Usually, the earliest effective date for a modification is the date a parent files or serves a motion a request for a court order requesting a modification. A parent who feels the need to have the child support order modified because of a change in circumstances since the last order was made needs to file a modification request in a timely manner. Under California law, child support is modifiable any time a parent can show the court that a material change in circumstances has occurred since the last order was made.
If a parent believes there is such a change in circumstances, that parent needs to bring the new information to the court's attention right away by filing a motion for modification in order to obtain a new order that takes effect right away. Interest at the legal rate currently 10 per cent per year is owed on all unpaid child support called back support, or "arrears". The interest does not compound, meaning interest does not build up on the interest, but it accrues on the principal amount owed only the child support amount ordered.
Left unpaid, the amount of support arrears owed over time grows to sometimes astronomical numbers once the interest is added on. California law gives judicial officers no power to waive or adjust arrears that have accrued, or the interest that has accrued on those arrears.
A California support obligation ends, normally, when the child turns If the child is 18 but still residing at home, still attending high school full-time and still not self-supporting, then the child support obligation ends when the child graduates high school or turns 19, whichever comes first.
The court may extend the duration of child support if an adult child is disabled. Parents can agree on their own to extend the duration of a child support order. Any arrears continue to be owed until paid in full, regardless of the child's age. Arrears mean that there was a valid court order that support be paid, but the parent ordered to pay support did not pay some or all of the support while the obligation continued.
California law requires both parents to provide health insurance coverage for their child if such coverage is available at no cost or at reasonable cost. What is a "reasonable" cost is different from case to case. Both parents are also required to share a child's uninsured health care expenses out-of-pocket or unreimbursed expenses such as co-payments equally if an order is in place that requires parents to share such expenses.
Make sure you request this order from the court so it applies in your case. Spouses can request that the court make a spousal support order as part of a divorce or separation case. Spousal support is a discretionary order, meaning the court has great freedom in determining what amount of support, if any, should be paid in a particular case, and for how long spousal support should be paid.
At the "temporary" stage of a case, meaning from the time the divorce or separation case is filed up until the time a final Judgment is entered, the court often uses the support guideline see above discussion on child support for guideline factors to determine what amount of spousal support should be paid.
The court is not required to order the guideline amount. The guideline amount is based on each spouse's income, tax filing status, and certain allowed deductions such as health insurance and union dues. At the "permanent" stage of a case, meaning after a final Judgment of separation or divorce has been entered, the court must consider certain statutory factors in deciding 1 what amount of spousal support to order, if any; and 2 the duration how many months or years of the order.
The court considers factors such as the age and health of the spouses, the length of the marriage, and each spouse's job skills. See Family Code section for more information. Unless a court has reason not to do so, "permanent" spousal support will usually have duration of half the length of the marriage, measured from date of marriage through date of separation. Unlike child support, spousal support is tax deductible to the spouse paying it only those payments made after a court order is in place are tax deductible , and the spouse collecting it must claim the amount received in any given tax year as taxable income.
Spousal support terminates per court order, or naturally by the death of either spouse or the remarriage of the supported spouse.
To be able to characterize your assets or debts as community or separate, it helps to know what your "date of separation" is. The date of separation is generally defined as that date you knew the marriage was irremediably broken.
This means the date at which at least one spouse knew there was no hope for saving the marriage. For some people, this may be the date you moved out, or the date you filed for divorce. Community property is generally defined as assets acquired through a spouse's time, labor and skills, from date of marriage through and including date of separation.
Community property is usually everything that a married couple own together title to certain assets does not have to be in both spouses' names in order to be considered community property , such as money that you now have which either spouse earned during the time they were living together as husband and wife, or anything either spouse bought with money earned during that time period.
Community property can be things like a car, a house, a security deposit on an apartment, a k account, a pension, a bank account, home furnishings, etc. Community debts are generally defined as the debts that a husband and wife owe together.
In most cases, that includes anything you still owe on any debts either of you took on during the time you were living together as husband and wife. California law requires that the spouses divide community property and debts equally. To equalize the division of assets and debts, one spouse may get more assets because they also got more debts.
Spouses can agree to divide assets and debts unequally if they would like. Separate property is generally defined as everything that a husband and wife own or owe if it is a debt separately.
It includes assets acquired, or debts incurred, before date of marriage or after date of separation. It also includes any assets acquired by the spouse during the marriage by gift to that spouse alone or inheritance.
California law requires that separate property assets or debts be confirmed to the spouse who acquired or incurred them. Family law attorneys can be extremely helpful with property and debt issues. California law requires spouses in a divorce or separation case to provide each other with forms to disclose assets and debts, and income and expenses.
This is to help each spouse develop information about the "marital estate" - what property and debt issues there are. This in turn helps prepare the case for final Judgment. There is no charge for these forms and there is no filing fee.
A victim that is a target of abuse but does not have the necessary relationship to the batterer may file a civil harassment restraining order, discussed below.
The traditional approach to legal services is that a client hires an attorney to represent them on their case.
This means that the attorney represents the client on all aspects of their case from start to finish. The representation does not end unless there is a substitution of attorney. Limited Scope Representation, often referred to as Unbundling, is a modification of the traditional approach. Unbundling allows an attorney to represent a client on limited, precise issues of their case or to perform specific tasks for the client.
The attorney and the client consult and determine the specific areas of the case that the attorney will handle and which tasks the attorney will perform. The client is then responsible for the other aspects of the case and may perform the additional tasks not performed by the attorney.
A typical family law case could involve tasks such as information gathering, drafting of documents, legal research, negotiations, court appearances and conducting discovery.
The case could involve a number of issues including child and spousal support, division of real property, pension plans and retirement and child custody and visitation. Unbundling provides a way that an attorney can help you with a part of your case. The rest of the case is your responsibility. For example, you may gather all the necessary information and then have an attorney prepare your court documents. Or you may prepare your own documents and then have an attorney review your documents before filing.
You may consult an attorney who may coach you on how to appear in court by yourself. Or you may do all the pre-court work yourself and then have an attorney make the court appearances. You may choose to have an attorney handle the more complicated aspects of your case and give you advice on how to handle the simpler issues yourself.
In all these situations the attorney only bills you and you only pay for the parts of the case the attorney handles. You and your attorney must thoroughly discuss all the aspects of your case. This is the only way to be sure that each of you understands his or her responsibilities regarding the case. Things that must be discussed include: who makes strategy decisions?
Who will gather the necessary information? Who will prepare the court documents? Who will appear in court? By assisting in your own representation and performing some tasks yourself; you can make the most efficient use of the attorney's time and your own litigation budget. The attorney will be able to focus on the more difficult aspects of the case and you will retain greater control of your case. Your attorney has much more experience than you do. You must be aware that you are fully responsible for the outcome of the parts of the case you handle yourself, even if your attorney is coaching you.
You must take the time to fully discuss your case with your attorney to ensure that you are comfortable in handling portions of the case. There are times when Unbundling is not the best option.
In some cases where issues are so complicated and intertwined, it is best to have an attorney handle all aspects of the case. The only way to know if Unbundling is the best choice for you is to thoroughly discuss your case with your attorney so that any hidden complications can be identified. Fresno Superior Court is in favor of Unbundling. Unbundling provides a method for litigants to get as much legal assistance as needed.
This in turn helps you do a better job of presenting your case to the court. New issues may arise during the course of your case. If you feel that you need further assistance you may go back to the attorney that is providing the limited scope representation and arrange for further assistance.
The benefit of going back to the same attorney is that that attorney is already familiar with your case. This will cut down on time and expense of getting a new attorney up to speed with your case. During the course of your lawsuit you may also decide that you no longer want to handle parts of the case yourself.
In this situation you may wish to hire the attorney who is providing limited scope representation to handle your entire case. Call toll-free within the U. Call outside the U. Call TTY toll-free. Online Case Information. If you already have a court order, opening a case offers neutral assistance with every part of the process, keeps records, and helps both parties stay on track.
To start the process, you have several options:. We apologize for any inconvenience this may cause. Getting Child Support Payments? Sign up for Direct Deposit!
0コメント