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Spousal / Child Support

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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 Spousal Support: The Ten Year Rule is a Myth

Many California couples considering divorce fear what they call the “ten-year rule.” A common misunderstanding is that when a couple married longer than ten years seeks a divorce, there is a rule in place that requires alimony on an indefinite basis, but there is no such rule. The reference is to Family Code Section 4336(a) which says that when a marriage is of “long duration” the court “retains jurisdiction” indefinitely after the divorce is final unless the parties come to a different agreement. The fact that the court (in most marriages of long duration) retains jurisdiction doesn’t necessarily mean that…

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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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How Does Domestic Violence Affect Spousal Support in California?

If you are going through a divorce that involves a history of domestic violence, there are a few things you should know about how it could affect your California divorce process. California is a No-Fault Divorce State Every state is either a fault or no-fault divorce state (or a mixture of both). As a no-fault divorce state, California’s divorce statutes are based around the basis that all divorces in the state are no-fault. Being no-fault means that one spouse does not need to show that the other spouse did something wrong to qualify for a divorce. California couples can divorce…

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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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What Family Courts Consider In Ordering Spousal Support

Ever wondered how a court determines how much alimony should be awarded to a spouse after divorce?  Here’s some information in response to that question. Ability of the spouse to earn is considered by courts while determining alimony The court takes into account the earning ability of both the spouses while ascertaining whether alimony should be awarded or not. Thus, a court not only considers how much a spouse is actually earning but also weighs the spouse’s potential for earning. Will a spouse be able to pay alimony? This is a major consideration for the court in order to settle…

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What To Do If You Are Having Difficulty Paying Support

A common concern that often comes up after the entry of a divorce judgment in the court is the spouse who has been asked to pay for spousal or child support declares his or her inability to do so any more. The aim of this article is to discuss the steps that should be taken if such an issue comes up. Step 1: Go through the divorce decree thoroughly While it is an obvious thing to do, there are several people who tend to overlook it. A divorce judgment is an extremely crucial document, which anyone such as the judge,…

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What To Do If You Stop Receiving Support Payments

There are several occasions when parties require professional help so that the financial judgment that were declared in their favor could be enforced either in paternity or in divorce cases, most of the times a court declares its financial judgments based upon issues like split of marital properties, alimony, spousal support or child support.  After the judgments have been entered, it is expected that the recipients should be depending on the awarded monies for their daily expenses. Hence, when a person stops getting support payments, the outcomes could be difficult for both the parties. How does the court take actions…

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What Role Does A Parent’s Income Play In Child Support?

During a divorce that involves children, one of the parent ends up having custody over the children while the other parent pays a certain amount as child support. It is important that parents earn a substantial amount of money each year for child support. Parents with low income have often found themselves losing child custody battles. In some cases, child custody has been awarded to a third party due to low income by both parents. Calculating the amount for child support It is very important that parents calculate the amount of child support they need to pay. Parents should first…

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