Category Archives: Child Support

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Child Support
Dec 30

Court Rules Husband Must Pay $60,000 in Child Support Arrears

This case involved the enforcement of a 2005 registration of a 2001 Minnesota court order for child support arrears. The Sixth District…

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Dec 02

Court Reverses Child Support Order that Penalized Mother for Interference

In this case, the Fourth District partially reversed a San Diego County Commissioner’s child support order that attributed a nonexistent timeshare percentage…

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Nov 25

Who has UCCJEA jurisdiction?

This issue often comes up. Which court will have jurisdiction to modify existing court orders. In this case, the 2nd district correctly determines…

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Oct 17

Can You Deny Visitation If Child Support Is Not Paid?

Family litigation is complex because it involves emotional distress and even disputes. One of the most common issues that occur between divorced…

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Apr 12

SSDI lump sum payments and child support

A Mother and Father were married in 2001; their daughter (C) was born in 2002. The couple separated in 2003 and began dissolution…

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Feb 20

How Do I Enforce a Child Support Order?

A child support order is a legal obligation, and there are serious penalties if the non-custodial parent fails to pay. If your…

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Nov 12

What is domestic violence? A look at the battered woman (Part 18)

The Battered Woman Unfortunately the unpredictability of the battered woman also manifests in what exactly causes her to leave. Many women leave…

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Oct 28

What makes a Person Abusive? (Part 15)

What makes a person abusive? Last time we brought up the idea that abusers are able to tap into multiple personalities and…

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Oct 23

What Makes a Person Abusive? (Part 14)

What makes a person abusive?      In addition to the study done by the two researchers which identified two main groups…

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Oct 12

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 13) What Makes A Person Abusive?

What makes a person abusive?      As we have seen so far multiple factors play into a person becoming abusive, and…

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Oct 10

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 12) What makes a person abusive?

What makes a person abusive?      Although many abusers grow up in homes that are abusive, Dr. Bradley insists that coming…

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Oct 07

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 11) What makes a person abusive?

What Makes A Person Abusive?      Dr. Bradley starts this chapter off by identifying what she and other experts have seen…

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Oct 04

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 10) Learned Helplessness

   Another complex taking place within an abusive relationship is what Dr. Seligman, currently a Psychologist at the University of Pennsylvania, identified…

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Sep 25

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 9) The Cycle of Violence

The Cycle of Violence      The question that most people ask themselves when working with domestic violence is "why"? Our society…

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Sep 08

Reliability of Juvenile Witnessess

  Recently, I was discussing the holding in In Re I.C with our juvenile dependency attorney Nicole Anderson. Nicole has been practicing…

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Sep 01

Recent ruling on domestic violence and restraining orders

Spousal Abuse In Fischer v Fischer. (March 18, 2018) In affirmance, First District holds wife did not intentionally or recklessly cause husband…

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Aug 30

Child Visitation

In Ed H. v. Ashley C. (August 24, 2017) In affirmance, Fourth District holds that great-grandparents lack standing to seek visitation with great-grandchildren…

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Aug 24

Child Support

In County of Orange v. Cole (August 15, 2017) In affirmance, Fourth District holds that sperm donor whose paternity cannot be established under…

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Aug 23

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 7) The Psychology of Domestic Violence

The Psychology of Domestic Violence In this lengthy chapter, Bradley attempts to articulate the problem of domestic violence from a psychological standpoint,…

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Aug 12

What is domestic violence? A series on Dr. Bradley’s sourcebook (part 4) The legacy of the O.J Simpson case

The Legacy of the O.J Simpson Case The aftermath of the infamous O.J Simpson case had a tremendous amount of effects concerning…

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Aug 11

Personal Jurisdiction

In Hogue vs Hogue (September 29, 2017) Third District finds that husband’s sending video of his mock suicide from Georgia to wife in…

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Aug 08

High Wage Earners & When Courts Deviate from the Child Support Guidelines

In a reversal, the Second District held that the trial court must, per Fam C §4056, state on the record its reasons…

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Aug 31

Employment Termination & Child Support Obligations

How does child support work if the mother has no job? When it comes to child support obligations, does it matter whether she was…

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Jul 31

Did Mother waive child support?

After a lengthy custody battle, where the parents were in and out of court numerous times over the course of a couple…

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May 19

Are there Equitable Remedies/Defenses to Child Support Arrears?

This is a case that we have been working on this week in anticipation for trial. Father and Mother have a 50/50…

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Mar 15

Is the money that Native Americans get from the casino income for support purposes?

Complex questions about spousal and child support related to Native American gaming revenue or lotteries should be answered by a qualified California…

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Mar 07

Tax Implications of Divorce

Going through a divorce is never as simple as merely ending a relationship. From having to divide assets to finding the right…

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Mar 01

3 Ways to Sabotage Your Own Divorce

Dealing with a divorce is often a difficult and emotional experience, but it's no time to let down your guard. A devious spouse can…

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Sep 14

How Do Social Security Payments Received Get Applied to My Child Support Arrears?

The below story and example regards the marriage of Hall and Frencher. In 2003, a trial court ordered Bruce Frencher Sr. to pay…

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Aug 03

The Problem with Local Child Support Agencies

The local child support agencies (LCSAs) have groups on their behalf lobbying for laws to make their jobs easier. We cannot necessarily…

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Jun 30

Passport Denial for Delinquent Child Support Obligors

One of the harshest enforcement actions the Department of Child Support Services is mandated to take against delinquent child support obligors is to report…

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Jun 21

How Could Bankruptcy Affect My Divorce?

Nothing complicates a divorce or family law proceeding like a bankruptcy filing. The bankruptcy can be filed by the obligor or the obligee. Regardless of…

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Mar 24

Hardship Deductions in California Child Support Cases

People think it is automatic – you have other children and so you get a hardship for those kids in calculating child support,…

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Feb 11

Marriage Presumption

What is the Marriage Presumption? What most people think is routine or normal, is not necessarily normal in the family law court. Incredible fact…

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Feb 11

Social Security and Child Support

Not All Social Security Benefits Are the Same. Family Code section 4058 broadly defines income “from whatever source derived.” And in its…

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Jan 08

POP Declaration and Your Options

You have been sued for paternity and child support by your local child support agency (LCSA). You get served with the paperwork, you recognize the woman…

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Nov 25

DCSS Has Attorneys…..Do You?

DCSS Has Attorneys Representing Them, So Should You! “It is quite simple….., you just input the numbers in a computer program and…

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Nov 20

Health Insurance Assignment Order

It wasn’t bad enough that your wages were garnished. Now your employer is telling you that another chunk of your salary is…

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Apr 15

I Want to Change Custody

Many times parents want to change primary custody of the children as opposed to modifying visitation. Statutory and case law makes changing custody much more difficult than…

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Mar 19

Attorney Jeremy Roark

The Law Offices of H. William Edgar is proud and excited to announce that Attorney Jeremy Roark will take over the day to…

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Mar 01

What Is the UCCJEA?

The purpose of the UCCJEA is to allow states to determine which states has jurisdiction regarding custody and visitation and for the court to determine who…

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Jan 30

Can A Party Stop A Divorce?

If one party files for a dissolution of marriage, the other party can not stop it unless there is a mutual agreement for…

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Oct 19

Effect of Rent Free Housing On Child Support.

The impact of a parent’s mortgage-free or rent-free housing on his or her living expenses and resources may warrant a special circumstances…

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Oct 18

Imputed Income For Child Support

In line with a substantial body of case law on the subject, Fam.C. § 4058 vests trial courts with discretion to consider a parent’s earning…

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Oct 18

Fluctuating or Seasonal Income

To arrive at “monthly net disposable income,” the annual net disposable income figure (above) is normally divided by 12. [Fam.C. § 4060; Marriage of…

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Oct 18

Are Recurring Gifts Treated As Income?

One-Time Gifts Are Not Usually Treated As Income for Child Support By analogy to tax law, which excludes gifts and inheritances from…

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Oct 14

Custodial Timeshare: Daycare & School

There are many factors that the court can consider in making a timeshare determination. A parent’s custodial timeshare percentage can include the time the…

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Oct 14

Child Support in California

When determining child support in California, the two primary factors the court will consider is the income of each parent and the amount…

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Oct 14

A Parent Quits Work To Take Care of New Family?

What Does the Court Do When a Spouse Quits Work and Relies On an Affluent New Spouse? The fact a parent intentionally remains…

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Oct 12

Does My New Spouse’s Income Matter In Child Support Calculation?

NO. New spouse income “ shall not” be considered in fixing child support except in specified extraordinary circumstances. [Fam.C. § 4057.5(a) & (b)] In fact,…

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