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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…
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…
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…
Can a Couple Live in the Same House but be “Living Separate”?
The answer to that question up until July 19, 2015 of this year would have been maybe (or it depends on the…
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…
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…
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…
Attorney Jeremy Roark
The Edgar & Dow is proud and excited to announce that Attorney Jeremy Roark will take over the day to day operations of…
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…
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…
How Do Courts Determine the Date of Separation?
The date of separation is a pivotal question that either the parties must agree to or have the court make a determination.…
How Much Does Divorce Cost?
This is a commonly asked question in all consultations with the attorney – How much does divorce cost?. Unfortunately, this question can not be…
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…
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…
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…
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…
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…
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…
What Happened to Proposition 8?
Prior to the U.S. Supreme Court decision in Hollingsworth v. Perry, the California Constitution, as amended by “Proposition 8” (eff. 11/5/08), limited a…
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,…
Can the Other Parent and I Agree to a Child Support Amount?
The issue here is whether the agreement is above or below guideline. However, generally the court will not stand in the way…
How Long Do I Have to Pay Child Support?
You will have to pay child support until the child is 18 or graduates from high school. Absent agreement by the parents (Fam.C. §…
Picking the Right Attorney
Many people who are going through a family law issue have never had to hire an attorney or have even dealt with the court…
Establishing Paternity in California
If you have a child and were not married to the child’s mother, you will need to establish paternity to ensure your rights as…
When Can I Change My Child Support? Modifying Child Support
A parent who does not pay child support could face serious penalties, including jail time. If you are unable to pay the full amount…
Divorcing a Controlling or Emotionally Abusive Spouse
Many people find themselves divorcing a manipulative spouse, which can make the divorce or separation process more difficult. We can move your case forward and get…
Can My Powerball Lottery Winnings Be Used For Child Support?
Everyone dreams of winning the Lottery – especially now that Californians get to play Powerball. Many people would believe that Lottery winnings…
Can My Ex Garnish My Wages? Child Support Wage Assignment
Many clients ask the question: Can my Ex Garnish my wages? The answer is yes they can, even if you are current…
How Long Will It Take To Pay Off My Arrears? Child Support Arrears
Contact the Edgar & Dow regarding child support arrears - (888) 251-9618 Alameda County DSS has posted the following link on their website. This is a simple calculator…
Residency Requirements For A California Divorce
California has a residency requirement that all persons considering a divorce must be made aware of. Either you or your spouse must have lived…
Is Spousal Support Tax Deductible?
The answer is generally yes, spousal support is tax deductible to the payor spouse and is considered "income" for the payee spouse when it…
Who Claims the Child On Their Income Taxes?
A common question that many people ask is: Who is entitled to claim the child dependency exemption when the parties are separated…
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