Unfortunately, the typical divorce proceeding does not smoothly or quickly conclude. It can take months to negotiate the terms of your divorce, and even longer for the paperwork to make it through court. In most cases, the untimely manner of the law doesn’t well coincide with practical determinations about what to do with your children…. Continue reading →
Posts Tagged ‘attorney’
How Does the Judge Determine Child Support?
While each state has its own guidelines for calculating child support, the biggest common determinant for all states in calculating child custody is related to each parent’s income. The federal Child Support Enforcement Act mandates that each state must come up with a formula for calculating child support, though some states allow the judges considerably… Continue reading →
Child Support and Health Care Costs
Child support in California is governed by Family Code sections 4050-4076. This section of California law dictates that child support uses the “income shares model,” meaning the full amount of money needed to support the child will be divided proportionally based on each parent’s income. While the California Child Support Guidelines may seem complicated, the… Continue reading →
Calculating Child Support in California
When parents divorce, the parent who primarily cares for the child will receive payments from the other parent. The law assumes the custodial parent is already spending money directly on the child. Child support payments are paid until the child is 18, but may continue if the child is 19 years old and is still… Continue reading →
How can I modify child support and child custody/visitation?
Child support modification can be done at any time. A parent may ask to raise or lower the amount of child support paid. If the judge ordered a child support that is below the guideline amount, then the amount of child support can be changed at any time and you do not have to show… Continue reading →
I have 50/50 custody of my son. His father does not want to release my son on the scheduled date. Can I file for contempt?
When a parent disrupts the custody rights of the other parent, it is called custodial interference. Custodial interference occurs when a parent refuses to release the child to the other parent, takes the child from the other parent, or otherwise intentionally interferes with the other parents rightful physical custody. Custodial interference can also occur when… Continue reading →
Prenuptial Agreement Contract
Are you planning a wedding? Do you have assets that you would like to protect just in case your marriage does not last? Do you have questions about whether a prenuptial agreement is right for you? A prenuptial agreement is a contract between two unmarried people that decide the terms of a divorce before they… Continue reading →
Can I claim my child as a dependent?
According to the Federal Tax Code Section 152(e), “A custodial parent is generally entitled to the personal exemption for a qualifying child when the child: · is under the age of 19 at the end of the tax year · is under the age of 24 and a full-time student · is your biological, adopted,… Continue reading →
How long do I have to Appeal a Divorce Judgement?
A divorce decree, or the final judgement in a divorce proceeding, states important terms for issues such as property distribution, child custody, child support, and alimony payments. The right to appeal your judgment is governed entirely by statute in California. If you file an appeal, jurisdiction is turned over to the appellate court, except for… Continue reading →
How can I Receive Spousal Support?
In order to receive spousal support, you must be getting a divorce or living separate and apart. If there is no divorce or separation, you cannot be ordered to pay, nor can you receive, spousal support. For couples facing divorce, the amount of spousal support you will receive or will need to provide is a… Continue reading →
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