Articles Posted in Child Support

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San Jose Family Law Attorney comments on the interest and surcharges on unpaid child support driving some parents to bankruptcy and facing jail time.

To cut down on the amount of unpaid child support, many states have enacted provisions that allow for interest and surcharges to be added to delinquent child support accounts. But given the state of the economy and the inability of many to find work, some have lost hope that they will ever be able to get caught up on their child support payments. The threat of jail time is almost like adding insult to injury for those who are facing that prospect.

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San Jose Bankruptcy Attorney  comments on the bankruptcy and divorce of the gunman who killed a San Diego casino employee.

Donnell Roberts, who had recently been fired by the Barona Gaming Commission, barged into the Barona Resort and Casino offices and shot and killed Raymundo Castillas, a manager at the facility.  Roberts allegedly told several secretaries and other employees to leave before going into Castillas’ office and shooting him before turning his gun on himself.

Roberts had filed for bankruptcy in 2003 citing difficulty paying his child support obligations to the six women with whom he had fathered children.  He was granted his bankruptcy discharge in 2008.  His temper and financial issues led to his divorce in 2006 from his wife, Maria Small, with whom Roberts had a 12-year old child.

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San Jose Bankruptcy Attorney   comments on how local government budget cuts are severely impacting child support collection efforts.

This recession has hit the public sector especially hard, as state and local governments have frozen payrolls, or in many instances, reduced the number of employees.  This reduction has hit hard in the child support enforcement efforts, on both the child support collection and prosecution sides.

Linda Jordan is owed more than $40,000 in child support by her ex-husband since her divorce was finalized in 2006.  The $73 per week in child support he was ordered to pay quickly fell into arrears.  In 2007 the judge raised the support to $236 per week and an additional $14 per week to allow him to get caught up on his child support, but that plan quickly fell through when he fell behind again.

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San Jose Bankruptcy Attorney  comments on the interest and surcharges on unpaid child support driving some parents to bankruptcy and facing jail time.

To cut down on the amount of unpaid child support, many states have enacted provisions that allow for interest and surcharges to be added to delinquent child support accounts.  But given the state of the economy and the inability of many to find work, some have lost hope that they will ever be able to get caught up on their child support payments.  The threat of jail time is almost like adding insult to injury for those who are facing that prospect.

In 1996 Michigan, like many other states including California, added a provision to charge interest on delinquent child support accounts.  But the law did not give judges discretion in applying the penalty to accounts.  The law made no distinction between someone who was a deadbeat and refusing to pay their child support and someone who was unable to pay because of job loss or injury.

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San Jose Bankruptcy Attorney  comments on a lawsuit filed by a West Virginia woman against the state over unpaid child support following her ex-husband’s bankruptcy.

A West Virginia woman is suing the state Department of Health and Human Resources because she alleges that it did not file her child support claim in a timely manner following her ex-husband’s bankruptcy filing.   The suit asks for damages of more than $15,000 in lost and unpaid child support.

The woman, Carmel Johnson, and her ex-husband, Lon Robert Davis, divorced nearly 20 years ago.  However, he was ordered to pay child support from August 19, 1997 to August 19, 2007.  In 2006, Davis filed for bankruptcy protection in West Virginia.  On his bankruptcy petition, Johnson and the Bureau for Child Support Enforcement were named as creditors.  Under the current bankruptcy laws, domestic support obligations such as child support and alimony are not dischargeable in bankruptcy.

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Fremont Family Law Attorney offers some advice to pregnant women who have been left by the baby’s father.

It’s a sad fact of life that many unmarried women, after they find out they are pregnant, find themselves alone when the father of their child leaves. There are a number of legal issues that need to be sorted through in this situation including confirming paternity of the child, securing child support from the baby’s father and working out a child custody arrangement that is in the best interests of the child.

A family law attorney can assist you in each of these areas. The first thing is to determine the paternity of the child. When the baby is born, both parents can sign the Declaration of Paternity. If the father contests the paternity, a paternity test can be performed to establish paternity. Once paternity is established, your family law attorney can help you get an order of child support from the father, and the California Department of Child Support Services can assist you with child support collection and enforcement.

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Sacramento Divorce Lawyer Discusses How Even Celebrities Gets the Blues
Even celebrities with very unusual behavior gets the blues. Jackass star wife of Johnny Knoxville filed for divorce two years ago. They were officially divorced in March, 2008 in a bifurcated proceeding, reserving all financial matters for resolution at a later date. Just last week, Knoxville (real name: Philip John Clapp) settled with his ex-wife Melanie Clapp, agreeing to pay $6,000 monthly in child support for their 13-year-old daughter, Madison.The former couple split in July 2006 after 11 years of marriage. According to reports, the financial statement appears to be a fairly even split of marital property. Melanie was awarded half of their bank accounts and half of Knoxville’s residuals from the Jackass franchise and Dukes of Hazzard film, pursuant to the terms of their agreement. Knoxville retained his share of several production companies. The parties will share joint custody of Madison, their daughter.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

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San Jose Divorce Attorney Discusses Divorce and Separation

Even though people are very emotionally taken under during a divorce, separation can also lead to a great deal of physical harm as well. It makes sense since when your psychology and emotions are affected, it will show in you physically as well. CTV news has an article regarding the effects of divorce on a person’s health. Researchers found that women in unhappy marriages are more likely to experience injurious effects to their health than men. Although both genders are likely to suffer from general depression resulting from a strained marriage, women more frequently suffer from signs of “metabolic syndrome”: including high blood pressure, obesity and other risk factors of heart disease, stroke and diabetes. In fact, men for the most part did not face an increased risk of metabolic syndrome at all. Involving 276 couples aged 40 to 70, the study entailed couples filling out several questionnaires, including three to examine positive aspects of marriage quality; three to measure negative aspects of marital quality involving arguments and feelings of hostility; and four to determine symptoms of mild depression.

It’s best to keep a cool head and realize that divorce happens to many people, but it’s all in the way you deal with it. The way you deal with things can mean health and happiness in looking forward to a new life, or stress that can hur you physically down the line.

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Redwood City Divorce Attorney Discusses Social Networking and Divorce: Yays and Nays

Now that everyone and their dog (or their spouse) is on Facebook, MySpace and the various other social networking sites, individuals can easily keep track of friends, family and even ex-spouses. Its either the best thing to happen for divorcing families or the worst.

Couple of things to watch for on these sites if you are getting divorced:

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San Jose Divorce Lawyer Discusses West Wing Actor is Divorcing Malcolm in the Middle Wife

Bradley Whitford, known primarily for his role on The West Wing, is divorcing his wife of sixteen years, Jane Kaczmarek. The parties have three children together, and have professed to the media a desire for privacy so they can focus on their children.

The longtime couple lives in Los Angeles, and filed for dissolution in Los Angeles County. This means their dissolution will be controlled by California community property law. Possible issues include custody and visitation, support (child and spousal support) and property division.