Posts Tagged ‘child support’
Thursday, May 24th, 2012
Paternity is a contentious issue in some cases, and that goes for whether the presumed father was or was not married to the child’s mother. The news that a child they believed was theirs is actually not biologically their child can shake a man’s foundation. Having a child is to some men the greatest feeling in the world. They care for the child, play with the child, and develop a relationship. When news breaks that the child isn’t theirs, it can rip the floor from under them. Such a revelation often ends in divorce or severing of a relationship. Then they’re faced with a big question: should they pay child support, and do they have to?
For some men who discover they are not the biological parent of a child, paying to support somebody else’s child is a humiliating slap in the face, especially knowing they were betrayed and perhaps misled by the mother of the child. But the relationship they may develop leads a lot of men to pay child support if only so the child they have grown to love and adore has all they need. Unfortunately, the law is not always on their side and non-biological fathers are sometimes required to continue paying child support even if scientific evidence indicates that they are not the father.
Common sense seems to dictate that responsibility for supporting the child should fall to the biological father, not the non-biological father even if he was married to the child’s mother. But the law seems to interpret your taking responsibility as the father as acceptance of all responsibilities, including child support. This is even the case when the non-biological father was led to believe that he was the biological father of the child, or had no reason not to believe as much.
Some states, like California, assume that when the mother is married, her husband is the legal father unless otherwise stated on the birth certificate or if circumstances would have prevented him from being present at conception. It may be easier to avoid legal fatherhood if the couple is not married and a paternity test reveals that you are not the father.
The issue is extremely murky to add to the unpleasantness of the situation. It’s best to seek the counsel of a family law attorney who will answer your questions and advise you of your rights. In almost every case, though, you must get a neutral third-party paternity test to establish that you are not the child’s father; home paternity tests are not considered admissible in court.
Thursday, March 22nd, 2012
Child support is a contentious issue for a lot of couples who are going through a divorce. While most couples would probably agree that they’d prefer an uncontested, easy divorce process, when kids are involved, there is bound to be contention and stress. In a lot of cases, one party will feel they were unfairly treated in the final agreement, and many non-custodial parents are unhappy with the amount they are ordered to pay in child support. Other times, the custodial parent does not believe they are receiving enough. The money is intended to help the custodial parent cover costs related to caring for the child.
So what happens when the non-custodial parent believes that their payments are too high? They must file a request to modify the order. Never should a parent simply stop making payments. For one, the money is intended to help meet the child’s needs from providing him or her shelter to healthy meals. And failing to comply with a court order is a serious offense that may bring serious and lasting legal consequences to the individual. Those who are interested in modifying the order should always go about it in the right way and follow all necessary procedures. A lawyer should be consulted to make sure they are taking the correct steps.
A modification in a child support order may be obtained through the court. Remember, the court acts in the best interests of the child, but if there is a change in the financial situation of either party, an order modification may be obtained. A common modification request stems from unemployment. When a non-custodial parent loses his or her job, they must inform the child support office and seek a temporary modification until they find a new job. Keep in mind that they may actually owe whatever payments they miss once they find a new job. But this is better than being delinquent in their payments.
If one of the parents suffers a disability that affects their earning capacity and, therefore, ability to support the child, a modification may be sought. What’s more, if the child suffers an illness or medical condition requiring more care, a modification may be granted. Increases in the age of the child or the cost of living in the area may allow for a modification as well, as well as changes in specific costs related to the child—daycare, health insurance, etc.
Thursday, September 22nd, 2011
In the face of the current change from the family courts leaning mostly towards mothers in assessing child custody or support in a divorce, a large amount of fathers nevertheless still think their parental rights are put into a subordinate position. A lot of men neglect to recognize they are allowed the equivalent expectations, except not having a court order to safeguard their interests, they have no official or authorized documentation to apply their rights after a divorce is finalized.
Diefer law helps to protect the rights of Father’s in cities throughout the Southern California. For anyone enlisted in the armed forces stationed overseas and having family problems here in California, we are ready to aggressively represent you on your behalf.
Flexible fathers involved in a divorce typically conform to settlement terms that can concede their parental rights relating to custody, visitation and monetary assistance of their child and further issues because circumstances vary greatly following a divorce. With many years in various family law cases, our legal office can help fathers in laying the foundation for thorough and official rights, which aid in using them to:
· Acquire child custody resulting from substantial changes in a parent’s life
· Put a stop to potential relocations from interfering your visitation privileges
· Contest assertions of missing child support payments
· Stay away from prospective reimbursement of any state assist gathered by the child’s mother
· Maintain the entitlement to inquire about divorce decree modifications
With no need for confirmation of your fathers’ rights supported by a expert divorce settlement, challenges afterward may cause possible loss of a certified license or identifying document that limits your means to take a trip.
Father’s Rights and Paternity
Although matters of parenthood sometimes surface when children are still young, issues can change. A plainly recognized fatherhood can assist single biological father get around losing their parental rights as your circumstances changes or your child’s. From addressing assertions of abandonment to demonstrating thorough child financial support, we can help defend your happiness along with your child’s future.
Contact us for a consultation to go over your needs with an experienced family law lawyer dedicated to assisting you and your loved ones.
Monday, July 25th, 2011
Parents have a right to see their child and spend time with him or her, but matters may be more complicated if the parents of a child are unmarried. In a lot of cases, unmarried parents will try to ‘make it work’ so to speak, with some even moving in together. If the parents decide not to pursue a relationship, they may agree to share custody or give the non-custodial parent visitation rights. However, even with these verbal agreements in place, it is often very helpful to speak with an attorney to obtain a court order that dictates the terms of the child custody agreement. One small fight between parents may blow up to the extent that the non-custodial parent’s ability to see his or her child is put in jeopardy.
If you’re a father, know that you are not given automatically the right to see the child in California. Even if you have worked out an arrangement with the mother of the child where you will see the child on weekends or holiday, or if you’re living with the mother and the child, it is often in your best interest to obtain a formal custody agreement so that your rights are protected down the road. Things may seem peachy now, but they can turn in an instant. Make sure you’re protected in such a case.
You hear a lot about ‘deadbeat dads’ who may fall behind on child support for whatever reason, but you don’t hear a lot about fathers fighting for custody or visitation rights in a system that may not seem fair to them. There are plenty of cases of mothers who do not want anything to do with a child’s father who will deny him the right to see the child just to get him out of her life. The good news is that fathers may fight for their custody rights, but must obtain a court order to ensure that their right to see their child is protected. Whenever there is an issue of custody—whether looking to obtain custody or visitation, or when the custodial parent has violated the order—it is a good idea to speak with an attorney.
When the court determines the custody of a child whose parents are not married, it may be difficult for a father to win custody over the mother unless she is deemed an unfit one. However, fighting for visitation rights is often well worth it.
Monday, July 18th, 2011
Even if an unmarried father has paternity established and is listed on the child’s birth certificate, it doesn’t mean he has any custody rights. When seeking custody, you have to demonstrate that you’re committed to having a relationship with your child. You need to be involved and participate in raising the child.
A crucial element in these disputes is who is primarily taking care of the child now. The courts don’t rush into making drastic changes to the child’s lifestyle. However, you may win custody or at a minimum joint custody of your child if it’s in the best interests of the child.
Some Tips to Winning Child Custody
1. If a custody dispute arises, you should get it resolved through the legal process in a courtroom to get a custody order. A custody order is a legally binding custody agreement. If one of the parents violates the terms of the order by denying visitation, not bringing the children back that parent can be held in contempt of court; fined and punished. The first steps to getting a custody order is to arrange a court date so you may get everything finalized.
2. Try to come to an agreement. The preferred method is to have an agreement . If parents can agree on a visitation and custody schedule, the courtroom will simply accept it into a court order . If the opposing parent will not agree, you should go to the courtroom that you made an effort. You may want to hire a child custody lawyer to help you work on your case. The reason being is if you have a good presentation you will more likely to influence the judge and get your agreement accepted.
It does not matter if you are a non-custodial parent attempting to get consistent and uninterrupted visitation to your kid, or a custodial parent who wants information concerning your obligation to offer access to a non-custodial parent in California, contact Riverside child custody lawyer at Diefer Law, a law firm specializing in family law.
Friday, October 24th, 2008
Adjusting to new situations can sometimes be hard for families. It can be particularly hard to readjust when a marriage has fallen apart and there are children involved.
If you marriage has recently ended and you have gone though an Orange County child custody case, you may be left wondering what to do next. It can be hard starting a new life after going through a divorce and an Orange County child custody case. If you are the parent that was awarded custody after the divorce was settled, you are probably trying to cope with taking on both parenting roles. Some parents in this situation report that it was beneficial for them to join a support group of parents that have also gone through a similar situation. Hearing the stories of others and how they dealt with the new situation help a great deal in getting you settled into your new life. The support of your friends and family can also help with the situation.
If you are the parent that was not awarded Orange County child custody, you are probably dealing with many emotions. Some parents ask themselves why the court did not rule in their favor during the divorce and how they are going to deal with not seeing their children every day. It may also be helpful for you to find a support group of people that have not been awarded Orange County child custody, just to develop an outlet where you can discuss your feelings on the situation and learn how others have made it through.
Wednesday, October 22nd, 2008
It is no secret that raising children can be difficult. Many parents find that they are not fully prepared for the responsibilities of parenthood and many have doubts in their abilities. Parenthood can also be a joy. Watching your children grow and develop can bring more happiness to your life than you ever imagined.
When you do not have custody of your children however, you may miss out on some of the joys and difficulties of raising children, but you may still be required to pay Orange County child support. You have been ordered by a court to make Orange County child support payments, you likely have to make those payments each month. There are normally stiff penalties involved if you miss making payments, or you make them late. Therefore, if you find yourself without the money to make the Orange County child support payments each month, there may be options available to help with your situation.
You may be able to request a modification of support orders depending on the reasons for your inability to make Orange County child support payments. A court probably will not award you a reduction in Orange County child support payments during a modification of support orders request unless you can prove that you have suffered a reduction in income. This reduction could come in a variety of ways including the loss of your job, or a pay reduction at work. Family law could be a good resource for you to hire when you are trying to decide whether or not to move forward with a modification of support orders. Family law will be able to help you determine if your situation could produce a reduction in the payments. Family law can also help you determine the best time to request the modification.