Family Law Blog

Tracking Apps, Joint Custody and Privacy Issues

When you have joint physical custody of your child with your ex, there are a number of difficulties that you may plan on dealing with – scheduling conflicts, disagreements regarding holidays and vacations, miscommunications regarding after school care, etc. One issue that is becoming more and more common for co-parents is the privacy issue that…

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How Does Domestic Violence Affect My Rights In an Orange County Child Custody Case?

In Orange County, the Court will consider your case as a domestic violence case if, in the past 5 years, 1. A parent was convicted of domestic violence against the other parent, or 2. Any court has decided that one parent committed domestic violence against the other parent of the children (which means that a…

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What Are My Options Regarding Frequent Visitation In My California Child Custody Case When I live Far Away From My Children?

With the growth of technology in recent years some courts have ordered or otherwise encourage visitation on the computer, known as “virtual Visitation” in situations where one parent lives a ling distance from their child Virtual Visitation required that households of the custodial and non-custodial parents to have newer model computers equipped with webcams or…

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If I Fathered A Child But Did Not Marry My Child's Mother, What Are My Legal Rights?

If you did not marry your child’s mother, your rights regarding custody and visitation in California would need to be established through the filing of a paternity case. What does Paternity Mean? Paternity means who is the father of a child. Establishing paternity refers to the legal process of determining the biological father of a…

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What Do I Need to Know Concerning Spousal Support in My Orange County Divorce Case?

California law makes a very important distinction between “short-term” (also known as “lite” spousal support) and “long-term” (i.e. beyond the divorce itself) spousal support that is extremely important to understand. This distinction affects how the court determines the duration of spousal support payments and the jurisdiction of the court to award spousal support. For marriages…

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How Do Courts Calculate Orange County Child Support?

California has a child support guideline formula that is used in all cases to determine the proper amount of child support. Generally, the courts and all attorneys in California use one of the two recognized computer programs based on the child support guideline formula called “Dissomaster” and “X-Spouse.” The factors considered in making child support…

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When Can I Seek a Modification of My Orange County Child Support Order?

A California child support order can be modified if there is: 1. A significant increase or decrease in either parent’s income; 2. A change in custody or the amount of time the child spends with each parent; or 3. Any other change that would affect the child support guideline calculations. For more information or to…

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What Does it Mean to Open an Orange County Department of Child Support Services (DCSS) Case?

Generally, each county in California has a Department of Child Support Services (DCSS) governmental agency designed to wither establish, enforce, or modify child support support orders. There are 2 types of cases opened by DCSS: Public assistance (i.e. Welfare) and Non-Public Assistance. If you receive public assistance, you have automatically assigned to DCSS or the…

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What are the Tax Implications of Paying or Receiving Child and Spousal Support in California?

There are definite tax implications regarding child and spousal support in California, and here are the differences: Spousal support deductibility: Spousal support is generally considered under state and Federal law to be tax-deductible to the spouse who is paying such support, and is reportable income to the spouse who receives such income. Child Support deductibility…

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What is the Process for Stepparent Adoptions in Orange County?

In stepparent adoption, one biological or legal parent retains custody control of the children, with the stepmother or stepfather of the child seeking to adopt the child. Stepparent adoption cases are filed in Probate court, not Family Law court. An investigation case file is opened after the initial paperwork has been filed with the court…

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The Top 4 Reasons Why You Need a California Prenuptial Agreement!

There are many good reasons why you should get a prenuptial agreement in California, but here are the top four: 1. You protect your assets earned prior to marriage. 2. You are able to take control over your destiny, rather than leaving it up to the Court to determine. 3. You are able to enter…

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