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Family Law Blog

What To Know About Filing Documents With Orange County Family Court During Covid-19 Crisis

BREAKING NEWS: This information supplements the previous 3/23/2020 order of the Orange County Superior Court. Pursuant to the 3/24/2020 order of the Orange County Superior Court, as a result of COVID-19, Orange County Family Law Court is temporarily closed. All non-emergency matters through June 1st are being continued by order of the Court. For domestic…

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What Are My Rights If I Have Joint Legal Custody in My Orange County Child Custody Case?

Joint legal Custody means that both parents share the right and responsibility to make the decisions concerning the health, education and welfare of the child (Family Code 3003). In making an order for custody concerning both parents, the court may grant joint legal custody without granting joint physical custody (Family Code Section 3085). Family Code…

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What is Considered Domestic Violence in California?

Domestic violence means to hit, kick, scare, throw objects, pull hair, push, follow, harass, stalk, sexually assault, or threaten to do any of these things. It can also include other actions that make someone afraid of being hurt. Domestic violence can be spoken, written or physical. For more information or to schedule a consultation, contact…

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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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