California Family Law Blog

San Jose Divorce Attorney Discusses Imputation of Income for Child Support

Family Code states that the court may, in its discretion and consistent with the child’s best interests, consider a parent’s earning capacity instead of his or her actual income when making a guideline support order. Thus, in a situation where the supporting parent capable of working quits his/her job and refuses to work; or where the supporting parent has the ability and opportunity to earn more than he/she is earning but is unwilling to do so, the Court may impute that parent with income. Determination of the amount to impute is based on an objectively reasonable work regiment, as it would exist at the time the support determination is made. Therefore, the Court would not order an individual to work 100 hours per week, even if that person that the ability and opportunity to work that much.

In appropriate cases, the Court may also consider the parent’s ability to generate income from income producing assets when making a guideline support order. For example, if the parent was underutilizing investment assets, the Court may impute a higher rate of return for those underutilized assets.

If you or someone you know has a question about child support, or any other family law issue, the team of attorney’s at Sagaria Law may be able to assist you with your case. Sagaria Law handles all aspect of family law including divorce, custody, and support issues; and represents clients throughout the Bay Area. Contact our office today to schedule a free consultation with one of our attorneys today.

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 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 Attorney Discusses Hilary Clinton’s Brother the Deadbeat Dad

Hilary Rodham Clinton’s younger brother Anthony Rodham is a deadbeat dad who owes tens of thousands of dollars in child support to his former wife, Nicole Boxer. Unfortunately from Mrs. Clinton that would be the daughter of Senator Barbara Boxer. Mr. Rodham now owes his ex-wife more than $158,000.00. Mr. Rodham and Ms. Boxer were married in the White House Rose Garden in 1994. Their son Zachary was born two years later. They were divorced in 2000.

Soon after the split the former couple began arguing over child support. In 2002 Ms. Boxer charged that her ex had not paid anything in six months. Mr. Rodham now lives in a Washington town house with his new wife who he married in 2005. A former insurance salesman, prison guard and private eye, Rodham has been a headache for the former and possibly future first family before.

Our team of San Jose Family Law Attorneys can assist you with enforcement of child support or with negotiations for payment of child support arrears. We also have attorneys in Alameda and Monterey Counties who can assist with all aspects of your family law cases.

San Jose Family Lawyer

Goran Visnjic had agreed to pay $1,800.00 per month in child support to a Croatian woman who filed a suit against him in Croatian court. Visnjic originally contested her claim that he was the father of the child, who was conceived in 2006. However, Visnjic had been sending $1,000.00 per month checks to her before the suit was filed, but an ugly public smear campaign ensued when Visnjic stopped sending the checks. Ultimately, Visnjic abandoned his plans of contesting paternity and instead accepted her as his daughter. Visnjic will also have once a month visitation with the child.

$1,800 may seem like a lot of money, but Visnjic should be grateful he does not live in California. Attorneys in our office think that he’s getting a pretty good deal. Although $1,800 a month may be a large sum in Croatia (possibly a good monthly income), Visnjic is a high earner, and his child would be entitled to live in a lifestyle similar to the one he maintains. California uses a formula to determine child support, based on the timeshare between the parties and their respective incomes.

If you are trying to get a child support order, or maybe you want to have one modified or paid by wage assignment, our offices offer a free consultation to help you decide the best course of action. Child support, paternity and visitation are only three of the many issues our experienced family law attorneys can help you with. Whether you live in Monterey, Fremont, or somewhere else in the Bay Area, our firm has an attorney available to assist you. We represent clients in Monterey, Alameda, Santa Clara, San Mateo and surrounding counties. We handle all types of family law cases, including divorce, paternity, child and spousal support. Call today to schedule your free consultation.

Title companies in California have helped recover hundreds of millions of dollars in delinquent child support payments. According to the Department of Child Support Services (DCSS), which is the primary source for the collection of child support liens filed against real property, title companies helped recover more than $49 million dollars in delinquent child support payments during the 2006-2007 fiscal year.

Earlier this year Governor Schwarzenegger signed into law Senate Bill 892 which help DCSS and local child support agencies automate the filing of real property liens against delinquent child support obligors. It is important to remember to pay child support obligations on time or they can turn into child support arrears which are then grounds for a child support real property lien. Such a lien becomes part of your property’s chain of title and could impact any requests to refinance the property and will be paid off when the property is sold. This is a very useful tool if you are owed back child support and have not been able to collect.

Our team of San Jose Family Law Attorneys can assist you with enforcement of child support or with negotiations for payment of child support arrears. We also have attorneys in Alameda and Monterey Counties who can assist with all aspects of your family law cases.

When a couple is filing for divorce, but the divorce decree has not been finalized yet, they can still file a joint tax return. Once the divorce goes through, an ex-spouse can file the return as a head of household, if he or she has paid for over half the maintenance of the house and has a dependent living at their home for over half the year.

When two parents are divorced, only one of them can claim the $3300 dependency exemption for each child on their tax returns for 2006. The parent claiming the dependency exemption is also allowed a $1,000-per-child tax credit for children younger than 17 as long as their income is not above a certain figure.

Usually, it is the person named as the custodial parent in the child custody portion of the divorce decree that is allowed to claim the child as a dependent. If the divorce decree does not name a custodial parent, then the parent with whom the child has lived with the longest throughout the year is the custodial parent.

Continue reading "Dependents, Divorce, and Taxes" »

In an effort to help more than 8,000 California children receive financial support from their parents, San Mateo County is launching a pilot program designed to obligate parents to financially support their children.

California Senate Bill 523, proposed by Senator Leland Yee, lets a judge order an unemployed parent to get a job when a child support order is issued. If a parent doesn’t follow the mandate, he or she can face contempt charges and end up in jail. If successful, the county-only program could become a model for the entire state of California.

Right now, California courts are not allowed to go after noncustodial parents who are delinquent with their payments unless 120 days have passed. During this time, interest is accruing on the debt and the kids are not receiving child support. 41% of cases usually become delinquent after four months, and six to nine months must pass before parents can be found in contempt.

The California Department of Child Support Services answers a number of Frequently Asked Questions regarding child support in the state of California, including the following:

Continue reading "Child Support Pilot Program In San Mateo County May Order Unemployed Moms And Dads To Get A Job Or Go To Jail" »

When filing for divorce, it is important to be aware of the tax rules regulating spousal support and child support:

Child Support
This is not included on a recipient’s tax return. It is also not deductible on the return of the ex-spouse paying child support.

Spousal Support
This must be reported on the recipient’s tax return as income. It is deductible against the payer’s gross income.

If an ex-spouse pays less than the alimony and child support amounts ordered under the divorce degree, the excess over the total child support required will be what is considered alimony.

Continue reading "Divorce, Spousal Support, Child Support, and Taxes" »

A man who gave his sperm to a woman when they were dating has agreed to pay limited child support. Michael Wilford and Christine Harris reached the settlement two years after she filed a lawsuit against him requesting child support for her twin daughters.

According to Harris, she and Wilford had been in a loving relationship when they had talked about having children and he agreed to donate his sperm so she could become pregnant through in-vitro fertilization. Wilford, however, claims that he and Harris were just dating at the time and that he donated his sperm to help her fulfill her dream to have children. He also says that he was duped into signing documents establishing paternity.

The Chicago businessman will help pay for the 3-year-old girls' "reasonable and necessary" living expenses, including medical bills and their anticipated college tuition.

In the state of California, if a man is established as a child’s legal parent, he must financially support the child. It is considered a crime to not pay child support in California.

Continue reading "Sperm Donor Agrees To Pay Child Support To Ex-Girlfriend" »

Pamela Bach, the former Baywatch star and ex-wife of actor David Hasselhoff is asking a California judge to increase her spousal and child support payments. She filed papers in court this month and is asking that her monthly spousal support be increased to $45,463. She also wants her monthly child support payments to be raised to $31,546. The couple have been divorced since July 2006.

In California, a judge calculates spousal support by taking into consideration the following:

· How long the couple has been married or been in a legal domestic partnership.
· The age and health of each spouse.
· How much income each can earn on their own.
· What the expenses of each spouse are.

Continue reading "In California, David Hasselhoff’s Ex-Wife Files For More Spousal and Child Support " »

Many people ask how do I calculate child support in my case. There is no boiler plate answer for this. Child support orders are normally what are known as "guideline orders." This means that based on your circumstances, the biggest three being, your income, your spouse / mother of your child's income and your timeshare with your child/children.

Continue reading "Child Support Calculator " »