The Economy is Having a Profound Effect on Orange County Divorce
The Economy is Having a Profound Effect on Orange County Divorce
The fledgling economy in America has created more difficulties and hardships for divorcing couples especially if they have children. Many Orange County divorce lawyers have been involved in far more litigated and contentious divorces because of issues of housing debts and child custody issues. Many requests have been made to relocate children in custody disputes as it has been commonly necessary to move and relocate in these hard economic times.…
Read MoreCan I Change the characterization of our Community Property to my Separate Property?
I am married and my spouse and I want to change some of our community property to my separate property. Is it possible for me to change the characterization of our community property to my separate property? We get asked this question from time to time and the answer is yes. The Family Code allows for this under what is often referred to as a transmutation agreement. Under Family code…
Read MoreWhen Does A Child Come Under Welfare And Institutions Code Section 300 (b)?
A child comes within the jurisdiction of the juvenile court which may adjudge that person to be a child of the court. A child comes under Welfare and Institutions Code Section 300 (b) if “the child has suffered, or there is substantial risk that the child will suffer, serious physical harm or illness, as a result of the failure or inability of his or her parent or guardian to adequately…
Read MoreA Complete Marital Settlement Agreement Can Help Prevent Future Conflict
Divorce is one of the most difficult processes a person can go through. Often a divorce proceeding is contentious and challenging. Parties involved may use the court proceedings as an avenue to vent their frustration and disappointment with the fact that they are involved in a divorce. However, some divorces are amicable, and the parties involved are able to agree to most or all the terms of the divorce. In…
Read MoreYou Can Be Charged Interest on Delinquent Child Support Payments In California?
In California, both parents have a legal duty to provide financial support for their child. Child support is money paid by both parents to meet the child’s living and medical expenses. This duty extends to both parents regardless of whether the child’s parents are married or not. Although there exists a legal duty for support, and consequences for failing to provide support, many people continue to be delinquent in their…
Read MoreHow Religious Beliefs Can Effect Your Parental Rights in a Child Custody Matter
The answer to this question largely depends on whether or not you have joint legal custody with your ex-wife or you have court ordered sole legal custody of the child. If you have been awarded sole legal custody of the minor child, then you alone can make all the decisions that affect the minor’s health, welfare, education, well being, religious and medical decisions and concerns without the consent of the…
Read More“Reasonable Cost” in Child Support Cases? (Fam.C. §3751)
It used to be anyone’s guess as to how much is “reasonable cost” for a parent to provide health insurance through their employer pursuant to court order under the law. All a parent could do was ask the court to consider their situation on a case by case basis, if they believed they had to pay too much. In theory, the court would look at how much the parent earned and compare…
Read MoreChild Custody Issues: Providing Health Insurance For My Child
Whether or not a parent or both parents are required to provide health insurance for a minor child is a common question that arises when dealing with child custody and visitation cases. Sometimes one parent’s employer will provide such coverage, or sometimes the employer for both parents will offer health insurance for the minor child. In either of these cases, the parent’s usually do not mind providing health insurance for…
Read MoreCan a Grandparent Seek Child Support?
We recently received a call from a mother who indicated that she had custody of her minor child but had been unemployed for a very long time and was unable to provide any clothing, food, etc. for the minor child. The caller stated that the minor child had been supported by her mother (the minor child’s grandmother) for over 14 years. The mother wanted to know if her mother (the…
Read MoreWhat Is The Difference Between A Guardianship And An Adoption?
In California, guardianship over a minor occurs when the court orders someone other than the child’s parents to have custody of the minor. A guardianship of the person is typically set up because a child is living with an adult who is not the child’s parent, and the adult needs a court order to make decisions on behalf of the child. Often times people mistake a guardianship with an adoption.…
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