Orange County Divorce Lawyer Blog

Maryland officials state that they had seized $400,000 in overdue child support payments from one parent, the largest such collection state history.

"I hope that this collection sends a clear message to non-custodial parents that Maryland is committed to collecting the support that is due to our children," said a statement from Ted Dallas, the secretary of the Department of Human Resources.

From an Orange County divorce lawyer's perspective, there are ways to get an obligor to pay his or her child support payment. Here are some of the ways:

1. Wage assignment;
2. Levy on a bank account;
3. Withholding driver's license;
4. Withholding passport.

The goal is to get the obligor to support his or her child.

With such a large collection of $400K, hopefully obligors in Maryland and throughout the United States will get the message that children need to be supported. Secondly, if someone had $400,000 on deposit in their bank account, why haven't they coughed up the money to support their child?

For more information on modifying your child support payments in Orange County or Los Angeles County, contact an Orange County child support lawyer for more information.

Source: State collects $400,000 child support payment, largest ever

It looks like the Orange County divorce between Kobe Bryant and Vanessa Bryant is well under way.

Perhaps even a divorce settlement has been reached. TMZ is reporting that the parties have already transferred home to each other. Kobe allegedly signed over his community property interest in the former family residence in Newport Coast to Vanessa along with a nearby mansion (where Vanessa's mother has been living) over to her. In exchange, Vanessa signed over a community property interest in a third Newport Coast home (which is currently under construction) over to Kobe.

From an Orange County divorce lawyer's perspective, we currently await the outcome of what type of settlement Vanessa will get. After all, the parties did not sign a prenuptual agreement. In addition to financial issues such as coming to a resolution relating to child support and spousal support, the parties will also have to deal with child custody and child visitation issues. If there are outstanding community property assets and debts that have to be resolved, the parties will have to deal with those issues as well.

At any rate, if you are contemplating filing for a Los Angeles County or Orange County divorce, contact an experienced and reputable Orange County divorce lawyer for more information.

Source: Kobe Bryant and Vanessa Horse Trade Houses in Divorce

According to TMZ, Dan Cortese has filed for a Los Angeles County divorce from his wife, Dawn. The parties married back in 1994 and have two minor children together. Further, according to court documents, the couple put their Malibu home on the market back in June of this year.

From an Orange County divorce lawyer's perspective, the parties here will have to deal with issues relating to spousal support, child support, child custody and child visitation.

Considering the parties were married back in 1994 and if their date of separation was sometime this year in 2011, this would be a marriage of long duration, which means the recipient spouse would be entitled to spousal support for more than 1/2 the length of the marriage and that the court would retain jurisdiction over same.

For more information on filing a divorce in Los Angeles County or Orange County, contact an Orange County divorce lawyer for more information.

Source: Dan Cortese Files for Divorce

The writer behind the HBO hit, Sex and the City, Candace Bushnell, is divorcing her husband of nine years. In 2002, Bushnell married ballet dancer, Charles Askegard.

A friend told the New York Post: "This has been coming for a long time. They have been living increasingly separate lives. Candace has been spending more and more time in the country at her house in Connecticut, while Charles has been in the city working. He has been going through a huge career transition."

From an Orange County divorce perspective, the parties herein will have to work out issues pertaining to spousal support. Since the parties were married for less than ten years, in California, the recipient of spousal support would be entitled to receive same for one half of the length of the marriage. From reports throughout the web, it is unknown if the parties have any minor children together. If so, they would also have to work out issues pertaining to child custody, child visitation and child support.

At any rate, if you are contemplating filing a Los Angeles County or Orange County divorce, contact a reputable Orange County divorce lawyer for more information.

Source: Sex and the City creator Candace Bushnell files for divorce from ballet dancer husband of nine years

In an action for child support in Los Angeles County or Orange County, what will the court require a party to pay as and for additional child support?

Family Code section 4062(a) provides that a court "shall" order the following costs to be paid as additional child support:

1. Child care costs related either to employment or to reasonably necessary education or training for employment skills.

2. Reasonable uninsured health care costs for the children. Except as provided in Family Code section 4063(e), there is a rebuttable presumption that amounts actually paid for the children's uninsured health care needs are reasonable.

From an Orange County divorce lawyer's perspective, child support encompasses relevant child care related costs and reasonable uninsured health care costs.

For more information on child support, contact an Orange County child support lawyer for more information.

Well this comes as no surprise. We all knew this woman was looking to extort Justin Bieber and gain publicity. Reports have now surfaced that Mariah Yeater dismissed her paternity lawsuit last week. Yeater's lawyers apparently dropped the case after receiving a call from Bieber's lawyer threatening to sue.

Additionally, Bieber was prepared to take a DNA test to disprove Yeater's claims.

What is also interesting to note is that Yeater may have also faced statutory rape charges. In the State of California, the age of consent is 18, and Bieber would have been 16 at that time of the alleged sexual encounter, according to Yeater's accusation.

"It's sad that someone would fabricate malicious, defamatory and demonstrably false claims," a rep for Bieber previously told PEOPLE in a statement. "We will vigorously pursue all available legal remedies to defend and protect Justin against these allegations."

From an Orange County divorce lawyer's perspective, taking a DNA test is pretty standard in paternity lawsuits involving potential fathers who are not sure if they are indeed the child's father. Either way, a DNA test is a sure way procedure to find out if you are the father. If so, you could be exposed to potential child support, child custody and child visitation issues.

Contact an Orange County divorce lawyer for more information.

Source: Justin Bieber Paternity Suit Dropped: Report

Charmed star, Holly Marie Combs, has filed for a Los Angeles County divorce from her husband, David Donaho, after 7 years of marriage.

The couple have been together for more than a decade after meeting on the set of Charmed, with the co-leading lady partnering up with the then-key grip of the production back in 2001. The couple have three kids together, Finley, 7, Riley, 5, and Kelley, 2.

From an Orange County divorce lawyer's perspective, some of the issues that have to be dealt with are child custody, child visitation, child support, spousal support and property division.

We also note that the couple was only married for 7 years, which means the recipient of spousal support will only get support for one-half of the length of the marriage since this is a short-term marriage.

At any rate, if you are considering filing for divorce in Los Angeles or Orange County, contact an Orange County divorce lawyer for more information.

Source: Holly Marie Combs No Longer Bewitched by Husband, files for divorce

The internet and media was a buzz last week about a claiming that the father of her newborn baby girl is pop star, Justin Bieber. Maria Yeater, age 20, gave birth to a baby and claims that they had a quick sexual encounter after a concert, resulting in Bieber being the father of her child. However, Bieber quickly denied said claim, claiming that he has never met the young girl.

Reports are surfacing as to whether Bieber will be forced to submit to a DNA test to prove or disprove whether or not he is the father of the child.

From an Orange County divorce lawyer's perspective, it is possible that the court could order Bieber to submit to a DNA test to get the issue out of the way. Indeed, if Bieber indeed never met Yeater, a DNA test may be the only way to clear his name.

However, Yeater's attorneys state that they have "credible evidence" to prove their case and are seeking a "modest and rightful" settlement.

If Bieber is determined to be the father of the child, Yeater would be entitled to a good chunk of money in child support until the child is no longer a minor. Given the wealth of Bieber, Yeater could potentially receive thousands of dollars in child support.

At any rate, if you are in involved in a Los Angeles County or Orange County paternity lawsuit and would like assistance on any child custody, visitation or child support issues, contact an Orange County divorce lawyer for more information.

Source: Justin Bieber: What Could happen with the paternity suit?

Last Thursday, Jim Carrey's daughter, Jane, filed for divorce from her husband, Alex Santana. The couple were only married in November of 2009. The couple have a 20 month old son named Jackson.

Jim Carrey, 49, confirmed his daughter's separation from her husband of one year in December of 2010. "The couple will remain friends, as well as devoted parents to their [son] Jackson Riley," his rep, Marleah Leslie, told Us at the time.

From an Orange County divorce lawyer's perspective, the couple were married for only a short time- a short term marriage. So any spousal support owed should only be for one-half of the length of the marriage.

Additionally, the couple have a 20 month old son, Jackson. They will have to work out a child custody and visitation schedule along with a determination of child support.

At any rate, if you are contemplating an Orange County or Los Angeles County divorce, contact an Orange County divorce lawyer for more information.

Source: Jim Carrey's Daughter, Jane, files for divorce

According to legal documents obtained by TMZ, in a Request for Trial Setting, Melissa Etheridge, 50, and Tammy Lynn Michaels, 36, are fighting over child custody, child visition, child support, spousal support, division of property and attorney's fees. Looks like the couple have not settled their differences and the matter is getting ready to be set for trial.

From an Orange County divorce lawyer's perspective, with respect to child custody and visitation issues, the former couple will have to work out an appropriate parenting plan for their twins. Once an appropriate parenting plan is worked out, the next issue to be dealt with is child support. Generally speaking, child support is based on timeshare and gross monthly income of the parties. There are other factors such as interest deductions, mandatory retirement etc. but I won't get into that here. At any rate, the more time a noncustodial parent visits with the child, the less child support he or she will end up paying. So, it'll be interesting to see how this case plays out in court.

Another interesting note is that Michaels is requesting spousal support from Etheridge. However, the issue of whether the vows they exchanged back in 2003 will hold muster. Was it a real binding marital ceremony or simply a non-binding commitment ceremony? At either rate, on a permanent spousal support level, Family Code section 4320 factors will likely come into play if the court finds that there was indeed a binding commitment ceremony.

At any rate, if you have any issues relating to divorce, child custody, visitation or spousal support, contact an Orange County divorce lawyer for more information.

Source: Melissa Etheridge, Ex fighting over custody, spousal support

In Orange County or Los Angeles County, when calculating child support or spousal support, the court takes into consideration the gross income of the parties in determining same, among other factors. So, in California, what is considered gross income?

Under the statewide guideline, gross income includes income from any source except income derived from (1) child support payments actually received or (2) any public assistance program for which eligibility is based on need.

Gross income includes, but is not limited to the following:

- Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the order at issue. (Family Code section 4058(a)(1).

- Income from the proprietorship of a business (gross receipts less expenditures) (Family Code section 4058(a)(2); and

- In the court's discretion, employee benefits or self employment benefits, taking into consideration the benefit to the employee or self-employed person, any corresponding reduction in living expenses, and other relevants facts. (Family Code section 4058(a)(3).

For more information on obtaining an Orange County or Los Angeles County divorce, contact an Orange County divorce lawyer for more information.

In Orange County or Los Angeles County, when calculating child support or spousal support, the court takes into consideration the gross income of the parties in determining same, among other factors. So, in California, what is considered gross income?

Under the statewide guideline, gross income includes income from any source except income derived from (1) child support payments actually received or (2) any public assistance program for which eligibility is based on need.

Gross income includes, but is not limited to the following:

- Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the order at issue. (Family Code section 4058(a)(1).

- Income from the proprietorship of a business (gross receipts less expenditures) (Family Code section 4058(a)(2); and

- In the court's discretion, employee benefits or self employment benefits, taking into consideration the benefit to the employee or self-employed person, any corresponding reduction in living expenses, and other relevants facts. (Family Code section 4058(a)(3).

For more information on obtaining an Orange County or Los Angeles County divorce, contact an Orange County divorce lawyer for more information.

For the second time this year, Terrell Owens (hereinafter "TO") fell behind in his child support payments to the mother of his child. TO was due in court last Tuesday on a contempt charge because he failed to make two months payment plus $10,000.

This past July, TO claimed that he could only afford to pay $2,500 per month. The Judge denied his request and he settled by paying $10,000 owed for the months of June and July in addition to payment of his ex's attorney fees.

Additionally, TO's ex filed a second petition for contempt in Fulton County Superior Court earlier this month requesting Owens be incarcerated for not making his August and September payments. TO, star of a VH-1 reality series, reportedly earns an estimated $666,000 a month, according to his ex's contempt filings.

We have previously blogged about the consequences of failing to pay your child here under the Contempt section. If you fail to pay your court ordered child support payments, like TO, you can face jail time.

From an Orange County divorce lawyer's perspective, in order to prevail in a Contempt matter here in California, the following requirements must be met to prevail in a Contempt action:

(1) There must be a valid order;
(2) The citee must have knowledge of the order;
(3) The court must find that the citee had the ability to comply with the order;
(4) To be held in contempt, the accused party must have willfully disobeyed the order.

Pursuant to CCP section 1218(c), a citee who is found in contempt of court for failure to comply with a court order under the Family Code must at minimum, be sentenced to the following:

(1) On a first finding of contempt, performance of community service of up to 120 hours or imprisonment of up to 120 hours for each count.

(2) On a second finding of contempt, performance of community service of up to 120 hours, and imprisonment of up to 120 hours, for each count.

The court must take also take the parties' employment schedules into consideration when ordering community service, imprisonment or both.

For more information about filing for Contempt in Orange County, contact an Orange County family law lawyer for more information.

Source: T.O. catches up on child support payments, avoids jail

In California, one's request for child support is primarily based each parties' gross monthly income and respective timeshares of the child, among other factors. In this case, Corey Feldman's ex-wife is requesting that he pay $307 per month in child support. Why so little? It turns out that Corey is only earning $1387 per month in income. No information was available regarding the timeshare that Corey has with the child.

Additionally, the former Mrs. Feldman is also asking that Corey provide medical insurance of the child and that he pay for 1/2 of unreimbursed medical expenses.

From an Orange County divorce lawyer's perspective, the determination of child support is based upon the gross monthly income of each parent, timeshare and any additional monthly deductions (i.e. mortgage interest deduction, property tax deduction, etc.) and other factors, which his determined on a case by case basis.

If you have a child support obligation, pay it, unless you need to modify it for some reason. Remember that your failure to pay child support could result in severe consequences, including the Department of Child Support Service's authority to take away your driver's license or place a hold on your US Passport.

At any rate, contact an Orange County divorce lawyer if you have any Los Angeles County or Orange County child support issues.

Source: Corey Feldman's ex asks for $307 in child support

The actress who played, Jackie, on Roseanne, is getting a Los Angeles County divorce from actor-husband, Matt Roth, after 6.5 years of marriage. The couple have been separated since November of 2008. They have three minor children together, Will, 17, Donovan, 11, and Mae, 6. Metcalf is citing irreconcilable differences and Roth is requesting joint legal and joint physical custody of the parties' children.

From an Orange County divorce lawyer's perspective, this particular marriage is a marriage of short-term, only 6.5 years of marriage. In terms of spousal support, the recipient spouse, if he/she requests same, will be entitled to spousal support for one-half of the length of the marriage. Additionally, the parties will have to work out a child custody and visitation plan for the three children.

Further, after child custody and visitation is worked out, child support will have to be dealt with as well. Since Roth is requesting joint physcial custody (meaning he will have custody of the children 50% of the time), any child support due to the recipient will be affected by said 50% timeshare, among other factors.

At any rate, if you have an Orange County or Los Angeles County divorce matter, contact an Orange County divorce lawyer for more information.

Source; Laurie Metcalf is getting divorced