Articles Posted in Child Support

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Sacramento Family Law Attorney Discusses Affect of Filing a Family Law Case on Travel with Children

Now that we are in the midst of summer and vacation plans are being made – visits to grandma’s house, trips to Disneyland, etc., many people who are in the early stages of a family law case should be aware of what their limitations may be and plan their vacations accordingly.

Often times when someone opens a family case – either a dissolution, custody and visitation or paternity case, they are usually unaware of what exactly the repercussions are of filing. In California, when a family law case is opened, a Summons is issued and a standard family law restraining order is issued. This is also referred to as the Automatic Temporary Restraining Order (ATRO). The Petitioner, party who filed the case, is automatically subject to the ATRO upon filing the case, and the Respondent is subject to the ATRO upon being personally served with the Summons.

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Fremont Divorce Attorney Discusses an Exception to the Rule

People magazine reports that the Countess LuAnn de Lesseps divorce is now complete. The process was relatively expedient, given the high amount of assets and issues involved. The Count and Countess dissolved their union after 16 years of marriage and producing two children, Victoria, age 14 and Noel, age 12. Although the full details have not been disclosed, it appears that the Countess has received a very generous spousal and child support award, primary custody of the two minor children, and a $7.5 million estate in the Hamptons. She even gets to keep her title! This relatively simple resolution of their marital issues is certainly not the norm, especially in the current economic climate.

In California, couples that have decided to end their marriage are currently often faced with the consequences of short-selling or allowing their homes to go into foreclosure because neither spouse can afford to maintain the mortgage payment on one income. The inability to sell the family home for a profit creates a severe hardship for parents hoping to use equity from their home to start over. This often leads to increased demands for spousal and child support, which creates additional acrimony in an already difficult situation.

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San Jose Divorce Attorney Discusses How the Recession Changes Face of Divorce in California

As the economic downturn continues to damage housing values, force job losses and cuts in services, one thing that has not changed is that couples are still divorcing, child support is still being sought, and property is still being divided. What has changed is how those divorces are proceeding, in terms of financial awards and assets.

One of the largest assets in any divorce is typically the house. That asset used to have, particularly in California, equity which could be used to either buy the other party out or sold and divided equally between the parties. Frequently, we are now seeing that the houses not only have no equity, but that the parties owe substantially more than the house is worth, and often, the parties are behind on payments, or will be when the two-income household is no longer in existence. This poses a dilemma for family courts, parties and attorneys – how do we get divide a negative asset? Every couple has to decide for themselves, but options include a short sale, returning the property to the bank, or allowing the party who can make the mortgage to assume responsibility for the property.

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San Jose Family Law Attorney Discusses Children and Divorce

Children have it hardest in a divorce. The kids think it’s their fault or they are confused as to why their parents are angry and leaving each other. Therefore it is important to keep them isolated from the negativity that inevitably surrounds a divorce. Dr. Allan Schwartz gives us 5 mistakes that parents should avoid when dealing with their divorce below:

1. Do not use your child as a messenger between you and your ex spouse.

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Sacramento Family Law Attorney Discusses Child Support for 21 Children

Tennessee man has 21 children to support, and not from the same woman. The children ranger in age from 11 years to 11 months. How you ask, can a man possibly pay child support for 21 children? Apparently in, Tennessee, he can’t. Some of the mothers only receive about $2 in child support from him every month. $2! Clearly these mothers end up requiring state assistance in many cases with such a miniscule amount of child support being paid.

Most states calculate child support on the basis of income and timeshare. It no longer depends exclusively on income or requires one parent to pay a certain percentage regardless of timeshare. And, most states, Tennessee included, adjust child support based on the number of children to support. And all states require child support where the custodial parent is receiving public assistance.

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San Jose Divorce Lawyer Discusses Divorce and Custody

When getting a divorce, one of the most difficult questions is whether a parent wants joint custody or sole legal and physical custody of the child. Deciding on if joint custody is right for you depends a great deal on the ability of you and your spouse to get along. If you are to share decision-making, you must be able to sit down with your former spouse in a non-combative atmosphere and make decisions together. Shared values and parenting styles make this custody style more viable.

Here’s what psychologists have found after long-term studies of families in joint-custody arrangements and sole-custody arrangements in an article from Pamela Weintraub and Terry Hillman:

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San Jose Divorce Lawyer Discusses Actor/Singer Tyrese’s Divorce Woes Mount

Tyrese has been in the news a lot lately. The parties were married a mere 10 months, before filing for divorce. The parties had signed a pre-nuptial agreement limiting the terms of support and property division. Apparently, the wife recently filed seeking a modification not only of support, but also of custody and visitation, and attorney fees.

Tyrese has an annual income that undoubtedly puts him in the high earner bracket. California law requires both parents to support their children. Child support is calculated using a formula that considers the incomes of both parties, as well as the timeshare. Typically, this formula results in a number which becomes the child support amount. Sometimes, courts will adjust the number either up or down to reflect additional expenses, or for some other reason. The Court has to consider the lifestyle of a high earning parent, and order support in an amount to enable that child to share in his or her parent’s lifestyle. Recent reports indicate support in the range of $6,000 – $7,000/month was ordered.

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Fremont Divorce Attorney Discusses Securing Medical, Life, and Homeowners Insurance

Securing medical, life, and homeowners insurance for yourself and your children must be considered during pre-divorce settlement negotiations with your soon-to-be ex. Insurance issues may be complicated and largely the purview of lawyers but you need to be actively involved to protect yourself and anyone who depends upon you. You should know that your life insurance policy could still cover your spouse even if you two are divorced and no longer a part of each other’s lives. You need to negotiate who will be paying the premiums. If husband is to pay, he can stop paying or cash in the policy and leave you with nothing unless life insurance is a negotiated part of the divorce settlement.

To protect the children, make sure that your divorce settlement states that the children are to be kept as the beneficiary and make sure that your spouse shows proof of it each year. If your spouse allows the policy to lapse, your ex may not have to reinstate the policy unless ordered by the court. Get it in writing before the divorce is finalized. If you would like only your children to benefit financially from your life insurance policy, you will want to open a trust fund and then name the trust as the beneficiary and name a trustee to manage the proceeds. Many banks offer this service. This way your ex will never get parental control over any of the money left to your children should you die before they are of legal age.

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San Jose Divorce Lawyer Discusses Headlines Scream Mel Gibson Getting Divorce

The internet and entertainment news sources are abuzz with the recently filing for divorce by Mel Gibson and his wife of 28 years, Robyn. Gibson, who is known not only for his movies, but for his strongly held extremely conservative Catholic beliefs, seems an unlikely candidate for dissolution, but the petition filed by Gibon’s wife cites irreconcilable differences. The long-term marriage was not preceded by a pre-nuptial agreement, so under California law all property acquired during marriage (except as a result of a gift, bequest or devise) is community property. That means that the millions of dollars earned from movies during the last 28 years, and the assets acquired with those funds are community property and subject to division in the dissolution.

Among the issues likely to be raised in the dissolution are distribution and division of property, spousal support, and attorney fees. Six of the parties’ seven children are past the age of majority, but since one remains a minor, the Gibsons will likely be addressing child custody, visitation and support issues in addition to those identified above. Rumors are circulating that the reason for the split is Mel’s infidelity with a Russian singer recently signed by his record label.

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San Jose Divorce Attorney Discusses Poor Economy Affects Child Support

As unemployment rises, more and more people are falling behind on their child support. Child support orders, at least in California, do not automatically reset to 0 when someone loses their job. The payor needs to seek a modification of support in order to avoid falling behind on payments.

A payor who does not seek modification is not only accumulating arrears, but could potentially be in contempt of court for non-payment. Arrears accrue interest at the legal rate of 10%, and the more you owe, the worse the interest. Additionally, the local child support agency or the other parent could seek to have you held in contempt, a potentially criminal proceeding that can result in jail time for non-payment.