Child Support

It was recently reported by TMZ that Jesse James’ ex-wife, Janine Lindemulder, is tasking the judge to hold James in contempt for refusing to allow her to see their six year old daughter in a court ordered visitation. James allegedly refused to follow the order because he believes that Janine is a drug addict and their daughter would be at risk. Lindmulder responded by stating that she would submit to a drug test.

It is the stated policy of California under California Family Code (CFC), Sections 3020-3032 and 3080-3089, to assure that the health, safety, and welfare of any involved children will be the court’s primary concern when making any orders regarding the physical or legal custody, or visitation of children. Therefore, the court attempts to make sure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship.

Under CFC Section 3080, parents are encouraged to share the rights and responsibilities of child rearing, predominantly through joint custody, in order to ensure the health, safety and welfare of any involved children. However, where the contact between a parent and a child would not be in the best interest of the child – such as in cases of abuse, neglect, or crime – other custodial arrangements will be made.

The best possible child custody arrangement is essential to the well being of your children. It is therefore necessary that you retain our experienced legal representation as soon as you can. The child custody attorneys at Wallin & Klarich have been handling custody arrangements for more than 30 years. Our Southern California attorneys will conduct a thorough review of the details of your case, and will advocate on your behalf to get you and your family the best possible outcome. Call Wallin & Klarich today at (888) 749-7428 and visit us on our website at www.wkfamilylaw.com to speak with one of our attorneys regarding your case. We will be here when you call.

It was recently reported by ABC News that Bruce Beresford-Redman left Mexico without the Mexican authorities’ knowledge or consent. While Bruce and his wife, Monica, were on vacation in Cancun, his wife was murdered. He has yet to be charged with any crimes, but Mexican authorities have named Bruce as a person of interest in his wife’s death. There is also a separate California child custody case to decide who will get ultimate custody of Bruce and Monica’s children.

It is the stated policy of California under California Family Code (CFC), Sections 3020-3032 and 3080-3089, to assure that the health, safety, and welfare of any involved children will be the court’s primary concern when making any orders regarding the physical or legal custody, or visitation of children. Therefore, the court attempts to make sure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship.

Under CFC Section 3080, parents are encouraged to share the rights and responsibilities of child rearing, predominantly through joint custody, in order to ensure the health, safety and welfare of any involved children. However, where the contact between a parent and a child would not be in the best interest of the child – such as in cases of abuse, neglect, or crime – other custodial arrangements will be made.

The best possible child custody arrangement is essential to the well-being of your children. It is therefore necessary that you retain our experienced Southern California child custody lawyer as soon as you can. The child custody attorneys at Wallin & Klarich have been handling custody arrangements for more than 30 years. Our Southern California attorneys will conduct a thorough review of the details of your case, and will advocate on your behalf to get you and your family the best possible outcome. Call Wallin & Klarich today at (888) —— and visit us on our website at www.wklaw.com to speak with one of our attorneys regarding your case. We will be here when you call.

The Associated Press recently reported that Dr. Conrad Murray, a doctor charged in the death of Michael Jackson, lost his bid to resolve a child support issue threatening his Nevada medical license. Murray requested relief from paying about $16,000 in back child support payments to the mother of his 12 year old son. Murray could face suspension of his medical license as early as August, depending on the hearing master’s recommendation and possible appeals.

Under the child support laws in the California Family Code (CFC) Section 4050-4076, the interests of any child involved are the state’s top priority. Accordingly, a parent’s first and principal obligation is to support any minor children according to the parent’s circumstances and station in life. Both parents are mutually responsible for the support of their children. The court will therefore take into account each parent’s actual income and level of responsibility for each child. Cost of living, as well as the standard of living, in California is high compared to other states. Therefore, children must receive fair, timely, and sufficient support reflecting these realities of living in California.

The statewide uniform guideline for determining child support payment orders is generally calculated with respect to the amount of both parents’ income to be allocated for child support, any disposable income, physical custody of each child, and parties’ gross income. A more thorough equation can be found under CFC Section 4055.

Child support is essential to the health and safety of your children. It is therefore necessary to retain our experienced legal representation as soon as you can. The child support attorneys at Wallin & Klarich have been handling divorce proceedings for more than 30 years. Our Southern California attorneys will conduct a thorough review of the details of your case, and will advocate on your behalf to get you and your family the best possible outcome. Call Wallin & Klarich today at (888) —— and visit us on our website at www.wklaw.com to speak with one of our attorneys regarding your case. We will be here when you call.

It was recently reported that NBA star Dwayne Wade asked a court to grant him sole custody of his two young sons, adding to the contentious divorce and child custody proceedings with his estranged wife, Siohvaughn. The Miami Heat guard also asked that Siohvaughn undergo a psychiatric evaluation.

The couple have two boys, ages 8 and 2. They married in 2005 and separated in 2007. In divorce proceedings, Siohvaughn alleged Wade had extramarital affairs, abandoned his children, and gave her herpes (which she later recanted). Wade countered by filing more than 300 pages worth of documents with the court, alleging his ex-wife exhibited threatening behavior, had extramarital affairs, uses abusive parenting methods, and is unwilling to let the him see his children.

Wade is one of the highest-paid athletes in the world. In addition to a $16 million annual salary with the Miami Heat, he also makes millions more with endorsement contracts with Gatorade, Lincoln, Staples, Sean John, T-Mobile, Topps Trading Cards, and Nike. Siohvaughn was Wade’s high school sweetheart. It is unknown whether the two signed a prenuptial agreement before they wed.

The divorce and family law attorneys at Wallin & Klarich have many years of experience handling cases for clients facing the challenges of divorce, division of property, child support enforcement, child custody, visitation, paternity, annulment, domestic violence, and restraining orders. Given our long history of operating in the area, we have a long-standing familiarity with local courts, district attorneys, and judges that afford our clients in the Southern California area family law representation and counsel they need to assure a positive outcome in their case.

At Wallin & Klarich, we’ve seen just how stressful legal matters can be for our clients and their loved ones. If you or someone you love is facing divorce or family law matters in Southern California, you need to call Wallin & Klarich today for an evaluation of your case. Call 1-888-749-0034 or visit www.wklaw.com to get in contact with an attorney today. We will be there when you call.

If you were ordered by a court to pay child support, and you are now in arrears, it is likely that your request for a U.S. Passport will be denied by the U.S. Department of State. States submit child support cases with past-due amounts to the Office of Child Support Enforcement (OCSE), which in turn places the name of the individual in a database searched by the Department of State prior to passport approvals.

Under Section 51.70(a)(8) of Title 22 of the Code of Federal Regulations, a passport, except for direct return to the United States, shall not be issued in any case in which the applicant has been certified to be in arrears of child support in an amount exceeding $2,500.00.

Although the U.S. Department of State has the ability to deny a passport application, they do not have the authority to release an individual’s name to obtain the passport without an authorization from the state child support enforcement agency. In order to clear the denial, the individual must contact the state child support agency that submitted the arrears notice in the first place. Depending on the state, the individual will have to either bring the balance to current, or guarantee an acceptable payment plan for the unpaid balance. Once an arrangement is made with the state child support agency, it usually takes one week for the individual to become eligible for their passport.

A child support matter can be very complex, and adding federal regulations further complicates matters. Let an experienced family law attorney review your case and assist you in lifting the hold on your U.S. Passport application. The law firm of Wallin and Klarich is prepared to answer your legal questions and is immediately available to assist you with your case. Contact us today at 888-280-6839 or visit our website at www.wklaw.com for additional information.

If a party was ordered to pay child/spousal support and they lose their job, the court can help with child support enforcement by making orders requiring a parent to participate in job training, vocational rehabilitation and work placement programs at regular intervals and durations specified by the court, and to provide documentation of participation in the programs. In addition, the court can require the unemployed parent that defaulted on their support obligation to submit periodic proof of applications for employment to the court every two weeks of at least five places they have applied for employment. The court will then ascertain whether the parent has made good faith attempts at job training.

You can bring a contempt action for violation of child support order when the other party fails to seek and accept available employment consistent with the parent’s abilities.

A contempt proceeding is classified as quasi-criminal in nature, meaning that the obligor-citee, the spouse violating the child support order, has some of the constitutional rights of a criminal accused. A contempt is criminal in nature if the contemnor is imprisoned for a set, unconditional period of time; and likewise if the contemnor is ordered to pay a fine to the court. A contempt is civil in nature if the contemnor is ordered imprisoned only until he or she performs and act ordered by the court, or if ordered to pay a compensatory fine. The contempt action must be commenced no later than three years from the date the payment was due.

It is very difficult to meet the burden of proving a party is in violation of a child support order. Further, the court will not hear the matter unless it is properly presented to the court. If you do not have the knowledge of the court procedure and evidence rules you will not be successful in your contempt hearing. Therefore, it is imperative to retain the services of a knowledgeable Southern California family child support attorney to assist you in filing the proper documents for the contempt hearing and properly presenting the evidence to the court that the other party is in violation of the child support order.

Wallin & Klarich has more than 30 years of experience in family law and criminal law. Our attorneys will aggressively fight to get you the best possible outcome in your case. With offices throughout Southern California, we can be there when you need us — wherever you are. If your former spouse has missed child support payments, or if you’re thinking of hiring an attorney for any family law matter, call us today at 1-888-749-7428 for a consultation, or visit us on our website at www.wkfamilylaw.com. We will be there when you call.

Enduring a divorce or child custody proceeding is often a lengthy and draining ordeal on an individual. Child support and Spousal Support are two issues that are often addressed based upon the parties’ finances at the time the judgment is entered. However, financial situations are constantly changing, and your court-ordered support amount may be inaccurate after changes in your life or the other party’s life. Job promotions, loss of employment, and new family additions are only a few examples of such changes. It is important to know that you can modify the amount of child support payments you give or receive.

Normally, you must first request a hearing with the court, and then ask the other party for updated information about their employment, monthly income and expenses, etc. However, you should be aware that there is a simpler and faster method of discovering the financial information you need to determine whether your support order should be changed.

The child support law, under California Family Code 3664, allows either the party ordered to pay support or the party receiving support to request that the other party produce an updated Income & Expense Declaration once every year. The producing party must also attach their most recent pay stubs, as well as their most recent tax return. A failure to produce the documents could lead to monetary sanctions (penalties), and would allow the asking party to request information directly from the other party’s employer. This request can be made without filing a request for a hearing, and once you receive the financial information from the other party, you will have a better idea of whether or not to request a change in your support amount.

A divorce or child custody proceeding is often a confrontational and emotional time, but the events after a judgment can be even more frustrating. Let an experienced Santa Barbara child support attorney to review your case and determine whether you are entitled to a modification of your child, spousal, or family support order. The law firm of Wallin and Klarich is prepared to answer your child support questions and is immediately available to assist you with your case. Contact us today at 888-749-7428 or visit our website at www.wkfamilylaw.com for additional information.

Going through a divorce, child custody proceeding, or both can be one of the most stressful and emotional events in an individual’s lifetime. Although the parties’ finances are addressed, the parties often fail to realize the different tax effects that a family law case creates. With tax season upon us, it is critical that you consider or reevaluate the various taxes and deductions available.

Under Internal Revenue Code Section 71, California payments for spousal support or alimony are tax deductible to the party paying the support, and the payments are taxable to the party receiving the support. However, in order to claim spousal support or alimony as a deduction on your income taxes, a number of requirements must be met.

For example, it is required that the payments be received under a divorce or separation instrument, including a judgment, written separation agreement, or order requiring support payments (such as a temporary order). Even upon a final judgment, a deduction for the spousal support or alimony payments will not be allowed if the parties are still living in the same home. Finally, the payments cannot be “child support,” which is generally non-deductible to the party making payments.

A family law matter can be very emotional, and adding tax implications further complicates matters. Let an experienced Riverside County family law attorney review your case and reassure you that you are receiving the best tax benefits available to you. The law firm of Wallin and Klarich is prepared to answer your family law questions and is immediately available to assist you with your case. Contact us today at 888-749-7428 or visit our website at www.wkfamilylaw.com for additional information. We will be there when you call.

Child support and spousal support serve different purposes, implicate different policies, and are governed by different rules.

Under child support law in California, a child has a right to be maintained in a lifestyle that is consistent with what the child is accustomed to while living with his or her parents. This includes maintenance and education. The spousal support statute, however, requires only a consideration of the parties’ standard of living in awarding spousal support.

Child support awards are highly regulated and are relatively fixed orders based on strict statewide guidelines. The state guidelines consider factors such as visitation rights of the parties, the income of each party, health insurance paid by a party, day care expenses, etc. On the other hand, case law requires spousal support awards to be the product of the independent exercise of judicial discretion and requires the weighing of several different factors including any factors that the court deems just and equitable. The relevant factors the court considers include the ability to maintain the marital standard of living in light of certain capacities; contributions to the other spouse’s education, training, etc; the supporting spouse’s ability to pay; needs in light of the marital standard of living; the parties assets and debts; duration of the marriage; the age and health of the parties; any history of domestic violence; tax consequences; and the balance of hardships to each party.

The parties may agree to waive spousal support; however, public policy prohibits the waiver of child support.

The state’s legislative policy on child support is to make children the state’s top priority. The statutory child support duty normally terminates when the child reaches the age of 18. The legislative policy on spousal support is for the spouse’s to be self supporting within a reasonable period of time.

Child support and spousal support can be complex. It is important to seek an experienced family law attorney to assist you in your support matter. At Wallin & Klarich, our Tustin child support attorneys have over 30 years of experience in family law. Our attorneys will fight to get you the best possible outcome. Call us today at (888) 749-7428 or visit us on our website at www.wklaw.com. We will be there when you call.

Every time the tax laws change, that might also mean that your guideline child support payment will change. 2010 was no exception. The reason why this happens is because child support is calculated by using the parents’ net disposable income, i.e, income left over after paying taxes. If you or the other parent is now paying more or less taxes than you were before, due to the new laws, then the child support payment may be modified. It may be modified only slightly, but it may also be significant.

This may be especially important to look into if it has been a long time since child support has been calculated. Over time, as income changes, a person’s tax bracket might change with it, or other things might have changed, such as how much money one gives to charitable causes. The laws that affect how taxes are calculated will also affect child support.

If you have any other questions about how the new 2010 tax law changes would change your child support payment, call us today. We are here to answer your questions.

If you or a loved one wants to change your child support payment or avoid having it changed , the family law attorneys at Wallin & Klarich can help you through the process. Our experienced San Diego California child support attorneys can provide you with legal advice and will be your advocate in a family law court. If you’re thinking of hiring an attorney for a family law matter, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.