Category: Child Support

Divorce Law LA blog posts about child support.

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Child Support

A Few Aspects of Child Support

Child support is an amount of money that a court requires a parent, or both parents, to pay each month in order to support a child’s, or children’s living expenses. Below will help answer some questions you might have regarding falling behind on child support, or when child support legally completes.

Falling Behind

If you are not able to make your child support payments and you fall behind, you are required to pay interest on the balance due in addition to the amount you owe. A judge is not able to remove this charge, as interest charges are added per the law. Interest charges are added by law, and the judge cannot stop them. Interest rates are as follows: 10 percent per year for child support due on or after January 1, 1983; or 7 percent per year for child support due before January 1, 1983.

Past-Due Child Support

If you owe past-due child support/arrears, your court order/wage assignment/garnishment, will include the full amount of owed monthly child support. This amount over your monthly child support is called a “liquidation amount. It goes to paying off the past-due amount/arrears. This amount goes to paying off your arrears. Even if you are paying this off in installments, interest will still be added to your balance.

Consequences

Not paying child support means serious consequences.  You can be found to be “in contempt of court” if it is discovered you have the means to pay and are not. This can result in jail time.

Ending Child Support

Typically, court-ordered child support will end when a child turns 18 years old, or if he or she graduates from high school. If an 18-year-old child still lives with parents and is a full-time high school student the support will end when he or she turns 19 or graduates – whichever comes first. Child support also terminates once a child: Marries or registers a domestic partnership, joins the military, is emancipated,  or passes away. If both parents agree, they can decide to no longer support a child.

For advice on divorce and child support, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: California Courts, Child Support, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Divorce Family Law Spousal Support

Duchovny and Leoni Divorce

When You Might Consider a Lawyer for Personal Injury Claims

David Duchovny and Tea Leoni look to be getting a divorce after 17 years of marriage. After months of being legally separated, Duchovny, 54, filed for divorce from estranged wife Leoni, 48, in June.

Irretrievable Breakdown

Divorce papers filed by the “Californication” actor cite an “irretrievable breakdown” as the cause of the split. An “irretrievable breakdown,” also known as “irreconcilable differences” means that in the view of the courts, the marriage is over, there’s no way it can be fixed, and the spouses are not interested in making it work. In most states an irretrievable breakdown means a spouse can get a “no-fault” divorce, meaning that any wrong doing by one spouse or the other spouse does not matter, and neither spouse is to blame for the failure of the marriage. If you and your spouse agree the marriage is irretrievably broken, you can both sign an affidavit, under oath, that states the marriage is broken and why it’s broken. A family law attorney will be able to advise you on your divorce rights, as laws vary from state to state.

Settlement Reached Independently

Allegedly, the couple worked out their own terms of the divorce settlement on their own, coming to their own agreements regarding spousal support and child support. The stars both currently reside in the New York City. Reportedly they will share joint legal custody of their daughter, Madelaine West, 15, and son Kyd Miller, 12. Leoni will have primary physical custody and Duchovny will pay $40,000 in spousal support, as well as $8,333 monthly in child support. Reportedly, he will also be responsible for all other expenses related to the children, including: summer camps, private schools, and colleges.

Past Troubles

Duchovny and Leoni wed in 1997. They split in 2008 while the former “X-Files” star underwent sex addiction treatment. They reconciled shortly after, but later separated a second time in 2011.

For advice on family law and all it’s aspects, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: People, David Duchovny and Téa Leoni Are Divorcing, August 9, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Support Divorce Family Law

Sherri Shepherd’s Child Support Woes

Allegations are flying that Sherri Shepherd of “The View,” no longer wants to mother a child that she and her estranged husband, Lamar Sally, are expecting via surrogate. The couple filed separately for divorce in early May. Allegedly, Shepherd wants no part in parenting the unborn child because she does not want to pay child support.

Allegations

According to reports, Lamar Sally will be filing legal documents to prevent Shepherd from withdrawing from the contract she signed with the surrogate when the couple was still together. Sally is the biological father. The egg was donated reportedly, through in-vitro fertilization. “Sherri doesn’t want anything to do with the child and refuses to pay any child support,” said a source. “She is not budging and is completely detached. She feels very just in her actions and claims the child is not hers.”

Estimated $10 Million

Shepherd’s estimated net value is $10 million. Sally reportedly earned $30,000 in 2010. That year Shepherd made approximately $1 million. It’s alleged that 90 percent of Sally’s $30,000 income came from unemployment benefits.

Claims of Fraud

Shepherd alleges Sally defrauded her when they were in the process of entering the surrogate agreement. Reportedly, Sally was already planning to file for divorce, but he wanted her to commit to paying child support prior to filing. Even more complicated is the fact that the two filed for divorce in two separate states. He filed in California, and she filed in New Jersey – a state that doesn’t typically recognize surrogacy agreements. This might just work in her favor.

According to Jeffrey Hoffer, a California-based divorce and family law attorney, “Whoever served his or her case first will win on which state court will hear the matter. But I am inclined to believe that despite the fact that she did not carry the child and the egg is not hers, that in California she will still be on the hook for child support because she signed a contract and the court will find the payment of support is in the child’s best interest.”  He added a case like this one is rare. “You do not get to make babies by contract or otherwise and then get to walk away from your obligations.”

But if the claims of fraud that Shepherd is alleging stand, and she can prove she was duped into signing the surrogate contract, then she might have a strong defense case.

For advice on family law and all it’s aspects including child support, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Fox News, Can Sherri Shepherd walk away from unborn surrogate child?, July 22, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Divorce Family Law

An Overview of Family Law

Because the title of “family law” covers a broad range of topics relating to marriage and children, it can be confusing as to what exactly falls under the definition of “family law.” Here’s a brief overview of what falls under the “family law” umbrella.

What’s Covered by Family Law?

Family law includes divorces, annulments, child custody and visitation rights, spousal support, alimony, and child support payments. But it also covers adoptions, matters of guardianship, state child protection, domestic violence, and restraining orders. A family law attorney will be able to advise you on any questions you might have surrounding these topics, but the following has a brief overview of specific topics

Divorce and Annulment

Both a “divorce” and an “annulment” will dissolve your marriage. An annulment specifically will, through the courts, be treated as if it never happened. Certain grounds must be met for dissolution of marriage to be ruled as an “annulment.” Because of this, most dissolutions are done as divorces.

Child Related Issues

The court deciding on child custody and visitation rights always decide on the bases of what’s in the best interest of the child. A family law attorney will be able to help you build your case and will help defend you. With this you might be asked to pay, or be paid child support. This is an amount of money, that has been decided by the courts, that a parent must pay to the spouse who is granted primary custody. This money is meant to go towards food and clothing, medical care, and education for the child.

Spousal Support and Alimony

Spousal support, often called “alimony,” are regular payments made from one spouse to another during separation or after a divorce is finalized. The goal is to eventually help the spouse achieve financial independence wherever possible.

If you feel you have a legal matter that falls under the definition of family law, you’ll want to contact a family law attorney that can help you figure out the exact next steps to take.

 

For advice on family law and all it’s aspects, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Legal Match, What is Family Law? Typical Family Law Questions,  June 11, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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