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 →
Posts Tagged ‘family court’
What constitutes a change of circumstance?
Do you need to change your custody arrangement? There are a number of reasons that add up to a change that is substantial enough to warrant a change in circumstances. In order to request a modification, it must be a reason that was not known at the time of the original proceedings. For example, are… Continue reading →
A woman’s rights during separation
Are you a woman who is separated from her spouse? Have you or your spouse filed for divorce yet? As a woman heading toward a divorce, there are certain things you should know. If you choose to have a formal separation, you must go to court and ask for certain orders to protect your rights…. 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 →
Divorce and a restraining order
A restraining order can be an important tool in an individual’s domestic violence safety plan. However, when it comes to divorce, it can be used as a strategic weapon. If a restraining order is abused, it has the potential to hurt a parent’s chances of child custody and/or visitation. A restraining order is a court-ordered… Continue reading →
Separation versus Legal Separation
No marriage begins with the idea of ending in divorce or a legal separation, but many do. What is the difference between separation and legal separation? Being ‘separated’ is when a couple fights and one of the spouses moves out of the home for a while – until things cool down. A ‘legal separation’ is… Continue reading →
Modifications
Modification issues for child support, visitation and spousal support often arise after the couple is divorced. When the custodial parent asks for a child support modification, he or she must show that the child’s needs cannot be adequately met based on the support currently being received. If the non-custodial parent is seeking a downward modification,… Continue reading →
Divorce waiting period
Are you aware that there is a divorce waiting period when filing for divorce? This is to make sure that the couple is absolutely certain about ending their marriage. California law requires a six-month waiting period that begins the day of filing. After six months plus one day after the filing date, the divorce papers… Continue reading →
What does your child want?
Are you going through a divorce? Do you have a child who is old enough to express his or her views on which parent he or she wants to live with? In determining the best interest of the child, the court may consider the child’s preference. According to Family Code Section 3042(a), “If a child… Continue reading →
What is an appeal?
Do you think you got the bad end of the stick regarding the final judgment in your divorce? Are you convinced that the family court did not understand the facts surrounding your situation? If you believe that the family court made an error in a decision, you don’t have to live with it; you can… Continue reading →
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