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Blog Posts in November, 2016

  • Determining the Date of Separation

    How does the Court currently determine the date of separation in a California family law action? A recent case came down that drastically changed the criteria for determining what the appropriate date of separation is. Previously, had parties objectively acted in such a way that showed others that they were living separate and apart (opening separate bank accounts, filing separate tax returns ...
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  • Restricting Visitation Because of Child Support

    The other parent is either not paying or is always late on paying their child support, do I have to allow him or her to visit my child? Yes. The right of child visitation cannot be expressly conditioned on the other parent's timely payment of support. The appropriate remedy for non-payment or late payment of child support is to either bring a contempt action, obtain a wage assignment or to enlist ...
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  • Child Concealment & Child Support

    Can I limit or restrict my child support obligation as a means to enforce my visitation rights with my child? The answer to this question rests on whether the child is secreted/hidden until the age of majority or ends before that time. The Court found in IRMO Comer (1996) 14 Cal.4th 504 that a custodial parent's concealment of the child is not a defense to the collection of child support arrears ...
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  • Child Support and Enforcing Visitation

    The other parent is interfering with my visitation. May I withhold child support to get him or her to comply with the existing visitation order? No. Absent providing actual evidence of concealment, you may not withhold the payment of child support to the other parent. For example, if the other parent is frequently late to the exchanges or doesn't permit visitation at all, your appropriate remedy ...
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