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Can My Ex Deny Visitation if I Am Behind on Child Support?

In some Orange County, California divorce cases, parents are not able to co-parent effectively. In some situations, they are not able to work together at all. When co-parents are having difficulty working together, custodial parents sometimes feel justified in denying parenting time or refusing to reschedule missed parenting time. They may think that the non-custodial parent’s apparent disinterest in sticking to the parenting plan justifies this response. Too often, the non-custodial parent in this situation feels that if they can be denied parenting time, the reverse is also true. They use this reasoning as justification when they stop making their…

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Joint Custody and Child Support: Who Pays Who?

When parents are awarded joint custody in Orange County California divorces, child support can be tricky. The legalese and extensive negotiations can seem complex. Parents can spend a lot of time worrying about whether or not their child support order is fair and makes sense in their situation. When considering child support, it’s best to understand the underlying reasoning behind the court’s considerations. How does child support work when you have joint custody of the children? How can you be sure that once the divorce is final, your child will be provided with everything they need to be healthy and…

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Can I Discharge My Child Support or Spousal Support Through Bankruptcy?

Child support and alimony are sometimes collectively referred to by the Court as a domestic support obligation. They both fall into this same category of an obligation to pay support created by the Court’s order. Court orders for child support and spousal support require payment of a specific amount from one spouse to the other each month for the benefit of the other spouse or the couple’s children or both the other spouse and the couple’s children. A domestic support obligation can also be determined by voluntary agreement between spouses in a marital settlement agreement that is later recognized by…

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Can California Parents Agree to Waive Child Support Payments?

Is it okay for an Orange County, California parent to waive child support? This question comes up regularly amongst divorced and divorcing parents.  According to California Family Code, when the support of a minor child is at issue, the court has the power to order either one or both of the child’s parents to pay any amount necessary. (Family Code section. 4001.) A minor child is defined as a child under the age of 18 or a child over 18 who is unmarried, in high school full-time and not self-supporting. Child support obligations stay in place until the child completes…

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What To Do If You Cannot Afford to Make Your Child Support Payments

Before ordering child support payments, a California judge looks over the parents’ incomes and expenses. They attempt to determine a fair and equitable contribution intended to enable parents to provide for their child financially. In some cases, for a variety of reasons, a parent may not be able to afford to pay their court-ordered child support. If your expenses increase or your income decreases, making it difficult or impossible for you to make your child support payments, there may be something you can do to make things easier. 1.    Discuss the Situation with Your Ex: While no oral agreement will be…

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Typical California Divorce Settlements About Child Support

Every family law case is unique, but there are specific terms that will apply to many cases and frequently appear in typical divorce settlements in California. Each divorce case has different facts, but there are standard terms that overlap. Knowing these common terms and how they apply to your California divorce case can be very helpful when filing for divorce or responding to a divorce petition in California. For instance, when approaching a California divorce case that will involve child support, there are several terms that you can expect to see in the typical divorce settlement. Key Terms in Child…

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Can a Prenuptial Agreement Dictate Child Support Payments?

Modern couples planning their marriage often find that prenuptial agreements are useful tools. They are especially helpful when one or both individuals entering marriage have significant assets to protect. One common mistake couples make when entering prenuptial agreements in California is including terms the court is likely to reject – like pre-determined child support payment amounts. Courts prefer divorcing parents to create a parenting plan outlining physical and legal custody of their children. When parents agree on the terms together, it usually results in lower levels of conflict and less stress for all involved. But this preference for amicable co-parenting…

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California Child Support: When Do Child Support Payments End?

California law states that children have the right to be supported financially by both of their parents. When necessary the court will order child support obligations per the law with payments intended to provide the child with necessities like housing, food, clothing, educational costs, medical expenses, and other reasonable expenses. Basics of California Child Support: Child support payments are typically paid to the parent who has primary custody of the child. The amount of child support is based on California Child Support Guidelines taking into account the incomes of both parents and the amount of time the child spends with…

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Preparing for the Typical Child Support Add-Ons

Parents are obligated to provide for their children’s basic support. In addition to basic support and in accordance with the Child Support Standards Act guidelines, parents are also obligated to pay pro rata shares of “Mandatory Add-On Expenses.” Examples of mandatory add-on expenses are daycare costs and required health expenses. On top of the Mandatory Add-On Expenses, the California Court may decide on additional Discretionary Expenses for child care or education. This means that non-custodial California parents are obligated to pay: Regular child support Their share of their child’s daycare costs due to the custodial parent working or going to…

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How Does a Child from Another Relationship Affect Child Support?

In almost every divorce where parties divorcing are parents of a minor child or children, one parent is ordered to pay child support to the other parent. Most parents are aware of this and they are aware that the judge will consider the incomes of both parents when determining child support awards and the amount of the award. What many still find confusing is how remarriage does or does not affect child support orders already in place. California Child Support: How Does Remarriage Affect Previous Child Support Orders? The remarriage of a parent does not directly affect a previous California…

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