Articles Posted in Child Support

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Do you have an existing #California #childsupport order in place? Have you been making payments towards that California child support obligation? Are you in arrears in your California child support payments? Do you need assistance in modifying your present obligation to an affordable monthly payment amount? If so, please consult an Orange County child support attorney to either modify your payment, bring your payments current and/or assist in resolving any existing child support arrears. Failure to make payments on an existing California child support order can cause conflict, problems and a potentially endless tangled relationship with the Department of Child Support Services. Other obstacles that may directly affect the obligor include the withholding of a driver’s license or U.S. Passport and even jail time.

An article that was released some months ago indicated that an illegal immigrant, who failed to pay child support, was sent to prison. A 33-year-old illegal immigrant was then sentenced to four years in prison after failing to pay child support for two children he fathered with a Sheboygan woman, according to court records.

If you have a #child #support issue that you need to be resolved contact the Law Offices of David Schwarz today for help.

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A custodial parent’s active concealment of a child may justify some relief to the support obligor. Although such concealment does not affect the underlying mutual duty of support of the parents, it may estop the custodial parent from recovering unsatisfied child support arrearages.  Marriage of Damico (1994) 7 C4th 673. Child support payments cannot be made to a person who cannot be found and has chosen to go into hiding with the parties’ child.  But for the estoppel defense to be successfully asserted, a noncustodial parent must be able to show that he or she made reasonable diligent efforts to locate the missing custodial parent and children. The defense can last until the child reaches the age of majority.

If a noncustodial parent later locates the child and the other parent, the prior concealment will not affect the noncustodial parents continuing obligation for child support, although the estoppel defense may bar enforcement of prior arrearages accruing during the period of active concealment.  The act of concealment operates only as a prospective waiver of child support pending the noncustodial parents locating the child.

Contact a Santa Ana child support lawyer today.

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When going through a divorce or financial matter, you will almost certainly have to fill out an Income and Expense Declaration (FL-150 form).  This form is required if financials are at issue. Let me explain further.  If you want to modify or implement a child support, spousal support or attorneys fees and costs order, an Income and Expense Declaration is required.

The form also requires the party to attach the last 2 months of paycheck stubs (or a Profit and Loss Schedule C statement) and the preceding two years of tax returns.

When completing the Income and Expense Declaration, it is best to have an attorney check it to ensure the figures are accurate. Further, on page 3 of the form, you will have to itemize your monthly expenses so you will also want an attorney to check that the numbers coincide with the gross monthly income coming in.

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Do you have an existing California Child Support order in place? Have you been making payments towards that California child support obligation? Are you in arrears in your California child support payments? Do you need assistance in modifying your present obligation to an affordable monthly payment amount? If so, please consult an Orange County child support attorney to either modify your payment, bring your payments current and/or assist in resolving any existing child support arrears. Failure to make payments on an existing California child support order can cause conflict, problems and a potentially endless tangled relationship with the Department of Child Support Services. Other obstacles that may directly affect the obligor include the withholding of a driver’s license or U.S. Passport and even jail time.

An article that was released some months ago indicated that an illegal immigrant, who failed to pay child support, was sent to prison. A 33-year-old illegal immigrant was then sentenced to four years in prison after failing to pay child support for two children he fathered with a Sheboygan woman, according to court records.

If you have a Child Support Issue that you need to be resolved contact an Orange County Child Support Lawyer today for help!

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If you are involved in a divorce or paternity action involving children, you are going to want to seek child support.  What are some of the basics that the court uses to determine child support?  First, the more time you spend with the children, the less child support you will pay.  Child support is based on a computer program called the Dissomaster wherein several factors are used to determine a child support amount.  Timeshare with the child is one of those factors.  Other factors the court takes into consideration in determining child support is gross monthly income.  The amount of money you make on a gross monthly basis gets put into the program.  Additional factors like dependency exemptions, tax filing status, health insurance deductions, bonus income, mortgage interest deduction, property tax deduction, child care expenses etc. are also factors the court uses to determine child support.

It’s important that once an order for child support is issued, that you comply with the order. Otherwise, if you do not comply, you could face Contempt.  If you have a child support order and you cannot afford to pay it because you lost your job or you’re on disability, find an attorney to help you modify the child support order.

David P. Schwarz can assist you in any child support matter you may have. Call today.

Ludacris’ custody battle with the mother of his four-month-old baby is going from bad to worse. The rapper has been ordered to pay $35,000 to Tamika Fuller, with whom he fathered a child last year, to pay for Fuller’s legal fees, RadarOnline.com reports. A judge also shot down Luda’s request to hold Fuller in contempt of court, instead siding with Fuller.

Matters between Luda and Fuller have been contentious from the start. The “Southern Hospitality” rapper fathered the child, named Cai Bella Bridges, while still in a relationship with model Eudoxie. He admitted to paternity of the baby girl in January, and then weeks later accused Fuller of plotting to extort him for money.

Cai is Luda’s second child; he has a 12-year-old daughter named Karma from a previous relationship.

Happy 2014! Happy New Year to all our readers!

Let’s start this year off on the right path with a positive post about a parent paying off their child support debt.

According to reports, R. Kelly has paid off his $114,000 child support debt he owed to the mother of his child(ren).

In the case of Childs v. Childs, a mother and father of two minor children divorced in 2005. The mother was awarded sole legal and physical custody of the children and the father was ordered to pay child support. The father then joined the Army a year later.

Five years later, the mother filed a motion to modify the standing child support award, seeking to increase the father’s support obligation due to an increase in his income. The father did not respond to the motion to modify until the superior court informed him that it was prepared to award child support in the amount requested by the mother if the father did not file an opposition. The father then opposed the motion, arguing that the Servicemembers Civil Relief Act protected him from adverse civil actions because he was actively serving in the United States Army and contended that the mother had not properly served him with notice of the modification proceeding. Furthermore, he argued that the superior court should deduct the Basic Allowance for Housing that the father received as a servicemember from his income calculation. The superior court modified the parties’ child support award without holding a hearing, ordering the father to pay increased child support.

The father appealed, raising three challenges to the superior court’s decision. Upon careful consideration of the father’s arguments, the Supreme Court affirmed the Superior Court with respect to the father’s challenges as follows:

In the case of Breedlove v. Breedlove, after a jury trial (note: California does not have jury trials in family law cases), the trial court entered a final judgment and decree of divorce for the parties. The jury found that Husband’s gross monthly income was $10,833.00 and found that Wife’s gross monthly income was zero.

These findings resulted in a presumptive child support amount of $1,663 per month for the parties’ two minor children who lived with Wife. Upon calculating the presumptive amount of child support, Wife made an additional argument to the jury, requesting an upward deviation of the presumptive child support amount. The jury deliberated further and made an upward deviation of $337 such that the final child support award was $2,000 per month.

Wife moved for a new trial, contending the verdict was unsupported by the evidence because the jury failed to include income from fringe benefits Husband received from his employer in its finding of Husband’s gross monthly income. She argued the jury’s failure to include income from fringe benefits in its finding of Husband’s gross monthly income resulted in an erroneous calculation of the presumptive child support amount.

The Indiana secretary of state has suspended the licenses of two stockbrokers after discovering they were delinquent making child-support payments.

Kenneth McCabe, 41, Agua Dulce, Calif., owes more than $70,000 in Lake County, according to a news release from the state agency. Jeffery Everaert, 54, Valparaiso, owes more than $14,000 in Porter County. Both counties are in Northwest Indiana.

They no longer are licensed in Indiana to sell securities, and are the first securities professionals to have their licenses suspended under a law that took effect in July 2012. The two can ask the secretary of state’s office to have their licenses restored if they arrange to make child-support payments through their county prosecutors.