Articles Posted in Child Support

Janet Jackson is going through a child custody battle and a divorce battle with Wissam Al Mana who is from Qatar and is a Billionaire who invests internationally in all sorts of things.  Recently they were seen in the Royal Courts in London after a court hearing on Custody.  It would seem she is involved in a hotly contested international child custody dispute. The couple had split in April after Janet had given birth to their daughter in January, Elissa.

In the Divorce proceedings word has gotten out that Janet will receive a sizable settlement payment from Al Mana around $200,000.  And she will remain in London to raise the child.  Janet is worth $150,000 so already has a lot of money and now will seek to increase her already wealthy amount of money.  This turn out to be an interstate child custody dispute and also an international divorce.  However, it appears the couple have settled on the London Courts to serve as the jurisdiction to hear the Divorce and custody matters.  The child Elissa was born in London so England would be her home country.  However, since Janet is also a US citizen she could also one day decide to head back to the US to live.  Likewise Al Mana is from Qatar and could also want at some time to take his child to visit or live in Qatar.  But for right now it seems that the parents have somewhat resided to the fact that London will be Elissa’s home.

Janet is talks to be part of a netflix 10 part documentaries about her life after her divorce from Al Mana.  This could net her a significant some of money which might effect the settlement of the divorce.  In California the courts look to the standard of living for the spouses post separation.  So the London Courts will probably do the same.

Wynn v Craven is a Georgia Supreme Court case involving the collection of Child Support arrearages.  The mother Helen Wynn sought $72,000 in unpaid child support against Robert Craven, the father.  The father Mr. Craven was ordered to pay 20% of his income or a minimum of $100 per week.  By 2014 the mother was owed $72,000 in arrears after a total of 15 years of unpaid child support.  She had had on several occasssions written Mr. Craven the father and demanded payment of unpaid child support.  He often did make payments throughout the years however, he never paid enough to forgive his total amount of arrearages owed.  Mother filed a contempt lawsuit in 2014 claiming there was past due arrearages for child support.  The Father Mr. Craven in turn responded with the affirmative defense of laches.  The trial court held that because mother accepted an amount of $100 per month for a period of years she therefore acquiesced her chances to file a contempt action against the father giving up her right to the full amount of child support arrearages owed.

She then filed an appeal claiming that the trial Court erred in deciding the way they did. She argued that to allow the defense of laches basically lets the father get away without paying child support.  The appellate Court agreed.  The father alleges that there was a base of $100 of that needed to be paid and he did pay it.  However, the appellate Court ruled that the child support order also stated he was to pay 20% percent of his income which he did not pay.  Father also argued that there was a delay of 15 years before she filed her claim for arrearages.

Laches can be asserted only when it would be inequitable for a party to enforce their legal rights.  The appellate Court ruled that child support cannot be waived by inaction.  That Mom was asserted the rights of her child not her legal rights.

It finally has happened.   I guess some would say the inevitable.  But Ben Affleck and Jennifer Garner have finally called it quits after what appeared to be an on again off again relationship.  Jennifer Garner filed a Petition for Divorce.  She did not put an attorney on the Petition for Divorce which is unusual for a high profile couple.  Jennifer Garner and Ben affleck filed a Joint Petition for Divorce and both are seeking joint physical and legal custody of the three minor children. The couple separated June 30, 2015 almost two years ago.  It appeared from the public’s eye that the couple was trying to work things out for the children’s sake.

There is a big issue yet to be determined and that is spousal support.  Apparently Ben Affleck made much more money during the marriage than Jennifer Garner.  Therefore he will be obligated to pay Jennifer Garner either a lumps sum spousal support payment or monthly payments for a period of time yet to be determined.  In California a marriage over 10 years will garner life time spousal support payable by one spouse to the other.  In the case of Jennifer Garner and Ben Affleck there marriage was over 10 years so Jennifer Garner might be in for a substantial financial reward depending how she negotiates the divorce.

It also has been stated that she and Ben filed as their own lawyers which often takes away alot of animosity and litigation that having lawyers might cause. However, in the case of Ben and Jennifer they have approached the Divorce amicably and by filing as their own lawyers they are keeping up this amicable and calm approach to their divorce.  In addition, what is important to them has always been their children.  By both requesting joint legal and joint physical custody they both are invested in the best interest of their children.

It is a common question that occurs in Family Courts all across the county.  When does the obligation to pay child support end.  In the new Georgia Supreme Court Family Law case the court reviewed that issue.  The parties entered into a divorce settlement agreement determining the terms of the child support obligation of the Father.  It stated that he would continue to pay the child support of the minor child while she was in high school.  This type of language agreeming to terms of Child support is an acceptable form of settlement for Divorce proceedings.  It is not void unless it violates public policy such as terminating someones obligation to pay child support.

In this Georgia case there would be certain conditions to be met in order that father continue to pay child support for his child. Normally child support ends upon the child either graduating high school and if they continue to be in high school upon turning 19.  If they graduated high school and have not turned 18 then the child support obligation will terminate when child turns 18.  However, in this Georgia case the wife argued that the husband was in contempt because the adult daughter was still in high school

The duty of support imposed by Section 3901 explains the law in California which the Courts use to determine the termination of the obligation to pay child support. The law states it will terminate to an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first.

If you ever wonder how Health insurance is covered during a divorce, child custody battle or a Paternity Lawsuit, the answer is not as complicated as it might seem.  The Family Law court system along with the Department of Child Support Services has a lot of authority to order a party to pay for Health Insurance of a minor child. As in the Case of Divorce, the Judge can order a party who employed and Health insurance is available through their employer that they ensure their child. In addition, if they are financially able to pay Health insurance for the minor child the Court can order them to pay Health insurance or purchase a policy for children.

The most common and probably the most cost effective means to insure a minor child of a Paternity or a Divorce is through the employer.  Often employers will cover not only the party but minor children.  After in inquiry by the Court of the parties employment and or economic situation can easily determine that that either the Mother or Father is able to ensure the children

The law provides under Family law Code section 3751 that “in any case in which an amount is set for current support, the court shall require that health insurance coverage for a supported child shall be maintained by either or both parents if that insurance is available at no cost or at a reasonable cost to the parent.” It further goes on to talk about a rebuttable presumption about who shall pay for the health insurance of the minor children.  The main issue of Health insurance is that it be reasonable for the parties.  And reasonable to according to the Judicial system is not to exceed 5% of the gross income of the Mom or Dad.

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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.