child support Archives - Page 2 of 2 - Lonich Patton Ehrlich Policastri

California Enforcement of Out-of-State Support Orders

October 19, 2011/1 Comment/in Family Law /by David Patton

If a child support order is obtained in another state and the custodial parent and child move to California, there are a few steps that need to be taken to enforce the out-of-state order.

All fifty states have adopted the Uniform Interstate Family Support Act (UIFSA). The UIFSA governs when more than one state is involved in cases establishing, enforcing, or modifying child or spousal support orders. The UIFSA helps to determine the jurisdiction and power of the courts in different states and establishes which state’s laws will be applied in the proceedings.

California’s version is codified in California Family Code section 4900 et al., which outlines the general procedures for enforcing support orders or income-withholding orders issued by another state. Specified documents must be submitted to the California tribunal to register the order. Then, the registered order is enforceable in the same manner and subject to the same procedure as an order issued by California. It becomes a California judgment for any arrearages and subject to the same defenses as any other judgment. Although California lacks jurisdiction to reduce or modify the support arrearages, it has the discretion to determine the manner in which the judgment will be enforced.

The Certified Family Law Specialists* at Lonich Patton Erlich Policastri have decades of experience handling complex and heavily disputed interstate child and spousal support enforcement issues. If you have a child or spousal support enforcement issue, please contact the Certified Family Law Specialists* at Lonich Patton Erlich Policastri, who can provide you with an in depth analysis regarding your case. 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.

*Certified Family Law Specialist, The State Bar of California Board of Legal Specialization

Actor Jon Cryer Ordered to Continue Child Support Payments Despite Having Primary Custody

September 12, 2011/in Family Law /by Gina Policastri

“Two and a Half Men” television show actor Jon Cryer pays his former wife a hefty $8,000 per month in child support, even though he has close to full custody of their son. Cryer has 96% of the parenting time while Sarah Trigger Cryer only has 4%.

The two married in 2000 and divorced four years later. Sarah, also an actor, has not had a job since 2005 and is not inclined to look for work. Jon and Sarah each remarried and Sarah had a second child. Following a divorce from her second Husband, Sarah had custody of both her children when, in 2009, the two boys were removed from her after she was accused of being an unfit parent by Jon for leaving their son unsupervised, admonished by the court for negligent parenting, and allowed her second child to be injured while under her care. Jon was awarded physical custody of their son.

Thereafter, Jon requested a reduction of his child support payments from $10,000 per month to zero, as he was now the sole custodial parent. However, the trial court simply lowered the payments to $8,000 per month. On appeal, the court determined that despite Jon’s increased timeshare, any further reduction would be against the best interests of their child and have a detrimental effect, pointing to the fact that Sarah was in the process of reunifying with their son, and that a reduction in support would not allow her to maintain the home that their son would eventually return to once they were fully reunified.

Child support and child custody issues are difficult and complicated. The Certified Family Law Specialists* at Lonich Patton Erlich Policastri have decades of experience handling complex and heavily disputed child support issues. If you are involved in a contested child support case, contact the Certified Family Law Specialists* at Lonich Patton Erlich Policastri. 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.

*Certified Family Law Specialist, The State Bar of California Board of Legal Specialization.

An Action to Establish Parentage Might Help You Obtain Child Support from Your Child’s Other Parent

February 23, 2011/in Family Law /by Gina Policastri

A parentage action is a court proceeding in which the court makes a determination of child’s legal parents. Quite often this is not in dispute, but sometimes parentage is disputed for various reasons. Where the parents are not married, a parentage action or at least a determination of parentage is required as part of any effort to obtain child support, visitation, or custody. Either the mother father (even if disputed) of the child can file this type of action.

It is important to know that the legal parents of a child have an obligation to financially support their child. A legal parent also has the right to obtain custody and/or visitation rights in relation to the child.

For more information about how you can establish parentage of your child, please contact our family law attorneys at Lonich Patton Erlich Policastri for more information. 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.

How You Can Get the Child Support Money You Need

January 28, 2011/in Family Law /by Mitchell Ehrlich

If you are a Bay Area resident who is shouldering the financial responsibility of your child alone, you may be interested in learning more about the details of California’s child support system.

Child support is a certain sum of money that the court orders one parent to pay the other parent. When a California court is calculating the amount of child support one parent should pay the other, it looks at several key factors. These factors include how much the parents earn (or can earn), the other parent’s income, the number of children the couple has together, how much time the parents spend with their children, health insurance expenses, daycare costs, and other things.

The child support money is intended to be used to financially support the couple’s child(ren). Child support is typically paid to care for minor children (children under 18) who are living at home and unable to support themselves. However, parents can agree to support children longer than the age of majority. In addition, a court may order continued child support for a child over 18 who is disabled and unable to care for themselves.

For more information about child support, please contact Lonich Patton Erlich Policastri. 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.

Father Connected to 23 Children Sent to Prison in Child Support Case

December 16, 2010/in Family Law /by David Patton

A few months back, a man from western Michigan was sent to prison for failing to pay child support. He is alleged to have fathered around 23 children with 14 different women, and owed $533,000 in child support. The mother of two of the children said that it was heartbreaking to have to choose between shoes and rent. Over a period of seven years, she has received less than $90 from the children’s father. For more information please see the full article.

If you are having trouble collecting, or paying, your child support you are certainly not alone. If you have a court order for child support and have been having trouble collecting payments, you can ask the court to help enforce the order. One option is an earnings assignment order. If the court issues an earnings assignment order, the other parent’s employer will be ordered to withhold child support payments from his or her check and send them directly to you.

For more information on how to collect your child support judgment, please contact us. 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.

There are Several Different Avenues for Pursuing a Child Support Order in California

November 23, 2010/in Family Law /by Mitchell Ehrlich

Child support is a certain amount of money that a court instructs one parent of a child to pay the other parent. The court’s instruction is detailed in a document called a child support “order.” The child support money is used to financially support the child. If you are having difficulties supporting your child after a divorce, or if the other parent is not pulling his/her weight, you may want to contact a family law attorney for advice.

First of all, if you have been the victim of domestic violence by the other parent you may ask for child support when you are seeking a domestic violence restraining order. If you are married or in a registered domestic partnership and have a child from that union, you can also seek child support as part of a dissolution of that marriage or domestic partnership. The legal procedures differ slightly depending on whether or not you are married or in a domestic partnership with the other parent of the child. Regardless, the procedures all lead to the same result, a child support order. In order to begin this process, you must file a court case. After you file the case, the court may then decide to grant you the order for child support. In addition, if you do not want to file for divorce or legal separation, you can file a Petition for Custody and Support of Minor Children and Summons. This also allows you to seek child support from your spouse.

If you are not married to, or a domestic partner of, the other parent, you may ask for child support in different instances. First, you may ask for child support if you file a parentage case to determine who the legal parents of the child are. Second, if you have signed a voluntary Declaration of Paternity, you may choose to file a petition for Custody and Support of Minor Children as well.

If you are confused about what is your best option for successfully obtaining child support from your ex-spouse, you may need professional guidance. Please contact us for more information. 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.

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