it makes it improper for the plaintiff to continue to reside with the defendant as husband and wife. The longer the duration of the marriage, the more severe the level of cruelty must be in order to establish grounds under this cause of action. It is impossible to say which system is better but it is clear that adultery is one of the most common reasons for a divorce no matter whether “fault” is at issue or not.

If you or someone you know has questions about divorce or other aspects of family law such as spousal support, child support, or child custody and visitation, please contact Sagaria Law. Our team of family law attorneys can answer any such questions you may have and assist you through the process. We represent clients from Santa Clara County, Alameda County, Monterey County, San Mateo County, and surrounding areas. Contact our office today to schedule your free consultation to speak with one of our attorneys.

San Jose Divorce Attorney Discusses the Change of Circumstances Requirement Necessary to Obtain a Modification of a Spousal Support Order

The change of circumstances necessary to obtain a modification of a spousal support order are the same as those the Court considers in making the initial long-term spousal support order at the time of the judgment under California Family Code Section 4320. They include, but are not limited to, the extent to which each party’s earning capacity will maintain the standard of living established during the marriage, the extent to which the supported party contributed to the supporting party’s attainment of an education, training, a career position, or a license, the supporting party’s ability to pay, and each party’s needs based on the standard of living established during the marriage. It is important to note that even when a showing of changed circumstances is made, it does not necessarily mean a modification of spousal support will be ordered by the Court. A careful consideration of the factors set forth in California Family Code Section 4320 is necessary, especially the reasonable needs and financial abilities of the parties.

Like other aspects of spousal support, the change of circumstances requirement is subject to agreement of the parties. Thus, if the parties agree to modify spousal support, no showing of changed circumstances is necessary. The parties may also agree, as part of the spousal support provision, that specified occurrences will or will not constitute the required change of circumstances to allow for subsequent modifications of that provision. However, the required change of circumstances cannot be an event that was specified by a previous court order. The supported party’s cohabitation with a person of the opposite sex is a changed circumstance in which a rebuttable presumption arises. As such, the supported party has the burden to show that despite the relationship, his or her need for support has not diminished. The requisite cohabitation must be a sexual relationship, a romantic involvement, or at least a homemaker-companion relationship.

If you or someone you know has questions about spousal support or other aspects of family law such as the divorce process, child support, or child custody and visitation, please contact Sagaria Law. Our team of family law attorneys can answer any such questions you may have and assist you through the process. We represent clients from Santa Clara County, Alameda County, Monterey County, San Mateo County, and surrounding areas. Contact our office today to schedule your free consultation to speak with one of our attorneys.

San Jose Family Law Attorney Discusses Pamela Anderson’s Request for an Annulment Against Rick Salomon.

Former “Baywatch” star, Pamela Anderson, has filed court documents seeking to have her third marriage to Rick Salomon annulled on the grounds of fraud. The two were married on October 6, 2007 at the Mirage Hotel in Law Vegas, where Anderson had been performing alongside magician Hans Klok. Salomon is a professional poker player, best known for making a sex videotape with then-girlfriend Paris Hilton and was previously married to actress, Shannen Doherty. During an earlier appearance on “The Ellen Degeneres Show,” Anderson described how she had fallen in love with Salomon after they worked out a deal over a $250,000.00 gambling debt she had amassed. Specifically, Anderson stated she “paid off a poker debt with sexual favors” and fell in love.

News of problems in the union surfaced in December of last year when Anderson first filed a petition for dissolution of marriage, citing “irreconcilable differences” as the reason behind the split. However, just as quickly as the news happened, Anderson ended the divorce speculation by claiming the two were “working things out,” in a posting on her website. In her court papers for the annulment, Anderson requested that a retired judge handle the annulment proceedings; a common practice in celebrity split-ups as it keeps matters out of the court. Rumors are circling that Anderson may be pregnant with Salomon’s child. This is the third marriage for both parties; Anderson having been married to Motley Crue drummer Tommy Lee, with whom she has two children, and singer Kid Rock.

If you or someone you know has questions about spousal support or other aspects of family law such as the divorce process, child support, or child custody and visitation, please contact Sagaria Law. Our team of family law attorneys can answer any such questions you may have and assist you through the process. We represent clients from Santa Clara County, Alameda County, Monterey County, San Mateo County, and surrounding areas. Contact our office today to schedule your free consultation to speak with one of our attorneys.

San Jose Child Support Attorney Discusses the Duration of the Statutory Child Support Duty

Typically, the statutory duty to support a minor child terminates when the child reaches age 18. However, parents can agree to pay for the support of an adult child or for the continuation of child support after a child reaches age 18, subject to approval by the court. In the case of a “needy, incapacitated adult child,” both parents have an equal responsibility to support a child of whatever age who is unable to earn a living and is without sufficient means. This duty is joint and several and thus continues despite the other parent’s death.

For certain adult high school students, the statutory support obligation is extended. As to any unmarried 18-year old child who is a full-time high school student and not self-supporting, the parents’ statutory support duty continues until the child completes the 12th grade or reaches age 19, whichever occurs first. The only requirement for triggering this child support obligation is full-time high school attendance. The supported child is not required to demonstrate a good faith effort to graduate as soon as possible nor is the supported child required to participate only in those classes that push him or her towards graduation at the earliest possible date. It is also not necessary that the over-18 high school student physically live with the custodial parent and he or she need not provide monthly proof of his or her conditions for extended support including attendance at high school, not self-supporting, etc. This is because any risk that a child might abuse the support scheme by extending his or her high school education solely to continue receiving support is eliminated by the absolute support cut-off at age 19 as specified by statute.

If you or someone you know has questions about child support or other aspects of family law such as the divorce process, spousal support, or child custody and visitation, please contact Sagaria Law. Our team of family law attorneys can answer any such questions you may have and assist you through the process. We represent clients from Santa Clara County, Alameda County, Monterey County, San Mateo County, and surrounding areas. Contact our office today to schedule your free consultation to speak with one of our attorneys.

San Jose Family Law Attorney Discusses Child Support

Until recently, the state of Minnesota did not consider the incomes of both parents when it came to determining child support. Instead, the courts simply looked at the time the non-custodial parent spent with the child and that parent’s income. But thanks to new legislation, Minnesota’s child support laws will more closely resemble those of the rest of the country, where both parents’ incomes are taken into consideration.

Here in California, the courts consider both parents’ income, as well as the timeshare in determining child support. Our courts use a computer program to calculate child support. This program allows the court to input information about each parent’s income, including salary and wages, other taxable and nontaxable income, as well as expenses that parent may have. Expenses that have relevance to child support include mortgage payments, health insurance payments, and child support for children from other relationships. Other pertinent information the program uses are the number of children being supported, the time spent with each parent by those children, and the tax filing status of each parent.

The resulting calculation is called a guideline calculation and from the court’s perspective, it is adequate to meet the needs of the children. The parties can agree to a higher amount, if they so desire, or they can agree to a lower amount, which requires the court’s approval. Child support is also sometimes adjusted by the court to reflect unusual child care expenses or travel expenses for visitation. This type of adjustment typically requires a hearing before a judge.

Regardless of your situation, if you are dealing with child support, you may want to consult an attorney. Our experienced family law attorneys can assist you with your child support order, whether it’s getting one, or modifying one. If you are having trouble enforcing an order, we can assist you. We have offices in three Bay Area locations (Fremont, San Jose and Monterey), and offer a free thirty minute consultation, either in person or over the phone. California law requires parents to support their children, and our attorneys have the knowledge and experience to handle your child support case. Call our office today to schedule your free consultation.

San Jose Family Lawyer Talk about Reasonable Visitation

When parties divorce with children involved, one of the biggest problems is the visitation schedule of the children. Ideally, the court wants both parents to spend equal time with the children. However, between school and work, the parents rarely can find an equal time share schedule. In some cases, when parents are on good terms, the parents may agree to a “reasonable visitation” schedule and not have any set days or exchange times.

Under a reasonable visitation schedule, the parents are basically agreeing that they will communicate with each other regarding schedules and try to ensure that each parent gets to spend quality time with the children. A reasonable visitation schedule would ensure that each parent sees the children frequently and with solid quality time. For example, each parent will get to see the children for a whole weekend and alternating holidays. Another example of a reasonable visitation plan is the right of first refusal, where the other parent has the option to care for the children if the first parent has to go away on a trip before a baby sitter is called.

However, there is no set standard as to what is a reasonable visitation plan. They will vary between each set of parents and each set of situations. Instead, it is easier to spot an “unreasonable visitation” plan. The following example was actually offered as a reasonable visitation. (Names and minute details have been changed to protect the innocent.)

Father may care for child on the second weekend of each month from Friday 7:00 P.M. and Sunday 7:00 P.M. Exchanges of the child will be at a café where a third a party will meet the father with the child. The third party may request a password from father at the time of drop off and the father may request the same at the time of pickup. The password is “lightening.” If father is more than 15 minutes late to receive the child, then visitation is cancelled. If father is more than 15 minutes late to return the child then the police will be called and father forfeits his visitations forever. Father is to say his good byes to the child prior to bringing the child to the café. Father is to give the child to the third party and walk away. Father is not to hinder the third party’s interaction with the child.

The actual offer continued on with even more specific restrictions down to the type of snacks and blankets to use with the child but were left out in case the reader believed this offer was too ludicrous to be real. However, this offer was actually made as a good faith attempt for reasonable visitation. Unless this father was a serial felon, this is not reasonable visitation. This example is extreme but it is a good example of when reasonable visitation is not going to be possible.

If you are having problems coming up with a visitation plan, please give Sagaria Law a call to schedule a consultation with one of their attorneys