my wifes ex husband is deported but now is back in the u.s.a. illegaly again. And her mother are keeping the kids away from her and state that they will keep them from her at any cost. My wife attempted to pick up the kids from her mothers house a...
You need to look first to the custody orders that are in place, and follow them until you file a Request for Order seeking to modify the custody order. I am including links below which may be of some help. Good luck.See question
We been knowing each other for 8 years. We finally made a decision to be together. So we hired a family court attorney and had his kids mother served with visitation papers. On the same day she was served she went to his parole office and filed th...
Listen to your attorney.See question
Currently no order in place. Child is 9 months old. Does father's family have to file for visits just as her father does?
Extended family members do not have standing to bring a request for visitation before the family court.See question
Can you please give full details and explanations regard it.
My colleague is correct: The court uses gross income and tax filing status, etc. for DissoMaster purposes, and the software calculates net income. But if you want to know more about how guideline child support is calculated, I am including the actual statute below (and then you will understand why family law attorneys use a proprietary program to calculate support. :)
4055. (a) The statewide uniform guideline for determining child support orders is as follows: CS = K [HN -- (H%)(TN)].
(b) (1) The components of the formula are as follows:
(A) CS = child support amount.
(B) K = amount of both parents' income to be allocated for child support as set forth in paragraph (3).
(C) HN = high earner's net monthly disposable income.
(D) H% = approximate percentage of time that the high earner has or will have primary physical responsibility for the children compared to the other parent. In cases in which parents have
different time-sharing arrangements for different children, H% equals the average of the approximate percentages of time the high earner parent spends with each child.
(E) TN = total net monthly disposable income of both parties.
(2) To compute net disposable income, see Section 4059.
(3) K (amount of both parents' income allocated for child support) equals one plus H% (if H% is less than or equal to 50 percent) or two minus H% (if H% is greater than 50 percent) times the following fraction:
Total Net Disposable Income Per Month K
$0-800 0.20 + TN/16,000
$6,667-10,000 0.10 + 1,000/TN
Over $10,000 0.12 + 800/TN
For example, if H% equals 20 percent and the total monthly net disposable income of the parents is $1,000, K = (1 + 0.20) × 0.25, or 0.30. If H% equals 80 percent and the total monthly net disposable
income of the parents is $1,000, K = (2 -- 0.80) × 0.25, or 0.30.
(4) For more than one child, multiply CS by:
2 children 1.6
3 children 2
4 children 2.3
5 children 2.5
6 children 2.625
7 children 2.75
8 children 2.813
9 children 2.844
10 children 2.86
The annual net disposable income of each parent shall be computed by deducting from his or her annual gross income the actual amounts attributable to the following items or other items permitted under this article:
(a) The state and federal income tax liability resulting from the parties' taxable income. Federal and state income tax deductions shall bear an accurate relationship to the tax status of the parties
(that is, single, married, married filing separately, or head of household) and number of dependents. State and federal income taxes shall be those actually payable (not necessarily current withholding) after considering appropriate filing status, all available exclusions, deductions, and credits. Unless the parties stipulate otherwise, the tax effects of spousal support shall not be considered in determining the net disposable income of the parties for determining child support, but shall be considered in determining spousal support consistent with Chapter 3 (commencing with Section 4330) of Part 3.
(b) Deductions attributed to the employee's contribution or the self-employed worker's contribution pursuant to the Federal Insurance Contributions Act (FICA), or an amount not to exceed that allowed under FICA for persons not subject to FICA, provided that the deducted amount is used to secure retirement or disability for the parent.
(c) Deductions for mandatory union dues and retirement benefits, provided that they are required as a condition of employment.
(d) Deductions for health insurance or health plan premiums for the parent and for any children the parent has an obligation to support...
I was served FL-100. Petitioner requests physical custody with visitation granted to me. I was thinking joint custody would be good, not sure of the difference and what benefits the petitioner gets by having physical custody.
I am including links below which will explain the statutory difference between legal and physical custody, sole vs. joint, as well as some Model Parenting Plans. Just so you know, there is no legal definition for primary physical custody in the California Family Code. Hope that helps. Good luck.See question
She is due to start school mid August and I unable to get my co-parent to agree to going to mediation with me. He has spoke of possible moving to another county. He has moved with her many times before and to another county as well. No notifica...
You should not file an ex parte application regarding custody unless you really think the other parent is going to remove the child from California. But you should file a Request for Order immediately, if you cannot agree on what school the child will attend. Once you file the RFO, the clerk will set a mediation date, which is mandatory in all custody matters prior to going to court. I am including links below which may be of some help--including the form you need to fill out for the RFO. Good luck.See question
I filed for custody of my son, and my ex-husband convinced me to work things out without the court. We agreed to not show up to the hearing but, he went anyway. He was awarded full custody. How can I get some type of visitation? I have not seen hi...
The court will encourage "frequent and continuing contact" in cases where there aren't allegations of abuse, drug/alcohol problems, and the like. You most certainly can file a Request for Order seeking some visitation and then thereafter, assuming things go well, a step-up in your time with your son. But your situation probably has some additional facts about why you haven't seen your son since 2010--and I highly recommend that you consult with an experienced family law attorney about the specifics of your case. Nonetheless, I am including links below which will help explain how you go about requesting custody and/or visitation.See question
I'm respondent and the petitioner wants sole physical custody and grant me visitation. We have agreed on joint legal custody. What type of decisions can she make by having sole physical custody that I can't?
I am including a link below which will explain the difference between legal and physical custody. I hope it helps. Good luck.See question
after his dad heard about my son telling the therapist his dad hits him. He is now filled for sole custody because my son has a problem with acting out.
Yes, he can. You need to draft a Responsive Declaration setting forth the reasons why you don't think visitation is appropriate. Better yet, you should consult with an experienced family law attorney to help you draft your declaration and represent you in court. I am including a link to the form you will need to fill out. Make sure you file and serve your Responsive Declaration 9 court days before the hearing. Good luck.See question
I had a cps case in 2007 and we had to take classes I did all mine but he refused to do his and the judge said so your giving up all rights to your son he said yes. the judge said if I was in trouble that he could not get my child. well now he wan...
No, not if his legal rights were terminated in dependency court.See question