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Category: Family Law

Family Law Advice & Articles

Discover the latest family law advice and articles from the Attorney Referral Service of San Fernando Valley Bar Association.

Learn more about divorce, child custody, and prenuptial agreements.

Looking for an experienced lawyer?

We’re here to help.

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Family Law Articles

We write about the family law regularly and invite you to take a look at the archive below for our latest articles.

Have a question we haven’t answered?

Let us know and we’ll publish a new article covering your question.

Categories
Family Law

Where to Find A Family Law Lawyers In Los Angeles

Where to Find A Family Law Lawyers In Los Angeles

Where to Find A Family Law Lawyers In Los Angeles

A family law lawyer in Los Angeles will help you navigate the complex process of protecting your rights and interests when facing a family legal matter.

Family law in Los Angeles is concerned with issues involving family relationships, including divorce or legal separation, child custody and child support, adoption, paternity, emancipation, alimony, and domestic violence. Here is some information that will introduce you to these areas of Family Law and give you a better idea of what’s involved in the court process for dealing with them.

Divorce

Most Los Angeles family lawyers provide representation for clients in divorce proceedings or similar matters relating to divorce. Each partner hires an attorney to try to come up with a settlement plan that would avoid a trial.

Divorce attorneys are experienced at dividing marital property, calculating child and spousal support, and devising a plan for child custody and visitation.

Different states have different laws concerning marriage, divorce and other family matters.  Some states permit same-sex couples to marry, and some do not, but this is an area of rapidly changing laws.

Custody

California family courts consider many factors before granting parents sole custody or joint custody of children. These factors include whatever is in the best interests of the child, which parent is more likely to want visits with the other parent, what the child wishes, and any history of domestic violence or drug use by either parent.

Larger divorce cases in Los Angeles include court orders and settlement agreements involving both custody and support, but they can be revisited and revised if relevant conditions change. An example would be a change of financial situation for the non-custodial parent.

Paternity

In many Los Angeles paternity cases, the legal action is initiated by the mother in an effort to secure child support payments from an absent father. In other cases, though, the biological father will file for paternity to establish a relationship with his child. Paternity is usually determined through DNA tests.

Adoption

The adoption and foster care processes are complex. It depends on many factors including variances in state laws, the type of state law, and where the child is from. Depending on the situation, foster parents may adopt their foster children without the need for legal representation. Parents can get advice on this matter from a good attorney referral service.

One resource is the Los Angeles County Department of Children and Family Services, an organization that provides information and assistance to families regarding laws and processes for independent adoptions – those adoptions where the birth parents select the family and place the child with that family. Attorneys are needed to ensure compliance with Interstate Compact regulations that involve things like home studies, interviews with birthparents and consent to adopt.

Domestic violence

Domestic violence as defined by the Los Angeles Superior Court includes being beaten, cut, kicked, threatened, stalked or raped by a spouse, former spouse or partner, father or mother of your children, someone you have dated or lived with, or a family member.

The court can issue restraining orders and protective orders that can prohibit an assailant from harming you or your children. An Emergency Protective Order (EPO) can be issued immediately by a police officer. A Temporary Restraining Order (TRO) can be issued on your request. A Criminal Protective Order may be issued by a judge if criminal charges have been brought against the defendant, in order to protect witnesses and/or victims at criminal proceedings.

Emancipation

Emancipation is the legal process for children to become adults before age 18. It allows children to do certain things without parental approval including getting medical care, living wherever they want, applying for a work permit, or signing up for a school or college.

In becoming emancipated, these adults give up the right to be supported by their parents. They still have to go to school, and they still need to have parent’s permission to get married.

There are three ways to get emancipated: get married, join the armed forces, or get a declaration of emancipation from a judge.

Collaborative law

Collaborative law in Los Angeles can mitigate litigation by providing the parties with individual representation and advocacy as well as the support of a neutral mental health professional and, if appropriate, a neutral financial specialist. These professionals can help the parties reach a resolution efficiently and economically.

Collaborative law allows parties to arrive at the desired settlement while avoiding the uncertain outcome of court decisions. This process enables parties to work with a support team of professionals to settle divorce or family dispute issues without the threat and cost of litigation. It centers on a consensual approach rather than an adversarial one. It allows parties to negotiate directly while still maintaining representation.

The collaborative law process is used in many cases for a broad range of family issues including disputes between parents, divorce, and the negotiation of prenuptial and postnuptial agreements.

Superior Court of California County of Los Angeles

The Superior Court of California, County of Los Angeles, offers many services and handles all local cases related to family law matters. A family law attorney can explain how the court works to serve the citizens of Los Angeles. Here are some helpful references for understanding what the court provides.

Online services

Among the online services offered by the Superior Court is a program designed for parents who intend to appear at an Order to Show Cause or Trial regarding custody and/or visitation of their children. The program is called “Our Children First” and is a mediation/ parent education program required by law for parents prior to formal proceedings.

Parties involved in cases under the Domestic Violence Prevention Act may also attend this program but are not required to do so.

Other online services include requesting an interpreter for a Family Law case, finding the appropriate courthouse for filing a claim, or getting various information by case number.

Family Law resources

The Superior Court provides resources, from advice to processes to forms, in many areas of Family Law. The Court offers a Family Law Facilitator who assists parties with issues on child support, spousal support and health insurance issues.

The Court also provides referrals to social services and counselors for those who need them. It provides information on Family Law such as an overview of divorce proceedings. What the Court offers is not considered legal advice but can be helpful to those seeking clarifications.

For legal advice, a certified and qualified attorney referral service can find the Family Law attorney you need for your particular situation.

Court outreach programs

Community outreach is important for the Los Angeles Supreme Court to administer justice and carry out its mission, and it involves promoting dialogue with young people on the law, civics and tolerance, and encouragement for young people to become community leaders and pursue careers in the legal field.

In addition, the Court oversees hundreds of service programs throughout Los Angeles County to help citizens understand the legal process. Perhaps some of these programs can help you learn more about the kind of legal assistance that would be most valuable to you.

 

Categories
Family Law

What Is A Prenuptial Agreement?

A prenuptial agreement (“prenup”) is a document that sets forth what will happen to your assets in the event of a divorce, separation, or death.

A prenuptial agreement can preserve and maintain the separate nature of property, instead of being subject to community property or the laws of equitable distribution.

Prenups have been around for thousands of years and were necessary for women in the United States during the 19th Century – up until the Married Women’s Property Act of 1848.

Before the act became law, the prenup required that everything a woman owned or inherited had to be transferee to her husband. In the event that he died or divorced her, she could possibly lose everything.

Today, prenups are becoming more popular for a variety of reasons. There are more women in the workforce today with accumulating wealth. Men and women are getting married later in life, focusing on careers and acquiring property and financial independence along the way.

Prenuptial agreements are also popular when one partner has children from a former marriage and wants to make sure his or her separate property goes to those children.

Prenups are often used to protect the assets of wealthy spouses or preserve a family business. There is a long history of premarital agreements used to protect a wealthy spouse often at the expense of the other spouse.

History of Prenuptial Agreements

Originally, prenuptial agreements were studied carefully by judges because they were traditionally used to protect the property of wealthy individuals from less fortunate marriage partners. There were instances where the partner with fewer means was coerced into signing the agreement, and this often led to dissolved marriages.

Today, divorces are more prominent, and women are less vulnerable and have an equal footing in society. They don’t need as much protection as before, and most prenups are upheld.

But deciding whether or not to have a prenuptial agreement can be a difficult decision. There are many pros and cons to consider.

What A Prenuptial Agreement Covers

  • The prenuptial agreement can protect the assets of one party while also protecting against assuming the debts of the other party.
  • The prenup clarifies financial responsibilities during the marriage, avoids costly disputes in the case of divorce, and determines how a property will be passed on upon death.
  • Prenups preserve family ties and inheritance; it keeps family property in the family.
  • The agreement ensures that your estate will be settled according to your wishes used (along with other documents like Will and Living Trust)
  • This agreement puts financial expectations on the table and forces partners to face financial issues that need to be faced.
  • The financial well-being of children from a previous marriage is protected. The agreement spells out which assets a spouse may give to children or other family members if a death occurs.

What It Does Not Cover

  • A prenuptial agreement is certainly not romantic. It can cause a great deal of stress.
  • It may be thought of as a lack of commitment and an expectation to divorce at some point. It can lead to a lack of trust and resentment between spouses. Some people may look at the process as planning the divorce before planning the wedding.
  • A prenup may be found to be invalid due to non-disclosure of all assets or evidence of fraud, duress or lack of representation.
  • Prenups cannot contain provisions or instructions regarding anything illegal. Such provisions might jeopardize part or all of the agreement.
  • A prenup does discuss financial issues, but it may not contain issues regarding child support or child custody. The court determines such issues based on the “best interests” of each child. For example, a prenup cannot dictate visitation rights or a child’s right to financial support or relationship with a parent.
  • A spouse cannot waive a right to alimony. While some states do allow such waivers, most states do not or at least limit this ability.
  • A prenup cannot use language that tends to offer a financial incentive for divorce. It is in the interest of the courts and society in general to limit divorce. Any provisions to divide property in a way that encourages divorce will not be accepted.
  • The agreement must be financial, and not personal. It should not discuss child rearing, use of names, specified chores, vacation rules, or relationships. Mention of private domestic matters can lead to the rejection of the agreement.

What Makes It Invalid?

In addition to the above items which are not covered and can lead to rejection of the prenup, here are some more reasons.

  • The prenuptial agreement must be in the form of a written document. If not, the agreement is not enforceable.
  • The agreement must be properly executed and signed by both parties.
  • The agreement is invalid if one of the spouses felt pressured to sign, by the other spouse, attorney or member of the family.
  • The agreement was not read. Sometimes a spouse is given a pile of papers to sign, and this particular agreement is one of them and doesn’t get read. Or the spouse isn’t given enough time to read and understand the agreement. Either of these is grounds for making it invalid.
  • Any false or misleading information, as well as incomplete pertinent information, can make the agreement unenforceable.
  • Both sides should have independent representation and counsel. Some states require this. Having your own attorney is the best way to ensure your own particular interests are being represented. Without independent counsel, the agreement may not be enforceable.

The State Laws

States have different laws concerning prenuptial agreements and the distribution of property upon divorce. Community property states have rules that divide accumulated property equally.

Community property states include Arizona, California, Louisiana, Idaho, Nevada, New Mexico, Texas, Washington, Wisconsin, and the territory of Puerto Rico.

Other states have policies of dividing property assets on an equitable distribution basis.

For example, a judge may distribute property by giving the wealthier spouse a portion like 2/3 and the other spouse, 1/3 of the combined property. You should consult your own state to determine its specific rules governing distribution.

What to Consider When Creating A Prenuptial Agreement

If you and your spouse both think that a prenuptial agreement is a good idea for you and your situation, there are some things you should consider to make the experience a positive one.

Be honest with each other and considerate of each other’s feelings. This can be a very tense and emotional experience. You don’t want to jeopardize your marriage before it gets started.

You shouldn’t hide your emotions or disguise your feelings. Being open with one another is an important first step.

Discuss it early on, and don’t wait until just before the wedding. Walking down the aisle leaves little time for discussion.

Once you decide on the process, you should each hire separate attorneys and ask them for an affidavit of independent legal counsel. Keep this with the other forms you fill out as part of the prenuptial proceedings.

A good prenuptial arrangement should serve both your interests and leave you free to enjoy your relationship on a more personal level.

Categories
Family Law

Emancipation Of Minors In California

In general, parents or legal guardians are responsible for their children until they reach the age of majority – that’s 18 in California. That means the parents (or guardians) must provide food, clothing, shelter, and other necessities. It also means they get to choose where the child goes to school, what medical care they receive, and what happens to their earnings. Sometimes, children want to strike out on their own and assume responsibility for their own lives – become “emancipated.” Here’s what you need to know about the emancipation of minors in California.

Why Do Children Become Emancipated?

There are lots of reasons a child may want to step away from parental support and/or control. In some cases, children want to leave an abusive or dangerous situation. Sometimes kids just can’t get along with their parents or guardians and believe they’ll be better off on their own. In other cases, children may end up with significant earnings (like a child movie star or musician) and want to have control over their own management and money.

Requirements For Emancipation Of Minors

There’s a reason that the law gives an age of majority. Younger people may be unable to support themselves or handle the responsibilities of daily life. They’re not fully developed and may not have the reliable judgment on serious issues like health care or education. It may be unsafe for a minor to live alone. So, the emancipation of minors is carefully regulated. You must meet certain requirements and go through certain procedures in order to qualify and actually accomplish it. There are three main ways you can get emancipated: getting married, joining the armed forces, or getting a court order.

Emancipation By Marriage

First, you can get married. California is one of the few states with out a minimum age limit for marriage. However, you can’t simply get married like someone over the age of 18. You’ll need: 

  • written consent from a parent or legal guardian of each underage party
  • a court order, if there is no parent or guardian capable of giving consent
  • in some cases, state-mandated marriage counseling about the social, economic, and personal responsibilities and consequences of marriage

Cal. Fam. Code § 302-304.

If you meet those requirements, you can get married. At that point, you’re automatically legally emancipated from your parents.

Emancipation By Joining The Armed Forces

If you join the armed forces, you’re automatically emancipated. Applying isn’t enough; you must actually be accepted by the armed forces. By law, they can accept people as young as 17. However, people under the age of 18 must have written parental consent in order to join the military. In general, the military only accepts people with a high school diploma or G.E.D. and you’ll need to pass a physical medical exam.

Emancipation By Court Order

The third method of emancipation of minors is the court order. To get emancipated this way, you must be at least 14 years old. You’ll need to fill out these forms and file them with your local Superior Court:

You’ll also need to write a statement to the court explaining why you want to be emancipated, how you’re supporting yourself, and how you’re supporting any children you have. You may want to attach letters from your landlord and boss to show the court that you’re a responsible tenant and employee and verify that you have a place to live and steady income.

Once you have all of that paperwork together, you may want to contact your local court and ask if their self-help center or family law facilitator helps with the emancipation of minors. If they do, you may want to meet with them to ensure that all of your forms are filled out correctly and that you know where you need to file them.

When your paperwork is ready to go, make copies of it for yourself and take it to your local court to file. If your parents consent to the emancipation, a judge will review your case and either approve or deny it. They may also request a hearing. If your parents do not consent to your emancipation, you’ll also need to schedule a hearing.

That hearing will usually be held within 30 days. As soon as possible, you’ll need to “give notice” to your parents or guardians. That means you’ll need to make copies of all of your paperwork and have someone over the age of 18 deliver it to them. That person will fill out a proof of service form and you’ll need to file it with the court. At the hearing, bring any responsible adults that can explain to the court that you should be emancipated. You’ll need to tell the judge why you want to be emancipated and explain how you’re going to support yourself. In general, the judge will make a decision at the hearing.

Once the judge accepts your petition, the court will fill out the rest of your Declaration of Emancipation After Hearing form and you’ll need to file it with the clerk. The clerk will give you certified copies of that form – keep them in a safe place because you’ll need them for employers, schools, and anyone else that might require parental permission.

The Rights Of Children And Parents/Guardians After Emancipation

Once you’re emancipated, you’re in charge of your own care and legal duties. You’ll have to support yourself. You now have the right to decide where you live, what medical care you receive, and where you want to go to school. You have control over your own earnings and how you manage them.

Your parents or guardians, on the other hand, no longer have any ability to control where you live, your health care, your education, or your earnings. They also have no obligation to feed you, house you, clothe you, or otherwise provide support.

The emancipation of minors can offer children a way out of a difficult home life, but it’s not an easy decision to make. Supporting yourself and handling the day-to-day affairs of adult life isn’t easy, so this isn’t a decision to take lightly.

If you want to learn more about emancipation, we can help.

Categories
Family Law

Prenuptial Agreement California Law

No one gets married with the intention of getting a divorce, but it happens – there are nearly a million divorces every year in the US. And with divorce comes the complicated process of splitting up two lives. If there are children, there are custody and child support concerns. There may be spousal support issues. Dividing up the assets the couple has accrued or brought into the marriage is also complex – it’s just not an easy process. That’s why couples use prenups (prenuptial agreements) – they agree in advance on how to unwind the financial aspects marriage so that in the case of divorce, the process is as painless as possible. The law on prenups is determined by each state, so let’s take a look at the rules in California.

How Prenups Work

A prenup is a contract that you sign before you get married. Prenups cover how the marital assets and debts will be split up in the event of a divorce. Generally, they cover the assets each partner brings into the marriage (usually stating that those assets will stay with the original owner) and the assets accrued during the marriage. Prenups can cover what happens to a marital home, car, or other property. They can also cover the division of marital debt. If one partner has student loans, for example, a prenup can address whether that debt will stay with the partner that accrued it or whether it will be split between the two.

Note that while prenups can cover pretty much any aspect of your finances, they cannot cover child custody or child support issues. The court will decide those issues based on what’s best for the child.

Prenuptial Agreement California Law

In California, prenups are governed by the Uniform Premarital Agreement Act of 1986 (UPAA). UPAA sets out certain basic requirements for the agreement to be valid. First, prenups are subject to the basic rules of contract law – both parties must be mentally competent to consent and must actually consent. The agreement is invalid if either party gives consent based on fraud or mistake (lying or making misleading statements about relevant information or genuinely misunderstanding the information or the agreement). If one of the spouses is not proficient in English, the agreement has to be translated to that person’s native tongue.

Finally, the agreement cannot be “unconscionable.” That means it can’t be the result of seriously unequal bargaining power. For example, imagine a prenup between a US citizen and a non-citizen that leaves almost all of the property to the citizen. The court may find that agreement to be unconscionable because the parties had unequal bargaining power – the non-citizen may have feared the loss of the chance at citizenship if he or she did not agree to the prenup. In general, the court will scrutinize any agreement that unduly favors one party.

  • each partner must either have independent legal counsel or waive the right to independent counsel before signing the agreement
  • if a partner is not proficient in English, the agreement must be translated to that person’s native language
  • the agreement cannot be unconscionable – it can’t be the result of seriously unequal bargaining power and it can’t unreasonably favor one party

In addition to those general requirements of contract law, UPAA contains a number of provisions specific to prenups:

  • both parties must have complete information about the finances and property of the other partner
  • each partner must wait a minimum of 7 days after receiving the prenup before signing it
  • each partner must receive full disclosure of the terms, rights, and conditions of the prenup
  • each partner must either have independent legal counsel or waive the right to independent counsel before signing the agreement

If a party wants to waive their right to counsel, they must have complete information about the potential consequences of that decision. They’ll also need to sign a document separate from the prenup stating that they’ve received that information and want to waive their right to counsel. The document must also identify the person that provided them with the information about the consequences of the waiver.

Community Property And Inheritance

California is a “community property” state. This means that in the absence of a prenup, the property owned by each partner before the marriage will go back to that partner and property accrued or shared during the marriage will be split evenly. With a prenup, the couple can agree either to treat separate property as community property or community property as separate property.

Another aspect of the community property laws in California affects inheritance rights. You can create a will in California, but there are rules about spousal inheritance that will be enforced regardless of what’s in the will. Even if you expressly state that you don’t want your spouse to receive anything after your death, the court will still award him or her half of your community property. Prenups allow you to waive or alter your inheritance rights, as long as it won’t negatively affect your minor children.

Limits To Prenups In California

There are certain issues that prenups in California cannot address, usually due to public policy concerns. Provisions about child custody or how to raise children aren’t enforceable. Provisions about child support are also unenforceable, unless the provision is about providing more support than what the court orders – paying for a college education or supporting an adult child, for example. Prenups also can’t include provisions that penalize one partner for fault. For example, you can’t decide that one spouse will get nothing in the divorce if he or she is unfaithful.

Finally, even if all of the provisions of the prenup are theoretically valid, the court may examine the agreement and alter it or decline to enforce parts of it if they find that it’s extremely unfair in the first place or if one partner benefits way more than the other partner.

Getting A Prenup

There are a number of reasons to sign a prenup. First, they can help each partner protect valuable assets. They also allow couples to sit down and decide on a fair disposition of any assets while there isn’t any conflict – decisions made with cool heads are more likely to be fair and reasonable than decisions made in the heat of a contentious divorce. Finally, they make the divorce process much simpler. Most or all of the complex financial decisions associated with a split have already been made.

The rules governing prenups in California are complex and you’re generally required to have legal counsel to make sure that the agreement is fair and that you understand all the terms and conditions. If you’re getting married, congratulations! And you should consider consulting with an experienced local attorney to discuss whether a prenup is right for you.

Categories
Family Law General Legal Information

Stepchild Adoption In California

Maybe you’re getting ready to marry someone who already has kids or maybe you’ve been married for a while and want to legally solidify your relationship with your stepkids. Have you thought about adoption? Stepchild adoption is a way to take legal responsibility for the children of your spouse.

What Is Stepchild Adoption?

Adopting a stepchild is similar to any other type of adoption – you take on the full legal rights and responsibilities of a parent. That means you’re obligated to make sure the child is taken care of and adequately supported. It also means you have a legal say in the child’s rearing, including decisions involving education, extracurricular activities, religious upbringing, medical treatment, and more. If you and your spouse end up separated or divorced, you’ll have the standard suite of parental rights and responsibilities regarding visitation, custody, and child support, exactly like a biological parent would.

Note that each child can have a maximum of 2 legal parents. In order for you to adopt your stepchild, the child’s other biological parent will have to give up custody and all parental rights.

The Stepchild Adoption Process In California

The process for adopting a stepchild varies from county to county in California. The process usually starts when you file a Stepparent Adoption Request at the local county adoption office. Your local adoption office will conduct an investigation into your case and prepare a report for the judge in charge of the adoption.

One of the most complicated aspects of a stepchild adoption is dealing with the parent who is losing their parental rights. In some cases, he or she may give voluntary consent to the adoption and the termination of his or her parental rights. It may be that he or she has no interest in the child or recognizes that an adoption is better for everyone involved. If there’s no objection, you and the biological parents will sign consent forms and the process will move forward. The whole thing may take as little as 3-6 months.

In other cases, you may not be able to locate that parent or that parent may refuse to cooperate. In that case, you’ll have to seek a judicial decree (a decision by a judge) to get through the adoption process. If you can’t find the other parent or the other parent refuses to cooperate, the judge will investigate that parent’s relationship will the child and you and the other parent will have the opportunity to present your cases.

In order to get a judicial decree terminating the other parent’s rights, you’ll need to show that the objecting parent shouldn’t have parental rights in the first place. The two most common ways to do that are to show that the other parent is unfit or has abandoned the child. Someone may be considered “unfit” in the eyes of the law if he or she has abused the child, has a drug or alcohol problem, is incarcerated, or has failed to try to see the child. The other parent is considered to have abandoned the child if he or she has failed to provide financial support or visit the child for a significant amount of time. In California, it may take as little as 3 months of failing to provide financial support and as little as 6 months of failing to attempt to visit the child to reach the point of abandonment. Finally, if the other parent is male, you may be able to show that he is not the child’s actual father. In that case, he has no parental rights.

Overall, the judge will consider the child’s best interests and the relevant laws before making a ruling. If you have to seek a judicial decree, the process takes longer than with voluntary consent – sometimes more than a year, depending on the facts of the case.

Adult Adoption

If you want to adopt a stepchild who is already over 18, you can use the adult adoption process. This is easier and faster than adopting a minor – it usually only takes 4-8 weeks and minimal cost. People usually consider adult adoption for inheritance purposes, so you’ll need to consult a family law attorney and your financial advisers about whether adult adoption is the right choice in your situation.

Ready For Stepchild Adoption?

If you and your spouse are considering stepchild adoption, it’s time to talk to a local family law attorney. We can help – our Family Law Attorney Referral Service can connect you to a lawyer near you who can explain your options and help you through the process. Adoption law is complex, especially if the other parent doesn’t want to give up his or her parental rights, and you need an experienced advocate on your side to help you make your case and adopt your child.

 

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Categories
Family Law

California Child Support Laws

Children are expensive. It’s often tough to support a child on two incomes, let alone one. That’s where California child support laws come in. The law recognizes that it costs money to raise a child and requires both parents to contribute financially.

What Is Child Support?

Child support is a financial contribution from one parent to the other to help with the costs of raising the child. It may be used for food, clothes, housing, books, school supplies, and other direct and indirect expenses. Note that these payments may be used for the benefit of the entire household – it doesn’t have to be spent exclusively on the child. For example, a payment may be used to cover the heating bill even though that also benefits everyone else who live in that household. Unless the child is being neglected, the courts generally won’t look at what the money is being spent on.

In California, payments are due until the child turns 18. If she has already turned 18 but is still enrolled in high school full-time, you’ll have to continue to make payments until she graduates or turns 19, whichever comes first.

In almost all cases, the non-custodial parent makes payments to the custodial parent because the custodial parent handles the day-to-day care and expenses of the child. The amount of child support is determined by the family court and it’s based on the income of both parents, the needs of the child, and other factors. In practical terms, the parents’ financial information and custodial time are entered into a formula that produces a payment amount. It is possible to work with the court to try to have that amount changed if you or the other parent feel it is unfair or inappropriate. You may also be able to come to an agreement with the other parent on a different amount than the computer program suggests, although you’ll need to get court approval for the final arrangement.

Mandatory Add-Ons

In addition to the base payment amount, you may be required to include your child on your employer-provided healthcare plan or to purchase healthcare for your child, assuming the cost is reasonable. California child support laws also mandate certain add-on payments in addition to the base payment, such as uninsured medical costs and childcare. In other words, you’ll have to split those costs with the other parent on top of the regular payments.

Discretionary Add-Ons

The court may also add certain other expenses onto your regular child support payments. For example, you may be required to split the cost of private school tuition and extracurricular activities. Whether or not the court orders these additional payments will depend on a number of factors, including the quality of life to which the child is accustomed and the means of both parents.

Changes In Child Support

The amount of payments rarely changes. For example, the obligation is not affected if one parent remarries, no matter how much money their new spouse makes. The new spouse’s income isn’t part of the equation. There are, however, certain circumstances under which your obligation may be changed or ended completely.

First, you will no long have an obligation to pay if your child is adopted by another person – usually the other parent’s new spouse. That also involves completely waiving all of your parental rights, so you no longer have the right to see your child or have any say in her upbringing.

You may be able to petition the court to change the amount you have to pay if your financial condition changes significantly. For example, you may have your obligation lowered if you are seriously injured and can’t work, if you lose your job, or if you go to jail. You’ll have to petition the family court for a change; it won’t happen automatically just because your financial circumstances have changed. You may also be able to change your child support obligation if the custody situation changes such that you have custody a significant portion of the time.

Failure To Pay Child Support

If a parent fails to make child support payments for 30 days, the DMV can refuse to issue or renew their driver’s license. After 120 days, their driver’s license can be revoked altogether. The license won’t be returned until all back payments are caught up. Failure to meet a child support obligation may also be reported to the credit bureaus and hurt the parent’s credit score.

In addition, the other parent may file a motion to hold the non-paying parent in contempt of court. Depending on the circumstances, that can mean fines or jail time. The judge can order the non-paying parent to sell property in order to pay the support obligation. The judge may also order wage garnishment or have the money taken or withheld from a retirement or benefits account, including most federal benefits.

Under California child support law, the custodial parent has 3 years from the time of a missed payment to file a claim against the non-paying parent. After 3 years, that parent can no longer sue for collection.

Child Support Help

If you have legal questions about child support and your rights, we can help. Our Attorney Referral Service can connect you to an experienced local family law attorney who can explain your rights and options and help you choose the best path for your unique circumstances. Being a parent is hard enough and California child support law is complicated – an attorney can make all the difference in the world.

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Family Law

I Love you…Now Sign Here….Boomers and Prenups

If you are a boomer in California, who has been recently widowed or divorced — and you are thinking about getting married again – you might want to put on the breaks and think about a pre-nuptial agreement.

Some folks think pre-nups are ‘romance killers.’ They can be. However, if you don’t have one you can be exposed to a financial wrecking ball. At the same time, your estate plan could wind up in shambles.

California is a ‘no fault’ community property state. That means a couples’ assets are typically divided in half regardless of circumstances. Couples who wish to have an unequal division of property should enter into a pre-nup to make sure than happens.

Divorced or widowed seniors typically have more assets than younger people do and they also have more financial commitments. There is a lot at stake. Portfolios have shrunk in recent years because of the economy. It is best to sit down with your future new spouse and carefully go over your finances and your expectations. Another concern: are you jeopardizing pension or government benefits with a new marriage?

Another major reason you want to think about a pre-nup is your estate planning concerns. If you re-marry and don’t have a pre-nup and don’t have a will or trust either a major portion of your estate could very well go to your new spouse — and significantly short change your own children from a previous marriage.

The sad fact today is that the national divorce rate is 50% and the divorce rate in California is about 60%. Marrying late in life is no guarantee that relationship will last. Another sad statistic is that a major trend in California is the increasing divorce rate for long term (20 year plus) marriages. The reasons? People are living longer, the kids are grown, there is less stigma attached to divorce, Viagra, etc. It’s the world we live in.

California law permits folks to enter into a pre-nuptial agreement. You can essentially make a contract about all your property prior to getting married. The only thing you cannot contract for with a pre-nup is an agreement on child custody/visitation and child support – issues which are probably not a concern to older folks.

If you are curious, you can look up the Uniform Premarital Agreement Act, which is in the California Family Code starting with Section 1500 and above, and see the requirements for pre-nups.

There are a number of hoops you have to jump through. Some include the fact that each side should be represented by an attorney even if the other spouse only retains an attorney to read and review the agreement. Otherwise, the agreement might be voided. There is also a time limit to sign the agreement before the wedding day to avoid pressure and coercion.

If you don’t think a pre-nup fits your situation, then you might want to consider a co-habitation agreement. More boomers — afraid of the unknown — are opting to live together without getting married but you should have a good understanding of what each person expects if you do decide to live together.

Jim M. from Sherman Oaks, Los Angeles County, CA practices estate planning. He is a member of the Attorney Referral Service (ARS) of the San Fernando Valley Bar Association (SFVBA).

To learn more about the information provided above or for questions about the above content, contact us at 818-340-4529.

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