Category: Child Support

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, Divorce, Prenuptial Agreement

Child Custody Child Support Child Visitation Family Law

How To Get Child Support After Judgment

Post author By Scott
Post date January 9, 2015

You’ve received a judgment that the other parent is supposed to make child support payments to you. What’s next?

Receiving Child Support Payments

After you have received a child support court order, the other parent is legally required to start making child support payments to you. The court order you receive will include the start date for the child support payments. The payments will be paid monthly, and will be taken out of the other parent’s paycheck.

Wage Assignment and Garnishment

Every child support case where child support is awarded, the court will order a wage assignment or wage garnishment be issued and served. This wage assignment requires that the other parent’s employer takes the support payments out of the other parent’s wage.

Local Child Support Agencies

If the local child support agency (LCSA) is not involved in the child support case, both parents are allowed to agree that the child support payments be made in other ways, rather than a wage assignment. This means the wage assignment is “stayed,” or put on hold. Parents are then responsible for working out how the child support payments will be made. But if a LCSA is involved, the LCSA must agree to having the wage assignment “stayed.” Typically, if a LCSA is involved, the agency will keep the wage assignment in place.

Failing to Pay Child Support

There are serious consequences for not paying child support. You can be held in contempt of court if you have the ability to pay child support but do not make the payments. This can mean jail time. If you are unable to make child support payments due to loss of job, or gap in employment, you should contact a family law attorney, or the court to avoid jail time or fines.

Source: California Courts, Collecting a Child Support Order, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Support, child support judgment, child support payments

Child Custody Child Support Child Visitation Divorce Domestic Violence Family Law Move Aways (Child Relocation)

Child Custody and Move Aways

Post author By Scott
Post date December 30, 2014

Relocating to a new state or new country can be difficult. But that process can be made even more difficult when it means moving away with a child you share with your ex-spouse or partner.

Are You Allowed to Move Away?

The first thing you need to identify is if you are able to move away and relocate your child. A standard rule of thumb when it comes to child relocation and a permanent child custody and visitation order is that neither parent is able to relocate the child unless he or she has received consent (written consent) from the other parent or a court.

Allowing a Move Away

Family law courts consider a number of factors when considering allowing a move away. As always, the court takes the “best interest of the child” into account. These are the other factors a court considers:

Is the child stable in the current child custody arrangement
Where is the new location? How far away is it from the remaining parent’s household?
Financial impact (for both parents)
Age of the child
How is the current relationship between the parents and the child?
How is the co-parenting relationship between both parents?
What are the child’s wishes (dependent on the child’s age)?
Are there special accommodations needed for the child? Are they available in the new location?
What’s the reason for the move?
Additional factors the court deems fit to consider

To Note: California Family Code section 7501

Under the California Family Code section 7501, “a parent entitled to custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.” Therefore, the custodial parent of a child does not have to prove that the move away is necessary, since they have been awarded the legal right to have the child live with them.

Modification of Court Orders

A move away request is considered a modification of court orders. Therefore, it’s important to be mindful of the current custody and visitation rights you have prior to the move away. You will need to get the other parent’s written agreement as well as the court’s permission in order to proceed with your move away. You might want to consider working with a move away attorney to help that your move away is legally done and you don’t risk jeopardizing your current agreement.

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child relocation, Moving Away

Child Custody Child Support Child Visitation Divorce Domestic Violence Family Law Marital Property Division Spousal Support

Legal Separation Compared to Divorce

Post author By Scott
Post date December 26, 2014

The greatest difference between legal separation and divorce is that legal separation does not end a marriage or domestic partnership.

Understanding Legal Separation

Typically, spouses that seek a legal separation don’t want to get divorced, or aren’t get ready for divorce, but want to live apart. During this time of living apart, it’s important that certain legalities surrounding money, property, and parenting are agreed to, in order to avoid disputes. Often times legal separation is the first step towards divorce. And the formal judgment that is issued during legal separation can help address and resolve aspects of a marriage. Working out these various aspects of a marriage can help ease the tension of a divorce, should it go that direction. But spouses who are legally separated are not legally free to marry because a neither spouse’s legal status is returned to “single” in the separation process, unlike the divorce process.

During a legal separation your interests as a married couple are protected until a final decision to divorce is made. Often times, couples choose to just remain separated and never choose to pursue a legal divorce.

Issues Addressed in Legal Separation

Typically, during the separation process various things are dealt with, including: child custody, child visitation, child support, spousal support, marital property division, attorney fees, and personal conduct. The only thing that remains untouched is the actual marital status of the couple.

Why Pursue Legal Separation?

There are advantages with legal separation, including:

Spouses are able to maintain benefits such as a spouse’s health care plan or military benefits.
Staying legally married for 10 years allows couples certain social security benefits.
The separation period allows for a “cool off time,” during which parties can work to resolve their differences. Couples can then decide to either pursue a divorce or resume the marriage.
In some religions divorce is not allowed or recognized. Legal separation allows these religious couples to live separate lives while still remaining married and true their faith.
Legal separation can be used to solve immediate problems in couples who are uncertain about moving forward with divorce.

Source: Legal Match, What Is Legal Separation? 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child visitation, Divorce, legal separation, marital property division, Spousal Support

Child Custody Child Support Child Visitation Family Law

Parenting Plan

Post author By Scott
Post date December 15, 2014

Deciding on child visitation rules often means putting together a parenting plan, which will outline each parent’s role in the development of the child, or children, they share. There are a great many things to consider when putting together this plan. Here are a few things:

Considerations for Parenting Plan

Put the needs of your child first while putting away your emotions.
Put everything in writing. This will help to hold each parent accountable, while also serving as a way to help you remember what was agreed to.
Parenting time cannot be restricted or denied, unless a court has decided that a parent has problem with substance abuse or domestic violence.
Do not use your child as a pawn to get “info” on the other parent. Remember that being ping-ponged between parents can be an emotional time for a child.
Agree to all holiday time and visitation well ahead of time to avoid arguments.

Keep Records

Even though you have come to an agreement regarding your parenting plan, it’s still important to keep records regarding pick up and drop off dates, times, if a parent is late, on time. Recording the “good” times and the “bad” times will paint a fair picture, should you need to prove anything in court. Also, remember to be fair – things will go wrong, on both your side and your co-parent’s.

Working with a Family Law Attorney

Working out a parenting plan can take some negotiating. A family law attorney can help ease any tensions that exist between you and your ex-spouse. A family law attorney will also be able to create a legally binding contract that will hold up in court should you have to go to trial.

Source: Divorce Source, 100 Things You Must Know Before Creating a Parenting Plan (otherwise known as a custody and visitation order), 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, Child Support, child visitation, Parenting Plan

Child Custody Child Support Child Visitation Divorce Family Law

Child Custody Decisions

Post author By Scott
Post date December 5, 2014

There are a number of key questions that need to be raised when it comes to child custody rights. There are multiple considerations that need to be made when a court determines a custody ruling. Here are some things you should educate yourself on if you are facing a child custody dispute.

Divorce and Child Custody Decisions

Decisions regarding child custody are usually arrived at through the help of attorneys and mediators or by the court. More specifically, either two parents are able to come to an agreement either through informal settlement negotiations or mediation, or a court (usually a family court judge) needs to decide for them.

Unmarried Parents

Often times custody and visitation rulings can be a more simplified process when a child’s parents are unmarried. This is because the focus can be given to he child custody dispute, rather than being spread across other issues such as division of property and payment of spousal support. In cases with unmarried parents, the family court’s primary consideration is usually identifying the child’s “primary caretaker.”

Non-Parental Child Custody Decisions

Sometimes relatives like grandparents, aunts, uncles, and close family friends wish to obtain custody. Often states label these cases “non-parental” or “third-party” custody, or obtaining “guardianship.” Each state has specific statutes regarding these cases. Working with a licensed attorney in your area will help ensure you follow the rules of your state’s court.

Source: FindLaw, How Child Custody Decisions Are Made, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody battle, child custody case, child custody dispute

Child Support

“Dying” to Get Out of Paying Child Support

Post author By Scott
Post date November 25, 2014

Rapper Jakitdown, real name John McCroy, has taken to using death as a reason to not pay child support. Meanwhile, he’s taken to the internet in an attempt to parlay his 15 minutes of fame into cash – though it still won’t go to his child support payments.

“Dying” to Avoid Paying Child Support

McCroy’s daughter was born on New Year’s Eve 2008. A court ordered him to pay $100 monthly in child support in April 2009. But he never did. He was in a car accident in November of that year. And according to him, that’s when he died.

In August 2010 he attempted to buy a car. But in order to get a car loan, he needed to be current on the child support payments. That’s when he made his first, and only $100 payment. In April of 2009, a court ordered him to pay $100 a month in support. He never did, and still hasn’t.

When asked about why he will not pay child support, he said, “I was ineligible to pay it. I was in a hospital and died in a car accident.”

Rise to Fame

Since gaining notoriety for being the deadbeat dad that “died” to get out of paying child support, Jakitdown has been all over social media – advertising his “mix tape” with videos showing the rapper wearing diamond sunglasses and a mink coat, while tooling around town in a new car.

Canience Haynes, the mother of his daughter, is not impressed. “I feel like if he could be out here being flashy that he can take care of our child,” she said.

Felony Charges

Jakitdown faces five charges of felony failure to pay the monthly $100 child support payments. He is fighting the charges with the help of a lawyer (he doest not qualify for a public defender). He petitioned the court, claiming he should not have to pay anything. According to Haynes, McCroy’s petition also claims he’s been permanently disabled since the 2009 car accident. If he loses the trial (set for February) he will face a maximum prison sentence of seven-and-a-half years in prison.

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

Source: CNN Wire, Deadbeat dad who ‘died’ to get out of paying child support claims he’s permanently disabled, November 25, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Support, child support payments, deadbeat dad

Child Custody Child Support Child Visitation Divorce

Parental Rights Initiation: The Question of Equal Child Custody

Post author By Scott
Post date November 24, 2014

In North Dakota’s recent 2014 election, there was an interesting voter initiative on the ballot – the “Parental Rights Initiative.” If it had passed (it was defeated 62% to 38%) it would have required courts to award “equal parenting time” to both parents either in the separation process, or divorce. Though the law didn’t pass, it does shine a light on the on-going debate about how child custody cases are decided.

History of Child Custody

The issue of deciding child custody has a long history in the nation. Colonial Americans, following English rule, maintained that a father should retain the custody of his children upon divorce. This was standard practice until the early 20th century, when motherhood and women as “caregivers” became the norm. As divorce became more common during the 1960’s, there was a large shift towards gender equality and the importance of both parents in a child’s upbringing.

Custody Indivisible

Despite the shifts between one parent being favored over the other, one thing remained true: custody was indivisible. One parent would raise the child, while the other parent would have visiting rights. But shared custody has become more socially and legally accepted as parents have started shouldering more equal parenting responsibilities. And rather than relying on judges to determine “in the best interest of the child,” separating and divorcing parents have started to take on the task of creating their own enforcable “parenting plans” for their children.

Parenting Plans

Parenting plans are custody agreements, often put together with the help of a mediator. They are meant to be flexible, but also detailed, outlining each parent’s responsibility in the raising of the child. This idea of coming to an agreement fits more in line with healthy child development. An agreed to plan means the child does not get stuck between warring parents duking it out in damaging litigation. It can create a more harmonious living situation for all involved, and most importantly, for the child who is caught in the middle.

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

Source: The Washington Post, There’s a great way to figure out child custody. Most divorce courts don’t use it., November 14, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child visitation, child visitation rights

Child Custody Child Support Child Visitation Family Law Paternity Spousal Support

Miller Custody Battle

Post author By Scott
Post date November 20, 2014

When You Might Consider a Lawyer for Personal Injury Claims

An agreement has finally been reached in the custody battle between Olympic skier Bode Miller, 37, and his ex-girlfriend.

Custody Battle

Five-time world champion Miller and ex-girlfriend, Sara McKenna, 28, a student at Columbia University, have been stuck in a bitter custody battle over their 18-month-old son, Samuel. The two have struck a deal just on the eve of a trial where each were expected to bring witnesses to testify to the psychological impact of the the temporary joint custody arrangement was having on Samuel. The two were also in disagreement regarding the amount of child support McKenna had requested.

Previous Custody Ruling

McKenna is a retired Marine who is attending Columbia on the GI Bill. She gave birth to Samuel during her first semester at Columbia in New York. Prior to the baby even being born, Miller was awarded custody of him in California court. Initially, a New York family court judge supported the California ruling and thus, ordered McKenna to surrender Samuel to Miller. A judge in the Appellate Division in Manhattan overturned that decision, ruling that a custody decision needed to be made in New York (not California) because the baby had been born in New York. As a result, McKenna and the Samuel were reunited. Over the past year McKenna and Miller (along with his new wife, volleyball player Morgan Beck) have shared custody, splitting time between California and New York.

McKenna and Miller

McKenna and Miller had a brief fling while McKenna was in California and McKenna got pregnant. Allegedly, when she got pregnant, Miller did not want to take part in Samuel’s life. Thus, McKenna enrolled in the veterans program at Columbia. She had already accepted the scholarship to Columbia and made plans to move to New York when Miller filed for custody in California.

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

Source: Daily News, Bode Miller settles custody fight for son with ex Sara McKenna, November 17, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550