Those that pay child support often complain that they are paying too much. Those that receive the child support complain they get too little. Those that pay (the payer) want to know exactly how their money is being spent – what does it go towards? Those that receive (the payee) state that the money pays… Continue reading →
Archive for the ‘Family Law’ Category
Can I get an annulment?
An annulment legally ends a marriage; it is as though the marriage never occurred. In order to file for an annulment, certain criteria must be met. These include: · Age – if one of the parties is not of legal age of consent · Mental incapacity – if a person is under the influence of… Continue reading →
What is a common law marriage?
A common law marriage is created by cohabitation between two people for a certain period of time without an official ceremony. The couple consider themselves married. Most states do not recognize common law marriage and that includes California. However, California courts do recognize palimony. If the couple has lived together for several years and then… Continue reading →
What are child support arrearages?
Child support arrearages are an accumulation of the past child support payments that were not paid by the non-custodial parent after being ordered to do so by the court. When a parent does not make payments on time, there are consequences to pay, which include: Jail Revocation of driver’s license Suspension of a professional license… Continue reading →
Child custody and relocation
There are few post-divorce issues that are as contentious, stressful and emotional as those involving a custodial parent’s desire to relocate with his or her children. Why would a custodial parent want to relocate? Perhaps it is because of a job offer or because he or she just wants to start a new life. What… Continue reading →
Same-sex couples
A domestic partnership in California is a legal relationship available to same-sex couples. In addition, it is available to certain opposite-sex couples in which one person is at least 62 years old. The couple is given the same rights, benefits, responsibilities and protection as married spouses. According to California Family Code Section 297 a domestic… Continue reading →
Ending spousal support
When you are ordered to pay spousal support, it feels like you’ve been doing it forever – it will never end. Don’t get alarmed; California law does not favor indefinite spousal support. The law allows you to revisit your spousal support order. You can take action to reduce or eliminate your spousal support obligation. If… Continue reading →
Division of property during divorce
One of the most challenging and stressful aspects of the divorce process is property division. At the end of a marriage the couple must divide property acquired during their marriage. This process can be simple or it can be complex. In California, all property acquired during the marriage becomes community property and must be divided… Continue reading →
Paying child support
When a marriage ends, parents still have a legal obligation to ensure their children have the financial means to carry on the same standard of living they had before. A question that many ask is, “Will I have to pay child support if I have custody of my child at least half of the time?”… Continue reading →
Need help with establishing paternity?
A paternity action takes place when a child is born to parents who are not married and there is doubt who the father is. Are you trying to determine if you are the father to a recently born child? When a child is born to unmarried parents, in most cases, the father has no rights… Continue reading →
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