Category Archives: Child Support
How Silence Can Help Litigants Obtain Their Goals in Family Law Court
In Family Law Litigation Silence Can Be an Effective Tool. Here’s how to use it. In family law litigation to get what you want, try closing your mouth. A well-deployed silence can radiate confidence and connection. The trouble is, so many of us are awful at it. We struggle to sit in silence with others,… Read More »
How to Get the Custody Orders You Desire in a Family Law Court Hearing
How Does One Obtain the Custody Orders One Desires in Family Law Court? What Evidence Should One Present? Hint: It’s Probably Not What You Think… WHAT NOT TO DO: In California Family Law Court, presenting evidence of the other parent’s poor character to support a child custody request is often not advisable for several reasons:… Read More »
What to Do If You Receive Paper Work Asking You to Pay Child Support
Don’t Ignore Papers from a Child Support Agency Received a Notice from Child Support Agency? If you have received a Summons and Complaint from a county department of child support services in the mail, you have 30 days from when you received it to complete the Answer form included in the packet and file it… Read More »
Does child support increase when you get married because of your spouse’s income?
QUESTION: I plan to marry at the end of the year and my partner is paying child support from California. Is their child support going to go up because of my income or is that not taken into consideration? ANSWER: New spouse income is NOT used to calculate child support-but tax filing status is. This… Read More »
Can my ex make my 15 year old son remain at a school in a different county if I have sole physical custody?
QUESTION: My ex and I got divorced when my son was 1. Since then, I have remarried and moved to a different county in the same state (California). My ex and I have had joint legal custody, but I have had sole physical custody since the divorce. After 13 years of having physical custody, my… Read More »
Learn How to Collect Alimony or Child Support Arrears Using Real Propert Liens
Understanding Judgment Liens on Real Estate as a Tool to Collect Spousal Support or Child Support That Is Owed and Has Not Been Paid Summary: Alimony is the more common term in the United States but in California alimony is called spousal support. Under Section 697.320 of the California Code of Civil Procedure, a judgment… Read More »
My Ex Moved Out of California Can Our Child Support Order Be Changed By the Court In the New State?
Question: My Ex Moved Out of California Can Our Temporary Support Order Be Changed By the Court In the New State? Here in California a temporary order concerning child support, spousal support and custody was issued by the court. The order included an Ostler-Smith bonus order. My ex has since moved out of state with… Read More »
Understanding Bonus Income in California Divorce Cases: The Ostler-Smith Approach
If you’re a Californian contemplating divorce or currently undergoing one, and you or your spouse has a variable bonus income, understanding how this income is accounted for in support payments is crucial. This is especially true if the party paying support has both W-2 income and variable bonus income. One of the seminal cases in… Read More »
How do I add income from a small business to the California Income and Expense Declaration, form FL-150?
Question: If my spouse is self-employed with his own business, how should his income be stated in form FL-150 Income and Expense Declaration? On line (1.a) must he must state the name of his business, and on line (1.h) he must state his business’s gross income (before any taxes)? On line (7) must he must… Read More »
What Steps Can a Person Take to Prepare for Divorce in California
HOW TO PREPARE FOR A DIVORCE IN CALIFORNIA There are several steps a party can take to prepare for a divorce in California: Gather information. This includes acquiring and making copies of important financial documents, such as tax returns, bank statements, and investment portfolios. It is also important to obtain the data necessary for you… Read More »