How Is Paternity Determined In California?

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The issue of paternity is complex and the laws surrounding it vary state by state. If you are a father or couple who are seeking to determine your parentage in California, you may be wondering what your next step should be. What is a paternity test? How do you get tested? In California, there are three ways you can go about establishing paternity. 

Go To Court

When parents think of determining parentage, this is typically the method they think of. This also tends to be the hardest method to determine paternity. If a child’s mother is trying to prove the parentage of a child, and the other parent is denying their paternity, a mother can go to court to establish it. Alternatively, if an alleged father wants to prove their paternity to have rights to custody of a child, they can also go to court to establish parentage. 

When going to court, the judge will order a genetic paternity test.. If the alleged father refuses, the noncooperation can be considered evidence of parentage. 

To go to court, you must fill out and file several legal documents. These are complex and require a trained eye. Please consider hiring an experienced paternity attorney. LPEP Law serves the greater Bay Area. Set up a free consultation with them here. 

Get The Child Support Agency To Determine Paternity

The local child support agency has a right to ask the court for an order on paternity, just as the child’s mother or alleged father does. Having the child support agency provide this service for you is free and can take some of the stress off yourself. In addition to establishing parentage, they will also file for a child support order. 

You can obtain these services by calling the local child support agency and setting up an appointment to open a case for paternity and support. If a father denies being the parent of a child, a mother can even open a case while still pregnant for a genetic test to be administered after the child is born. 

If a parent is on welfare for the child, the child support agency will automatically open a case for paternity. 

Sign A Voluntary Declaration

A declaration of parentage is a legal document that parents sign to claim themselves as the legal parents of a child. It is always voluntary. This document is usually signed by both parents in the hospital after a child is born. However, in cases where this didn’t happen, the declaration can still be signed as long as certain rules are followed. 

For a declaration to be signed outside of the hospital, there are only certain public locations that the form can be signed at. The form must be signed in the presence of the  local child support agency, the welfare offices, the Registrar of Birth, the local superior court, or the local family law facilitator. You can find your California family law facilitator here. The form must then be filed with Child Support Services to go into effect, and then it holds the same weight as a court order establishing parentage. 

After the declaration of parentage is filed, orders for custody and visitation can be filed by a judge. The Court can also make orders for child support. A voluntary declaration of parentage grants both parents who signed it an equal right to custody, but also means they both have a responsibility to support and provide for the child. To learn more about voluntary declarations of parentage in the state of California, visit here. 

When You Don’t Need A Paternity Case

There are certain instances in which you don’t need a paternity case in California. These include:

  • An unmarried couple signs a voluntary declaration of paternity.
  • You are married to the other parent. (This applies to same sex marriages and heterosexual marriages alike).
  • Two parties in a DVRO case agree to paternity of a child and the court entered judgement about paternity. 
  • The child support agency filed a paternity case.

If you live in the State of California and are curious about starting a paternity case, get in touch with our San Jose, California attorneys today. Get questions like “what is a paternity test?” answered. We can help you with the complex paperwork that comes with going to court and can help ensure the process goes smoothly. We offer free 30-minute consultations with our experienced team of attorneys. You can set up your free consultation here. To learn more about paternity, visit us here. 

Same Sex Divorce in California

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For same-sex couples, the right to marry comes with the right to divorce. Though no one enters a marriage intending to divorce, it is a necessary process for married couples who understand that marriage is no longer the best fit for them.

While many aspects of divorce proceedings in California are the same for same-sex couples and heterosexual couples, there are certain aspects of the law that are particularly nuanced with respect to same-sex couples. Some of the differences can be advantageous for same-sex divorce, while others reflect the biases against same sex couples that are still ingrained in divorce law.

Child Custody Arrangements

The most contentious issue of divorce cases involving children tends to involve child custody arrangements. In the state of California, both parents are able to legally obtain parental rights of their children.  In divorce proceedings involving same-sex couples who both have parental rights, both spouses are typically considered with custody arrangements. However, in marriages in which only one parent has parental rights, a judge may consider the biological parent as having more rights in the custody arrangement.  Similar to heterosexual divorce litigation, factors involving parental roles and relationships with the child are considered as well.

Alimony Payments 

When it comes to alimony, judges have the authority to treat same-sex couples differently than heterosexual couples.  This differentiation isn’t due to biases within the law, but rather is due to the fact that many same-sex couples were been living together for years prior to being able to become legally married. In the case of one spouse being financially dependent on the other for a significant period prior to the marriage, the judge may factor that time into the alimony arrangements.

Dividing Retirement Accounts

While the division of retirement accounts is rather straightforward with heterosexual couples, it is often a convoluted process with same-sex litigation.

Domestic Partnership

Another layer that further complicates same sex divorce in California is if the couple obtained a domestic partnership prior to their marriage. If so, then the couple will need to terminate the domestic partnership in addition to ending the marriage. While this process is streamlined for heterosexual couples, it serves as another hurdle to overcome with same sex divorce. 

Same Sex Divorce in California

In order to get divorced in California, you must meet California’s residency requirements. Either you or your spouse must have lived in:

  • The state of California for the last 6 months, 
  • The same county where you plan to file for divorce for at least the last 3 months. 

If you and your spouse have been in California for at least six months but have lived in different counties, you can file in either county. If you are unable to satisfy the residency requirement, you have the option to file for a legal separation. After the required time has passed and you qualify for a divorce, your attorney can file an “amended petition” to request a divorce decree instead.

How to Facilitate a Smoother Same Sex Divorce

Since same sex divorce is a new area of practice, there are still many gray areas of the law that are open to interpretation. Due to the ambiguous nature of same sex divorce law, it is recommended to hire a same-sex divorce lawyer who is experienced with divorces between spouses of the same sex. Our team of qualified lawyers at LPEP represents one of the largest family law firms in San Jose, California. Contact our offices here to schedule a free 30-minute consultation in which you will learn your recommended course of action to protect your rights in your divorce litigation. You can also learn more about same-sex divorce here.

Spousal Benefits for Same-Sex Marriages

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In recognition of Pride month, it is important to highlight the spousal benefits that were awarded to same-sex couples when same-sex marriage became legal. Although same-sex marriage was legalized in California in 2013, the United States Supreme Court held in Obergefell v. Hodges, that same-sex marriage was legal federally. This decision awarded many couples spousal benefits they were denied for so long. 

What are Spousal Benefits?

In some situations, couples can receive advantageous benefits simply because they are married that non-married couples do not have access to. Some spousal benefits include social security benefits, health insurance, tax benefits, retirement, among others. In California, same-sex couples initially had to register as domestic partners to gain access to some of these benefits or they were outright denied altogether. However, since the landmark case Obergefell, same-sex couples are now eligible for spousal benefits that have historically been exclusive to heterosexual couples. This highlights a large step forward for equal same-sex couple rights to many Californians.

Social Security Spousal Benefits for Married Same-Sex Couples

If you are not eligible for social security because you have never worked or paid an insufficient amount into social security, you could potentially claim spousal benefits and receive some of your spouse’s social security. This allows you to receive up to 50% of your spouse’s social security payments and it does not impact the amount they receive. In order to claim these benefits, you must be 62 or older, your spouse must already be receiving social security and you must be married for at least a year. Some exceptions may apply to some cases.

Employer-Provided Health Insurance Coverage for Married Same-Sex Couples

When an employer offers their employees health insurance, generally that employee can extend their health insurance coverage to their immediate family which includes their spouse and their children. Historically, same-sex couples were not able to maintain health insurance for their partners because the state did not recognize their union. This often would put a burden on the non-employee partner to secure their own health insurance which could be costly. However, now that same-sex marriage is recognized as a legal marriage in the state of California, a same-sex spouse can be insured on their spouse’s employment provided health insurance absent any restrictions or barriers. 

Tax Benefits for Married Couples

Married couples are potentially eligible for a multitude of tax benefits simply because they married that non-married couples are ineligible for. This includes filing a joint tax return which could lead to a lower amount of income taxed for both individuals. As mentioned above, a spouse can receive tax free health care coverage from their spouse’s employer. Additionally, same-sex married couples are also eligible for many tax benefits involving executing an estate. This is merely a small snapshot of the various tax benefits that married couples enjoy.

How Do I Learn More About What Spousal Benefits I Qualify for?

If you or a loved one would like to learn more about spousal benefits, please contact one of our experience attorneys at Lonich Patton Ehrlich Policastri for additional information here.

Please remember that each individual situation is unique, and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship. 

What To Expect When You’re Expecting: Navigating The California Adoption Process For Same-Sex Couples

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During Pride Month we commemorate and pay tribute to those who bravely protested during the 1969 Stonewall Riots and paved the way for the LGBT activists of today. We celebrate those who continue to fight for equality and recognize the ongoing struggle to solidify basic human rights for all. One right that cannot be overstated is the ability to create and maintain families with dignity. Many LGBT couples define this right as the ability to adopt a child in same-sex couple adoption. 

Adoption in California

Each state has its own laws, procedures, and regulations regarding same-sex adoption, but in California, the law treats same-sex couples the same as any other prospective parent or couple. The state permits same-sex couples, as well as LGBT individuals, to pursue several adoption methods, all of which are the processes used by opposite-sex couples. The different types of adoption include: 

  • Independent Adoption: a couple seeks out a pregnant mother who wants to give up the child for adoption. 
  • Assisted Reproductive Technology: this may include the use of a surrogate or in vitro fertilization (IVF). This usually means that one of the parents is a biological parent to the child. 
  • Agency Adoption: an agency assists in connecting the parents with their future child. 
  • Stepparent or domestic partner adoption: an individual in a same-sex relationship may adopt the child of their spouse or partner. 
  • Adoption of a Family Member: a couple may adopt a family member, such as a niece or nephew.
  • International Adoption: a couple seeks to adopt a child from another country. 

Each option presents its own set of risks, some involving potential legal struggles with the biological parents, others possibly subjecting parents to extensive nuanced legal procedures and requirements. As such, seeking the advice of an attorney is helpful in determining what adoption plan is right for you. 

Same-Sex Couple Adoption

Of course, in a perfect world, prospective parents in a same-sex relationship would not be subjected to evaluative procedures that differ from those of parents in an opposite-sex relationship. However, it is no secret that both express and implicit biases exist in our society and unfortunately, these predispositions can cause people to lose sight of the most important factor in adoption: the best interest of the child. As such, it is possible that an agency may conduct a more intrusive investigation for a same-sex couple. Such treatment may cause the process to be lengthier, and consequently more costly. In California, agencies are prohibited from discriminating based on sexual orientation and gender identity. However, if you believe you are facing any sort of discrimination, it is important to speak to an attorney about your options. 

What Are the Next Steps?

Adoption is an inherently personal matter and can often be a very complicated and emotional process. As such, seeking legal assistance will help lessen the pressures that already come with starting a family. Our experienced same-sex adoption attorneys at Lonich Patton Ehrlich Policastri are able to lessen the burdens of the legal process and give you the time to fully enjoy the excitement of welcoming a new member into your family. 

If you or a loved one are looking to adopt or have any questions about how to adopt as a same-sex couple, please set up a free virtual consultation with one of our experienced attorneys at Lonich Patton Ehrlich Policastri. You can set up your free virtual consultation here.  

Please remember that each individual situation is unique, and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

What Is Divorce Mediation And Is It Right For You?

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What if it was possible to get a divorce without going to court? If you could end your marriage without all the hurt feelings and animosity, would you? Divorce mediation provides the opportunity to dissolve a marriage without putting children in the middle of a conflict, and without terminating a good relationship between both parties. It provides the means to co-parent successfully with your ex while both of your personal interests are looked after. What is divorce mediation though, and is it right for you?

What Is Divorce Mediation?

When people think of divorce, they imagine hostile court hearings and expensive legal fees. Divorce mediation is an option two parties can choose that is cost-efficient and less conflict-oriented. In this method, two parties hire an impartial third party to negotiate an agreement between them. In this mediation, the mediator will walk you through a series of complex issues, taking both of your interests into account, and will help you agree on a settlement. Mediation aims to reach an agreement that satisfies both parties’ needs and wants, maintains an amicable or neutral relationship between the exes, and avoids the expensive legal fees from divorce litigation. Mediation is also popular because of the privacy it provides. There are no public records of what goes on in mediation sessions.

People tend to favor mediation because it gives them more control over their divorce and how different matters are handled. Some of the matters a mediator will help you with include:

  • Child custody and child support
  • Spousal support
  • Property division

Divorce mediation also helps with overall communication between a couple. If a couple is getting a divorce, it’s common that their communication methods are strained and ineffective. Having a divorce mediation lawyer trained in mediation and communication can vastly improve communication between two parties. Sometimes you just need a neutral third party to see things fairly. 

When Mediation Isn’t Right For You

There are many instances in which mediation is a great decision. However, there are also plenty of circumstances in which mediation is not an option. One of the most common instances where mediation is not recommended is in the case of domestic violence. Because of the nature of the relationship between a domestic violence victim and an abuser, there is a heightened risk of tension turning violent. There’s also an increased risk that the abuser will intimidate the victim or threaten them, and they will agree to terms that aren’t actually equatable. 

If one party does not want to get divorced, mediation may not be an option. Mediation relies on both parties being open and willing to communicate and separate. If one party is resistant or unwilling to do this, mediation isn’t an option. 

If you have questions on whether divorce mediation is right for you, you can contact an experienced attorney at Lonich Patton Ehrlich Policastri. We’re located in San Jose, CA, and serve surrounding areas. Our lawyers are trained in mediation and collaborative divorce and can help you through this difficult time as easily as possible. We offer free 30 minute consultations, in person and virtually. Set yours up here.

How To Make A Temporary Restraining Order Permanent

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Domestic violence restraining orders are incredibly helpful when you find yourself in a dangerous and abusive situation with some close to you. The court will grant these orders to you after an evaluation of the events leading up to you asking for a DVRO. There are various kinds of restraining orders – Emergency protective orders(EPO), temporary restraining orders(TRO), permanent restraining orders(PRO), and stay away orders. If you’ve already been granted a temporary restraining order, and are afraid for when it ends, how can you make it a permanent restraining order?

What is a Permanent Restraining Order?

A permanent restraining order is the strictest order in the state of California. Judges hand these out cautiously, and at their discretion. The circumstances which warrant a permanent order are usually severe, making acquiring one more challenging for victims. Don’t let this discourage you from seeking help. An experienced DVRO attorney can help you get the protection you need. 

While a permanent restraining order isn’t actually permanent, it does last significantly longer than a temporary restraining order which spans 20-25 days on average. The span of a TRO depends on when your court date is scheduled. In California, a permanent RO can last up to 5 years. At that point, you can file for a new PRO with the courts to maintain protection. 

Not only do PROs last longer, but they also have more severe consequences if the order is breached. A person who violates a PRO can be charged for each individual instance that they violated the order. So, if they violated the order 3 times, they can be charged with 3 separate counts. Violations can warrant penalties and fines, probation, and jail time. 

During a permanent restraining order, both parties are prohibited from contacting one another for the duration of the order, even if the victim no longer wants the order. This means that the abuser can still be penalized if they communicate with the victim, even if they were not the one who initiated contact. 

How To Make A TRO Permanent

After a judge has issued a temporary restraining order, a court date will be set by a judge. The victim will be protected until their court hearing (approximately 25 days). At this hearing, the victim and the accused abuser will both have a chance to present their case for why a PRO should or should not be granted. This is why having legal representation is so important. The victim will need to make a strong case for why a permanent restraining order should be put in place, as judges are very particular about granting these long term orders. If the victim does not show up to court, the temporary restraining order and its protection will end. If the accused does not show up, they will not be allowed to make a case against a PRO. The judge will make their decision without the input of the accused party. If the judge decides to put a PRO in place, they will determine the length of the order, having it last as long as 5 years.

If children are involved, you may file a restraining order on behalf of the child, or, if they are 12 years or older, they can file a RO themselves. Because of the nature of domestic violence in the case of children, PRO cases can often involve rulings on child custody and support. 

If you need help in presenting your case for a permanent restraining order to the courts, or need help acquiring additional child custody orders in regards to PROs, get in touch with our San Jose restraining order attorneys. We have over 100 years of collective experience handling family law cases like TROs and PROs. Set up a free 30 minute consultation here. We also offer virtual consultations in light of COVID-19. 

What’s the Difference In Collaborative Divorce vs Mediation?

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Despite the dramatization of divorce, it doesn’t always have to be a messy, contentious process. Often, couples who are in agreement that a divorce is in the best interests of both parties can finalize the divorce agreement without a long trial. If you and your spouse both agree to negotiate a fair and equitable settlement, then learn about collaborative divorce vs mediation. One may be the best path for you. It will cost significantly less — as divorce litigation can result in a much more expensive divorce. It will also help you and your spouse avoid a long and stressful litigation process.

Who Collaborative Divorce vs Mediation Will Benefit

For some couples, the formal court litigation process is necessary. Collaborative divorce and mediation work best for the following types of spousal situations:

  • Both spouses should agree that a divorce is in their best interests.
  • Both spouses should agree to negotiate a fair and equitable decision that is a compromise of both spouse’s needs.
  • If the spouses share children, both spouses should have a relatively similar idea of a custodial arrangement that is in the best interests of the children.
  • Both spouses should agree to be transparent about financial information and property assets.

Before deciding between collaborative divorce vs mediation, it is important to understand what both options can mean for your divorce settlement.

What is Collaborative Divorce?

Collaborative divorce is the process of negotiating a divorce settlement in a four-way conversation with both spouses and their collaborative mediation attorney. 

Many people chose collaborative divorce because it may save them from going to court, but still requires qualified collaborative divorce lawyers to represent their interests. Oftentimes, collaborative divorce requires a third-party accountant and a child custody specialist so that they may determine an equitable division of property and a child custody arrangement that is in the children’s best interest.

Once the spouses and their attorneys reach an agreement, the details are presented to a judge in a trial setting, in which the judge quickly reviews and typically approves the divorce settlement. Since the spouses reached an agreement before the court hearing, the process is usually shorter and less stressful than typical divorce litigation.

What is Divorce Mediation?

Divorce mediation is the division of property that is facilitated by a divorce mediation specialist. 

The divorce mediation specialist does not need to be a qualified divorce attorney, however, couples with high-asset-net-worth are advised to hire a divorce mediation lawyer.

In this scenario, the mediator speaks to both spouses to obtain background information. Next, the mediator meets with both spouses and goes through the formal mediation process in which both couples share their perspectives and interests. The mediator’s goal is to allow both parties to express their interests and create an equitable compromise. The mediator also ensures that one spouse does not overpower the other spouse during the mediation process.

Although an independent divorce attorney is unnecessary in mediation, some spouses wish to have an attorney who they can speak to after the mediation meetings. Additionally, some spouses feel that they are unable to promote their interests on their own and bring their personal attorney to the mediation meetings. If your spouse brings their attorney, it is highly recommended that you do so as well.

How to Determine If Collaborative Divorce vs Mediation Is Right for You

If you are still uncertain if you and your spouse should choose the collaborative divorce or mediation process, then it is recommended to speak with a qualified divorce attorney. 

LPEP is a reputable law firm in San Jose specializing in high-net-worth divorce proceedings. Contact our office today for a 30-minute free consultation so that we can advise you on how to protect your interests without a stressful trial.

What Is Collaborative Divorce?

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Divorce doesn’t always have to be ugly. If you’re going through a divorce or considering one, you probably share the fear of angry confrontations and animosity that divorce brings with many other couples. While mediation can be a good option for couples who want to minimize the negative effects of a divorce and handle the settlement on their own, it isn’t for everyone. Mediation can even negatively impact one of the spouses as it does not rely on the fair assessment of a lawyer for help. Collaborative divorce is an ideal option for couples who want to maintain some sort of relationship, and effectively and fairly divorce with the help of legal counsel. What is collaborative divorce and how does it work?

What Is Collaborative Divorce?

Collaborative divorce is when both parties seeking a divorce acquire individual representation. Then, through a series of 4 way meetings, the couple and their attorneys will work together to reach a fair and amicable settlement. Collaborative divorce is for couples who wish to avoid going to court or avoid building any extraneous animosity between them. The end goal is to have both parties happy with the settlement, rather than one happy and one unhappy. 

The Job of Your Divorce Attorney

Collaborative divorce attorneys have specific job responsibilities they must follow to help their clients. They must be trained in negotiations and conflict resolution. They serve to advocate for their clients, maintain level-headedness, and reach a fair agreement. It is in the best interest of the attorney to help their client reach an agreement through collaborative divorce. Otherwise, if an agreement is not reached, the attorney or the attorney’s firm cannot represent the client in court. If you hire a collaborative attorney, and you withhold or pass false information to them, the attorney is required by law to inform your spouse and their representation and to remove themselves from the case. It is in your best interest to remain honest and forthcoming with your attorney, as they are there to represent and help you. 

Many people appreciate the collaborative process as it can utilize the help of outside parties such as mental health professionals (among others). Your attorney or your spouse’s attorney have the ability to bring in an outside authority if they feel it will help the process of reaching an agreement. Both parties will be fully aware of the outside party’s presence and their intentions before entering the meeting. This is so both parties can prepare with their attorneys, and this goes for every meeting, not just the ones with an outside authority. As an agreement is reached, it is the responsibility of the collaborative divorce attorney to draft the settlement into a legally binding document. For an agreement to be reached, both parties must agree on all consecutive issues. There has to be unanimous agreement on each issue for a settlement to be reached in collaborative divorce. 

If you are willing to negotiate with your partner, want to maintain a good relationship, and want to save money, a collaborative divorce may be the right option for you. Our experienced attorneys are skilled in the art of negotiation and conflict resolution. We want to help you and your soon-to-be ex spouse resolve your differences and come to an agreement that is best for both of your interests. Set up a free 30 minute consultation to discuss your options. Set yours up here.

What Is A Postnuptial Agreement?

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Most people understand what a prenup is, but what is a postnuptial agreement? This is an agreement many couples entering into marriage may not know about, but they should. How can a postnuptial agreement help you and your partner?

What Is A Postnuptial Agreement?

A postnuptial agreement is very similar to a prenuptial agreement. The main difference is that the agreement is entered into after marriage as opposed to before. Just like a prenuptial agreement, a postnup is there to help dictate how assets and real estate will be divided in the case of a divorce. Postnuptial agreements can also help protect one spouse from the other spouse’s debts. While a postnup is most closely associated with infidelity and marital issues, it can be a very beneficial tool for a successful marriage. 

How Can A Postnuptial Agreement Help You?

There are many ways that a postnup can help you and your spouse, and protect your interests. In California, property acquired during the marriage is presumed to be community property in a divorce. Community property means that both spouses own the property and assets equally, and they will be equally divided in court. Many California couples choose to create a postnup to avoid this equal division and to instead have assets divided as they wish. What are some examples of a postnup being beneficial?

A spouse hands a pen to their partner as they sign a postnuptial agreement together

Affairs & Infidelity

This is probably the most recognized reason for acquiring a postnup. If two parties enter into a marriage trusting one another, and post-marriage that trust is broken, many couples turn towards a postnuptial agreement for help. The potential for the marriage to not work out comes to the forefront of the couple’s mind, and they are forced to think about what the dissolution of their marriage might look like. This causes people to create a postnup to protect their assets and interests and hopefully support restoring trust.

Excessive Arguments & Turmoil

Similarly to an affair, excessive arguments can cause couples to reevaluate the security of their marriage. When couples have a lot of animosity between them, they act impulsively and in anger, and can do things that they may later regret. This is why divorces turn ugly so often. For a couple who recognizes the signs of a marriage going downhill and worry about things getting back on track, setting up a postnup to protect against negative decisions made in anger is a smart decision. 

Business Owners

For a spouse or spouses who start a business after they become married, setting up a postnuptial agreement can protect both parties in the case of dissolution of the marriage. A postnup can also protect parties who owned a business prior to getting married. A postnup can protect spouses from debts acquired from a failing business. It can also protect future earnings from being equally distributed between both spouses when one spouse does all the work and solely owns the business. 

Inheritance

If one spouse acquires a large inheritance and wants to protect this amount in the case of a divorce, a postnup is a smart decision. It can also protect the inheritance if the spouse invests it into a family business or personal business. 

Children & Property Prior to Marriage

If one spouse owns property pre-marriage or has children from a previous marriage that they need to provide for, a postnuptial can protect against an ugly divorce and can maintain one’s assets and real estate. 

Debts

If a spouse enters into a marriage with a lot of debt, or if they acquire debt post-marriage, one spouse may want to set up a postnup to protect themselves from being held responsible for a debt they had nothing to do with. 
Postnups can be incredibly effective when protecting oneself from an ugly divorce, or from the community property law in California. If you and your spouse are interested in setting up a postnuptial agreement, get in touch with one of our experienced attorneys. Couples seeking a postnup can use the same legal counsel as opposed to a prenup where separate counsel for each party is required. Set up a free 30-minute consultation here to begin setting up your postnuptial today. 

How To Get A Child Support Modification During The Pandemic?

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Nobody wants to admit that they are unable to make their child support payments to help provide financial support for their family. Unfortunately, circumstances happen that can make adhering to the payment schedule no longer feasible. With the pandemic dismantling people’s livelihood, many parents are finding that it is necessary to go through the child support modification process.

What Are The Requirements?

There are two methods of changing your child support order. If the other guardian is not willing to accept your proposed modification, then you must prove that there has been a significant “change in circumstances” since your last payment. Change in circumstances encompass the following scenarios in which one or both parents has experienced:

  • A job loss
  • A change in income
  • The birth of a child from another relationship
  • The event of becoming incapacitated or incarcerated
  • A significant change in the amount of time that they routinely spend with the child in custody
  • The costs of raising the child have increased significantly
  • Or there has been a significant change in other factors related to raising the child

Sometimes both parents can come to an agreement on child support payments. Typically, this is the result of a significant life change listed above. However, it allows the modification requester to bypass the legal process of having to prove that a change in circumstance occurred. In this scenario, both parties can sign a written agreement detailing the child support modification. Then, the parents may present the agreement to a judge, and the judge can approve and legally alter the child support arrangement.

What Are Common Misconceptions About the Child Support Modification Process?

It is important to note that a nonverbal agreement between parents does not make a legal change to the child support agreement. The child support agreement may only be changed by a judge, which means that you must go through the necessary legal process in order to modify payments.

Some people may believe that modifying their child support in the event of a job loss is unnecessary if they are actively searching for employment. With such a delicate financial situation, however, it is highly advised to be proactive with managing your payments so that you may reasonably meet them without financial strain.

What Should I Do If I Can’t Afford Child Support?

If you have experienced a life-altering change in your financial situation, then it is important to be proactive in modifying your child support so that you do not become indebted to the other parent. If you have a positive relationship with the child’s other guardian, then it might be best to have a conversation with them about signing a modification agreement and presenting that to a judge to get it approved.

Many parents, however, might find it in their best interests to go through this process with the help of a qualified family law attorney. If you are living in the Bay Area and would like advice on how you can modify your child support, then contact our offices at LPEP to schedule a free, 30-minute consultation. LPEP is one of the most reputable family law firms in the Bay Area and has the resources to help you fight for your parental rights.

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LONICH PATTON EHRLICH POLICASTRI

1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.

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