Call Today!

626.788.9864

Recent Posts in Child Support Category

  • Can I request that the other parent undergo a vocational evaluation in a post-judgment proceeding without also requesting a modification in either child or spousal support?

    In the highly contentious case of Stupp & Schilders, the First District reversed a San Mateo County trial court’s order requiring W to undergo a vocational evaluation even though there was no pending support motion “and no good cause to order a vocational evaluation. It held that “where there was no support-related motion pending there was no good cause to order a post-judgment vocational ...
    Continue Reading
  • 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 ...
    Continue Reading
  • 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 ...
    Continue Reading
  • 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 ...
    Continue Reading
  • Afraid of Going Back to Court for a Modification Order?

    The other parent keeps threatening to take me back to Court, what can I do to minimize or prevent this from happening? Often times I have clients provide with a mediation agreement or an Order After Hearing telling me they thought the case was done and that the orders they had were permanent orders. This is not the case. In fact, these initial orders are referred to as temporary orders that are ...
    Continue Reading
  • Can I be charged with contempt for not paying child support when I have been previously charged in a contempt proceeding involving non-payment of support for another time period?

    The issue of multiple contempts came up in IRMO Rice & Easton (2012) whereby the court held that a party's repeated failure to pay his monthly obligation did not preclude the other party from filing a subsequent contempt of court for that parent's continued non-payment of support. In this case, father was delinquint in his child support obligation in excess of $96,000. Child Support Services ...
    Continue Reading
  • Are all business expenses deductible from a parent's self-employment income in calculating child support?

    A relatively recent case came down that discussed this very issue. In IRMO Sorge (2012), father sold a lucrative business for which support was previously based. Father took the proceeds from the sale of the business and invested them into a start up company. The start up company required substantial investment of capitol to open it's doors. Father wanted to use these expenses to offset his income ...
    Continue Reading
  • How to Calculate Child Support

    You can use the state of California's Guideline Calculator to get an estimate of what your child support amount will likely be. It is important to remember that this is simply an estimate , and that is best to consult with a trained lawyer when determining how you may be affected by a child support order. Parents who are dealing with child support cases should be aware of how these support amounts ...
    Continue Reading
  • How does the tax filing status effect the amount of child support I pay?

    Tax Filing Status: Definition: * Single: You intend on filing as a single person and taking the default deduction given by the IRS. Currently $5,000 (Subject to change). * Married Filing Jointly to Same Spouse: You and your former spouse are planning on filing together for the current tax year and claiming the "Married" Deduction. Currently $10,000 (Subject to change). * Married Filing Jointly to ...
    Continue Reading
  • Los Angeles County Timeshare plans

    Definition: Timeshare is the principal factor in the child support formula. The more time you are responsible for your child/children, the more resources it requires. Common Timeshare Plans: 20%: every other weekend pick up from school to Sunday night and dinner visit from 3-7 p.m. midweek. 35%: Every other weekend and alternating weeks in the summer. This is a favorite of people living 50+ miles ...
    Continue Reading
  • Imputation of Income for Primary Custodial Parent

    Although the court can typically impute income to a parent in a California child custody to honor the legislative intent that both parents are required to support their minor children, a recent case turned this rule on it's head. The recent case of IRMO Ficke held that a Trial court in calculating child support abused its discretion by imputing income to the custodial parent-—who was drawing ...
    Continue Reading
  • How far back will an initial Ca order for child support go?

    An initial child support order can be made retroactive to the date the Petition is filed. This is set forth below in Ca Family Code section 4009: An original order for child support may be made retroactive to the date of filing the petition, complaint, or other initial pleading. If the parent ordered to pay support was not served with the petition, complaint, or other initial pleading within 90 ...
    Continue Reading
  • CA Child Support Cases by District Attorney

    In years past, Child Support Orders through the county were both obtained and enforced through a branch of the District Attorney. However, this is no longer the case, but there is now a centralized location in each county where child support orders are made, modified or enforced if the following two conditions are met: 1) A person seeking support is receiving public assistance from the state of or ...
    Continue Reading
  • Ca Child Support Factors

    Due to the extensive answer go this frequently asked question, I have broken my response into a two part series. The first part deals with factors that apply to the great majority of people while the second part deals with other factors that are important, but are less frequently occurring. The factors considered in calculating child support is often oversimplified by so called "free calculators" ...
    Continue Reading
  • Modification of Ca Child Support Orders: Legal Requirement

    What is the legal requirement to modify a Ca child support order? It depends on whether the prior order was the detrmination of a Ca Guideline Support order or whether it was a non-guideline agreement of the parties. All support orders, even those based on the agreement of the parties, are modifiable proseptively, except for spousal support orders that the parties have previously agreed may not be ...
    Continue Reading
  • Can gifts be considered income for Ca child support purposes?

    Can gifts from family members be treated as income for child support services? The law is ever changing and it is important to be familiar with the changes in the law as they can dramatically effect the outcome of your case. I. 2009, the Ca appellate court in a case referred to as IRMO Alter. In Alter, Husband was receiving $4,000 a month from his mother. This gift was consistently given and was ...
    Continue Reading
Page 1 of 1