Cyberstalking in California Divorce
Most people in today’s world enjoy the way online platforms and electronic resources help to keep us connected to friends and family, but what happens when those same social media platforms, GPS devices, and other electronic tools make it possible for an ex-spouse to stay connected to the other spouse against their will, or in a way that causes them fear? Today’s age of social media apps, AirTag trackers, and…Read More
Derivative Benefits and Child Support
Divorced parents who receive social security or disability benefits may have questions about how this source of income affects their child support orders. Beginning in 2014, an appellate court ruling in California ruled that the derivative benefits a child receives through social security do not make up part of the parents’ incomes for purposes of child support. In other words, if you’ve retired or become disabled and your child receives…Read More
California Child Custody and Parents Who are Registered Sex Offenders
The objective of California family court in custody cases is always to rule in the best interests of the child. Making decisions on child custody is a weighty and complex matter, with much consideration given to factors including physical custody, legal custody, and parenting time schedules. But when one parent is a registered sex offender, the usual methods of deciding on matters of child custody are no longer relevant. Instead,…Read More
Are Mothers Favored in the Child Custody Process?
For divorcing spouses with children, child custody is almost always the most hotly contentious issue in California, even more than child support, spousal support, and property division. No parent relishes the idea of an impartial judge deciding how much time than can spend with their own children. But for fathers, common misconceptions and outdated ideas may intensify this fear. For decades, courts commonly presumed that children were best served by…Read More
Can the IRS Take My Tax Refund for Child Support?
California family courts take non-payment of child support very seriously. The state’s child support agencies follow the federal guidelines for enforcement including the Treasury Offset Program (TOP). This program offsets the tax returns of American taxpayers who owe debts to government agencies, including child support. In 2022, TOP recovered over $5.2 billion in unpaid debt, including child support. If you are under a court order to pay child support, it’s…Read More
How to Get a Child Support Order Modified Because of a Disability
California courts expect both parents to share in the expenses associated with raising their children, despite their marital status. All decisions made by the family court put the well-being of children at the top of the priority list. Child support orders require the higher-paying parent or the non-custodial parent to pay a specific support amount to the lower-paying parent or the parent with primary custody. Failure to stay up to…Read More
Will Unpaid Child Support Appear on My Credit Report?
After a divorce or in cases of unmarried parents, the California Family Court expects both parents to contribute to the expenses involved in raising children, including housing, food, and medical care. When the California court issues an order for child support to the higher-earning or non-custodial parent, it continues to monitor the support account through the California Department of Child Support Services. All child support orders are also automatically reported…Read More
Property Liens for Unpaid Child Support
California family court makes the well-being of children a top priority in all of its decisions, including child support orders for non-custodial parents. Both parents must provide for their children and a divorce doesn’t change that. The non-custodial parent must contribute toward the costs of housing, food, clothing, medical care, and other expenses involved in raising children. When the paying parent falls into arrears on their child support payments, the…Read More