Category Archives: Paternity
In CA Alimony and Child Support Matters Expense Deductions on the Tax Returns of Small Business Owners Will Be Carefully Reviewed by the Court
Business Owners: Why Your Tax Return Doesn’t Dictate Support in California: When Addressing Alimony and Child Support Matters Expense Deductions on the Tax Returns of Small Business Owners Will Be Carefully Reviewed by the Court If you own a small business or are divorcing someone who does (or you are in a child support… Read More »
Navigating Child Custody Mediation in California: Putting Your Children First
Child Custody Mediation in California Family Law Courts: Putting Your Children First When you are facing a separation or divorce, the most stressful question is often: “What happens to our children?” In California, the legal system is designed to prioritize the well-being of your kids above all else. Before you ever step into a courtroom… Read More »
Securing Your Future: A Comprehensive Guide to California Parentage Actions and Choosing the Right Attorney
Securing Your Future: A Comprehensive Guide to California Parentage Actions and Choosing the Right Attorney For parents who were never married, establishing a legal relationship with their child—and securing court orders for custody, visitation, and support—requires navigating the legal system through what is known in California as a Parentage Action, formerly known as a Paternity… Read More »
What is the California Marital Presumption of Parentage?
What is the California family law statute that addresses whether a child born during a marriage is the child of the husband? In California, the primary statute is Family Code § 7540, establishing the marital presumption of parentage, which presumes a child born to a wife living with her husband is the husband’s child, even… Read More »
There Is a Big Difference Between Child Custody Orders Issued While a Divorce Case Is Going On and Child Custody Orders Issued with the Divorce Judgment
In a California divorce, a child custody order issued during the proceedings is a “temporary order.” Lawyers and judges call this type of order a Pendente Lite order. Temporary Orders provide stability while the case is pending, and a child custody order issued with the final judgment is a Final Order that resolves custody matters permanently until a… Read More »
WILL THE COURT CONSIDER ORDERING A DECREASE IN PARENT’S CUSTODY TIME FOR FAILURE TO PAY CHILD SUPPORT?
The Court will not order a decrease in custody time as a sanction for failing to pay child support. But, the Court can and does put the hurt on the parent that fails to pay child support in other ways. The Court can order monetary sanctions, and in conjunction with the State and County Government… 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 »
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 »
Protecting Your Children in California: Custody Considerations with Domestic Violence Restraining Orders
Custody Considerations with Domestic Violence Restraining Orders: California’s Presumption Against Restrained Parents in Custody Decisions California Family Code Section 3044 creates a presumption against awarding sole or joint custody to a parent who has committed domestic violence against the other parent or the child. Seeking legal counsel when navigating child custody amidst domestic violence… Read More »
I Have Legal and Physical Custody of My Child Do I Need to File a Motion to Change Their School?
Question: I am in the process of divorce. I have been awarded sole legal and physical custody. Father has visitation on weekends. Which motion do I need to file to inform the court of my intention to change the minor child’s school in Los Angeles California? I am also requesting visitation changes to the order. Can… Read More »