Family Law Blog

The Difference Between Divorce and Annulment in California

There are only two ways to end a legal marriage: annulment or divorce. An annulment is a legal process that cancels a marriage. The annulment of a marriage means that it is legally erased. It is lawfully declared that the marriage never technically existed and was never valid. A divorce is a legal termination of…

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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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How Enforceable are California Prenuptial Agreements?

Most California prenuptial agreements are enforceable, as long as certain requirements are met.  California Family Code section 1615 addresses the enforceability of premarital agreements and states that: a. A Premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following: The the party did not execute the agreement…

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I Am a Victim of Domestic Violence, What are My Options?

If you have been a victim of domestic violence, you can seek orders from the Court to protect you from such violence or threats of violence at the hands of a family member or someone you date or live with, by filing a Temporary Restraining Order with the Court. You can generally obtain an emergency…

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I am Afraid that my Abusive Spouse Will Find Out Where I Have Moved, How Can I Protect Myself?

There is a relatively new program in California that helps protect victims of domestic violence, known as the California “Safe At Home Confidential Address Program”. On January 1, 2007, a confidential mail forwarding program administered by the California Secretary of State’s Office called “Safe At Home” took effect to protect victims of domestic violence. The…

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Do I have Any Immediate Rights and Orders When I File and Serve My California Divorce Paperwork?

Yes, you have immediate rights and order that take effect when spouse is served.  The importance of personally serving the Summons and Petition on your spouse is that the Summons includes automatic, build-in family law restraining orders preventing either spouse from selling or giving away any property, changing any insurance policies or beneficiaries, or taking…

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