Articles Tagged with Santa Rosa child support lawyer

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stay at home dadAre you a stay at home dad who is contemplating divorce? As society adapts its expectations as to the make-up and configuration of American families, the courts have had to take a look at age-old traditions when it comes to dealing with issues of child custody, spousal support, and other matters when couples decide to call it quits. Even though every state in the union has laws on the books prohibiting such decisions from being based on gender, sometimes fatherhood is still considered less-than in a divorce. If you are a stay-at-home dad who is contemplating divorce, having your rights protected by an experienced local attorney could mean the difference between misery and satisfaction in the years ahead.

Stay at Home Dad – Custody and Visitation

In California, decisions regarding custody and visitation are required to be based on the best interests of the child. Generally factors such as the age of the children, parents’ roles in caregiving, and the health and safety of the child are weighed heavily. If Dad has been the primary caregiver, the courts must give this strong consideration when looking at physical custody assignments.

Child Support Payments – Stay at Home Dad

The amount of child support the custodial parent receives is the first thing the court will address, before ever looking at spousal support. It will be determined based on the other spouse’s net income, but the court will consider payments made to support other children, health care premiums, and mandatory payments for union dues and/or retirement programs.

Spousal Support

As a stay-at-home dad, chances are your earnings were significantly less than your spouse’s—if not altogether nonexistent. A number of factors are considered when making spousal support determinations, none of them designed to be punitive to either party. Some key factors the court will look at include:

  • The length of the marriage;
  • Your ability to maintain a similar lifestyle as the one experienced during the marriage;
  • Your ability to earn a living without it having a significant impact on your child-care responsibilities;
  • Any domestic violence issues;
  • The age and health of both you and your spouse.

Support payments may be temporary or permanent, depending on these and other factors. Continue reading →

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Child Support EnforcementChild Support Enforcement in California. When a judge officially finalizes your divorce—approving any settlement agreements, issuing orders for child support or spousal support, and legally dissolving your marriage—you may feel a sense of relief that your legal battles are over. Unfortunately, too many parents will find themselves back in court to address issues that arise regarding their agreements. One issue in particular that leads people back into the courtroom is child support enforcement.

Child support orders are based on specific formulas that take into consideration the respective incomes and expenses of both parents, as well as the basic needs of any children in question. For this reason, the majority of child support determinations in California are considered to be fair and to reflect the responsibilities of both parents to financially support their children. However, simply because a court issues an order—and even if that order is fair—does not mean that the parent ordered to pay child support is going to comply with the court order.

Because most parents rely on child support payments to cover the major expenses of raising one or more children, it can have a serious effect on your living standards if the other parent falls behind on payments. For this reason, many parents seek to legally enforce child support orders.

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