Articles Posted in Child Support

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.

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: