My child's father and I are unmarried but reside together. I anticipate moving out with our child in the near future and expect him to try to avoid paying CS. I expect this because he's divorced with 2 older children and he goes to great lengths...
Your word is one type of evidence the court will consider to establish his income available for support. Family Code 4058. Before he denies it, provide the bank or name of person(s) where his pay checks go and subpoena the records to corroborate your claim. If he has a record of Uber income, copy it and/or subpoena Uber to show he is being paid. Provide copies of his bank records or subpoena them to show the income from Uber isn't there (eg he's being deceptive). Provide a copy of his bills to show he pays more out than can be documented as income going into his bank account. And you can copy his pleadings/orders from the ex wife's case and ask the court to take judicial notice of that file to establish his scam. And if he quit his job (prove it via subpoena to his employer), and ask the court to set his earning ability at the same income he was making before he voluntarily stopped working. Family Code 4059 lets the court use actual income or earning capacity when setting Guideline child support.
If none of these ideas help, request a vocational evaluation which may cost $2,000 but is solid evidence the court can use to set support and allocate the cost of his evaluation to be paid by him along with your attorney fees.
If he does not pay the support or arrears or fees for the evaluation or your lawyer, file a contempt action (not an easy undertaking without competent legal counsel because the law is complicated anytime the punishment includes taking away a person's freedom - it's the only time he'd be given a free lawyer even if you don't have one) but once you prove there was a valid order, he knew about the order, and disobeyed it willfully, you can ask the court to have him sentenced and put in jail.
Every violation of a court order carries a penalty of 5 days in custody. It adds up and even one day in jail makes even the most hardened tough guy re-think the merits of suppressing their income for the purpose of avoiding a support obligation (something courts already called incorrigible).
The judge will not incarcerate him on a 1st conviction other than picking up trash by the curb or freeway but once convicted the court will put him on probation to obey ALL future court orders and remain law abiding in all respects.
Every Time he fails to do so, you can revoke his probation (easy) and force him to serve part of his sentence in custody. That means if he didn't pay support 6 times and was convicted for 6 counts, he'd be sentenced to 30 days in jail (eg 6 counts x 5 days for each count = 30 days). The first revocation may be the weekend behind bars, leaving 27. The next time it could be 10 days. Then each new violation could add 5 days back if convicted of the new violations. Each time the court will award you more legal fees. Family Code 3557 says courts must award fees if they're incurred collecting arrears. Family Code 271 says the courts can impose monetary sanctions against anyone whose actions increase litigation costs or impede settlement. You must be vigilant, patience and persistent to be successful. Some people are stubborn, some bullies, some heartless. They don't matter. The system works if you can view it as a whole and not become discouraged by setbacks or small defeats along the way. Good luck to you as you both part company. It's possible if you tell him what you're planning, the proof you have and what you want, he may simply agree to cooperate to avoid the carnage that awaits him down the road.
Original support order entered in Illinois in 2002. Case was transferred to California and current support was modified. Arrears had already accumulated in Illinois. Question is how is interest applied? The arrears are over $100,000 from IL and C...
Illinois has continuing jurisdiction over the case since California is merely enforcing the original order. You'd need to have filed a Registration of Foreign Support Decree so California could hear the case and make orders. And I believe the courts here would apply Family Code 4050 to establish a guideline order. In so doing, it'd order support until the child is 18 and a high school graduate or 19 if not yet graduated but still living at home. As for interest charges, once you get a judgment for unpaid arrears, CCP 685.010 compels interest at the legal rate of 10% per annum until paid in full.See question
So there is a cost of $100 for school fees. Is the parent paying child support normally expected to pay a portion of these types of fees in addition to their child support payment?
That was an excellent answer by my colleague. The only thing I might add is that there are four types of "extra" child support the court can order on top of the basic guideline amount. The first two are mandatory add ons, (1) for medical, dental, optical, ortho, counseling and prescription drug costs incurred for the child but not covered by insurance (2) child care costs necessary for employment or education related to employment. The next two are discretionary. The court may order them split evenly or unevenly or not at all. They are (3) travel costs and (4) educational costs. In the case of school fees I'd suggest asking the other parent to just split it.See question
San Diego ca. TRO/RESTRAINING ORDER HEARING.
If one party appears in court to get the temporary restraining order and the request is granted, the clerk will set a hearing date within a certain number of days and instruct the moving party to make sure that the defendant receives all the paperwork before the court date. Sometimes it is not possible to effectuate service in a timely manner. At the time of the hearing, the moving party will appear in court and tell the judge they were not able to serve the responded with the paperwork. The court will do something called a reissue which means they give you a new court date and tell you to make sure the other side gets to read your paperwork before the next hearing everyone has a right to fight in court but it always has to be a fair fight. Good luck.See question
SHE LIVES IN san fran, filed in el cajon
If I understand you correctly, your daughter lives in San Francisco and the court in El Cajon granted someone else's request for a restraining order against her. But she apparently knows about it now. I wonder why the order was issued if she is too far away to be a danger to the alleged victim unless she travels back-and-forth frequently or perhaps it is a matter of Internet stalking which can be done anywhere. However, that was not your question. You want to know what can be done because your daughter never was served with the temporary restraining order or given a fair chance to present her side of the story that to defend yourself. And I correct? The best thing to do is file a motion to vacate the judgment and to prepare a declaration explaining how she was not served and why she now is aware of the order was granted. her complaint is very basic and constitutional in nature. Every citizen is entitled to notice and opportunity to be heard. It's in the due process clause. It means before the court makes any orders against a person, they should know what their accused of that have a chance to defend himself. That didn't happen for your daughter. So the order that was granted needs to be thrown out.
Do I have to do anything after a garnishment is enforced or am I in compliance with the law.
Mr. Taylor is correct. There are four elements to prove the contempt action. There has to be a valid order; you have knowledge of the order; you have to have the ability to comply with your other; and then you have to willfully disobeyed the order. It is your obligation to pay the full amount of child support each month. You know how much is being taken out of your paycheck and how much your child support obligation is every month. The question is whether or not you have enough to pay for your necessities of life and still meet the child support obligation. Sometimes the person violate the court order but does so unintentionally. Stated differently content is very difficult for even season attorneys to prove because there are so many constitutional protections to help you stay out of jail. It is the other sides burden to prove you had the ability to comply with your daughter and that is not always an easy task. On the other hand, the best course of action is to acknowledge how much you are behind and then either set up a payment plan or bring the deck current. Do you judges will appreciate or allow a contempt action to be filed when there are no longer any arrearages.See question
My daughter has court ordered visits with her dad a few hours at a time 4 days a week. This order was put in place when she was two. He and I have been able to put our past issues aside and co parent our daughter. (Surprisingly) he works grave ya...
Fortunately there are no set rules or guidelines for how to establish a schedule of visitation in any given case the judge will do it based on whatever is best for the child. It depends on your work schedule, and his work schedule, how far apart you both live, the age of the child, when and where the child goes to school, whether the child has any special needs, and so forth. The goal in California is to make sure children have continuing frequent regular and ongoing contact with both parents after the parents are separated or divorced. That policy has to be balanced against any existing protection issues or needed safeguards in cases where one or both parties have a history of alcohol abuse drug use domestic violence or other factors that impact the child.See question
I recently put out a Restraining Order against My Husband. We have been separated for awhile now, since January 2014. Since My Mother has passed. He recently broke into My house while I was with another man. In any way possible can he have the ...
Definitely do not drop the restraining order against your husband. He sounds like a man restraining orders were meant to control. California is a no-fault state for many years. It means the judge does not care if you were sleeping with another man nor any other facts that do not directly bear on the single issue in the case. Has he done anything to hurt you, or place you in reasonable fear of imminent harm, physical emotional psychological financial or other? You've been separated since January 2014; this might be a good time to take the next step and file for divorce if you're not going to reconcile. If you rely on his support to pay bills or make ends meet and maintain the marital standard of living you are entitled by law to be paid spousal support. How much and how long depends on how long you've been married and the other factors in family code section 4320. Lastly, if the TRO is new (temporary), and you ask to dismiss the case because he threatened to cut off your support the judge will still keep the order in place. Instead I would suggest that you enforce the restraining order if he violated the terms and file a contempt action along with your support request when you file the divorce and let him spend five days in jail so next time he'll think twice before threatening youSee question
Oppose a witness list? Can I do it before the trial? What is the procedure for denying a witness? Can I refuse to give testimony or testify against myself in a deposition? Can I plead the 5th amendment in a deposition? Can a CPS report clear me of...
If you have a legitimate evidentiary objection to the names on a witness list presented sufficiently before the date set for trial, you can file a motion in limine and asked the court to exclude The testimony of a particular witness if your objection is granted.
For example if 10 people are planning to testify on the very same issue like Tom is a real good employee because he always goes to work the judge will likely not be interested in cumulative testimony.
As for your own testimony everyone has the right to exercise their fifth amendment privilege and no one can be compelled to testify against himself or make incriminating statements that could be later used against the witness.
Fundamental constitutional fifth amendment guarantees however only apply to criminal acts The penalty of which includes the deprivation of liberty or going to jail
I filed for divorce on June 19th 2014. My husband was served on June 23rd 2014 and my divorce was granted by default on December 24th 2014. I was advised by the fmily law facilitators office to file an order for child support which is what I'm doi...
I think the correct answer to your question is to file a document called request for order. Check the box for child support and the box for other relief. Type in the word retroactivity. You should accompany the form with a typed statement telling the court that you have never received a guideline child support award in your case. Your judge may backdate the effective date of child support to the first date of filing. If there has been no order for support in your case, none of the payments, if any, voluntarily made by the other party will be applied to the newly created order and the court will calculate the child support arrearages owed on top of the ongoing child support. In addition the court will order add on child-support costs which include uncovered medical dental optical orthodontia counseling and prescription drug expenses incurred for the children but not covered by insurance plus half of any child care costs that are needed for employment or education related to employment. Child support Is based on the amount of each party's actual income or earning ability, the number of kids at issue and timeshare percentage in your parenting plan. Use a lawyer or the FL facilitator. Period. It is easy. End of story. Go do it.See question