I am not the biological father of the children of my spouse. Do I need to pay child support for the children of my spouse after a divorce? [California Family Code Section 7611(d) and 4053]
I am not the biological father of the children of my spouse. Do I need to pay child support for the children of my spouse after a divorce? [California Family Code Section 7611(d) and 4053]
The answer to this kind of question will depend on the facts of your case. California Family Code Section 4053, states that "a parent’s first and principal obligation is to support his or her minor children according to the parent’s circumstances and station in life." Therefore, before the court can make a child support order against anyone, it must first determine who the parents of the minor children are. How…
Read MoreWhat Can I Do If I Have Been A Victim Of Domestic Violence? – Family Code Section 6220 – 6229
Domestic violence in California refers to any violence inflicted upon a spouse, co-parent, cohabitant, past or present romantic partner, child, or family member. Domestic violence is a crime. If you or a loved one is a victim of domestic violence in California, it is critical that you contact a California domestic violence lawyer who will protect your legal rights. You and your loved ones don’t have to hurt and suffer…
Read MoreCan I Modify a Visitation Order Denying Me Visitation With My Stepchild? [Family Code Section 3101(a)]
Under California Family Code Section 3101(a), the family law courts may grant a stepparent visitation with a stepchild if the court determines that it is in the stepchild’s best interest. It is important to note that the preferences of the natural parents will take precedence and may limit the visitation you, the stepparent, may have with your stepchild. Moreover, the court will deny your stepparent visitation with your stepchild if…
Read MoreIs My Waiver of Spousal Support in My Prenuptial Agreement Enforceable?
Spousal support limitations and waivers are authorized under the California Premarital Agreement Act (CPAA), and in 2001, the state legislature amended the CPAA with regard to spousal support waivers in prenuptial agreements. The amendment stated, “Any provision in a premarital agreement regarding spousal support, including, but not limited to a waiver of it, is not enforceable if the party against whom enforcement of the spousal support provisions is sought was…
Read MoreDo I Have To Pay For My Spouse’s Credit Cards Even Though My Name Is Not On Them When Getting A Divorce?[Family Code Section 2550]
When dividing community property in a divorce or legal separation, many people believe that the division only applies to property with a positive value and not a negative one. This is a misunderstanding. The California family courts must divide any credit card debt equally between both spouses, regardless of whose name is on the credit card. How Is Community Property Divided In A Divorce? Under California Family Code Section 2250,…
Read MoreIf I Request a Paternity Test For Purposes of Child Support, Do I Have to Take a Paternity Test at the Lab the Department of Child Support Contracts With?[Family Code Section 7570]
When a mother seeks to obtain child support from the alleged father of her child and opens a case with the Department of Child Support Services (DCSS), DCSS will file a complaint to establish who the father of the child is and to set an amount for child support to be paid. In response to the complaint, the alleged father can deny being the father of the child and request…
Read MoreI am getting a divorce, how are community property debts divided? – Family Law Code 2550
Under California Family Code 2550, the court must divide the community debt equally between you and your ex-spouse when getting a divorce, unless you agree otherwise. Community debt is any debt that was acquired during your marriage up until the date that you and your spouse separated. Even if your name is not on the debt, you will still be responsible for paying it back. Acquiring community debt can substantially…
Read MoreI want to have a peaceful and quick divorce. Is divorce mediation a good option?
If you are going through a quick divorce, mediation can provide an opportunity for both you and your spouse to negotiate the terms of your divorce in a peaceful manner. The goal of mediation is for both you and your spouse to find solutions and reach an agreement regarding all the issues that arise during a divorce, including: Custody and visitation Division of Property Spousal support Child support Read about a…
Read MoreWhat is guardianship in San Bernardino and who can be a guardian?
What is Guardianship? A guardian will have both physical and legal custody of the child. The guardian will be responsible for making decisions about the child’s well being and physical care of the child. A guardian is typically not a birth parent of the child, but is an adult that is willing and able to assume these responsibilities. The parent, child or court may nominate a guardian. San Bernardino Guardianship…
Read MoreWhat is the Process for Divorce in Victorville? [Family Code Section 2300]
When filing for divorce, you are essentially asking the court to dissolve your marriage, terminate your marital status, and to restore your status to that of a single person. Additionally, in a divorce you are asking the court to make a determination on issues of child custody, child visitation, and child support if minor children are a part of the marriage. If you are considering a divorce, you need an experienced…
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