California Child Support Enforcement: What Happens If a Parent Owes Past Due Child Support?
California Child Support Enforcement: What Happens If a Parent Owes Past Due Child Support? If you are a parent who hasn’t received support which is due, or if you are a parent who is falling into “arrears” (past-due support), you should address the issue immediately, not ignore it. Here is what you need to know… 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 »
A New Case Allows Some Fathers to Challenge Paternity and Child Support Even If They Signed a Voluntary Declaration of Paternity
To challenge a California Voluntary Declaration of Paternity (VDOP), the putative father may need to file a court request (Form FL-280) to cancel it, which involves getting a court hearing date, notifying the other parent, and potentially requesting genetic testing, with strict deadlines and grounds like fraud or coercion, especially if more than 60 days… 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 »
Understanding Imputed Income in California Child Support Calculations: A Practical Guide for Parents
Understanding Imputed Income in California Child Support Calculations A Practical Guide for Parents Introduction Calculating child support in California is designed to ensure children receive adequate financial support from both parents. The process relies on accurate disclosure of each parent’s income. However, what happens when a parent fails to disclose, minimizes, or reduces their income… 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 »
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 »