Myra Chack Fleischer: San Diego Child Support Attorney, Domestic Violence, Divorce

Family Law Frequently Asked Questions For California

Many times, spouses do not know their rights under California law. These questions and answers are general in nature and should not be used as specific legal advice for your case. For specific question about your case, contact San Diego Family Law Attorney Myra Chack Fleischer at 1-866-435-5847.

How is child support determined?

Child support is based on the net income of each parent and the number of children needing support. Each parent completes a worksheet with information about their finances and the children's needs. The worksheet is then applied to a child support schedule. The support schedule sets the basic support amount based on the parents' income and number of children.

What should I do for child support if the non-custodial parent moves away?

Notify the local child support agency when you or the other parent moves, no matter where. They can transfer your child support case to the county or state where you move if you are a custodial party. Also notify government courts where the non-custodial parent moves. Child support can be enforced anywhere in the United States.

I have a California support order and my ex-spouse has moved out of California. Can a judge in another state lower my child support?

No. The laws known as the Full Faith and Credit for Child Support Orders Act and the Uniform Interstate Family Support Act prevent states from changing another state's court orders. In most cases, if the child lives here and an order is issued in California, only a California court can change it.

What if the basic child support amount does not cover all the children's expenses?

In addition to the basic child support obligation, the court may order the parents to share expenses for the children for daycare, education, medical and mental health care and long-distance transportation. Usually, the court will order each parent to pay a share of those expenses, which is calculated using the child support worksheets. To find out your proportionate share of daycare, for example, you would multiply the total amount of daycare per month by the percentage under your column on line 6 of the child support worksheets.

What are some common arrangements for child visitation?

Child visitation, often pursuant to a parenting plan, can take a variety of forms or schedules. Some common arrangements include some of the following provisions:

Alternate weekend visitation with the non-custodial parent, including "three-day holidays"
Mid-week visitation with the non-custodial parent
Sharing of the child during periods of school recess -winter, spring and summer
New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years
Mother's Day with Mother, Father's Day with Father
Alternate years on the child's birthday
Open telephone contact by the parent who does not have actual physical custody of the child
Exchange of a few days of visitation here and there as mutually agreed without the need for a change or modification of the court order.

Can custody rights be modified?

Absolutely. You can go back to court to change a custody order if there is a substantial change of circumstance that has a significant, adverse effect on the child (such as visitation problems, erratic behavior, relocation and impact on child-parent relationship, change in employment, residence, or marital status).

The courts recognize that many factors (such as, children's age, relationship with both parents, the parents' relationship, the wishes of the children) can be altered over a period following divorce and though reluctant to change the parenting custody plan, the courts will do so if it is clearly necessary and in the best interest of the child.

Alternatively, the ex-spouses can voluntarily modify the last order by agreeing to changes between themselves. If there is a departure from the last custody order, it is best to put the new current changes in writing; oral agreements are difficult to enforce.

How is the amount of child support determined?

Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other.

Does California offer alimony?

Yes, California courts do award alimony or spousal support. Spousal support may be awarded to either spouse for their support after a divorce. The alimony is usually for a short duration to assist another spouse in making financial arrangements to live separately.

How long will a spouse have to pay (or be able to receive) alimony?

Depending on the particular circumstances, alimony is ordered to be paid during the time period that the supported spouse is seeking education, training, and marketable job skills in order to establish a career or otherwise become self-supportive. Consideration of the responsibility for providing child care during the early years of a minor child factors into this determination.

If the supported spouse is of advanced age or suffers from a medical problem which would prevent the spouse from obtaining a career (thus preventing him/her from becoming self-supportive), alimony could be "permanent" (but subject to future modification based upon a material change in circumstances).

If there was a long term marriage (in California, for example, a marriage of ten years or longer is considered a long term marriage), a court may have continuing jurisdiction over the issue of spousal support. With continuing jurisdiction, a court may change the amount or duration of alimony payments from one spouse to the other any time in the future (although a material change in circumstances is usually necessary).

In addition, typically a court order for alimony terminates upon the death or remarriage of the supported spouse.

Will I be responsible for attorney fees if my spouse has initiated a divorce?

Possibly. Courts allow a spouse who lacks the financial ability to hire an attorney to request that the court order the other party, if that other party has the financial ability, to pay a reasonable amount to allow the unrepresented party to retain an attorney in a timely manner before proceedings in the matter go forward.

Can I object to the terms my spouse has requested in our divorce?

Your attorney will help you reject the terms of your spouse's offer. On receiving an objection to the establishment of a family law attorney's settlement, the court may at its own discretion determine whether the case involves complex or substantial issues of fact or law related to property rights, visitation, custody, or support. If the court finds that the case involves one or more of these complex or substantial issues, the court may implement a case management plan.

What is a "Common Law Marriage?"

California does not recognize common law marriages.

In the event of domestic violence, what options are available?

First and foremost, it is important for the person to get away from the aggressor and in the event of domestic violence, contact the police immediately. Often, local police officers and sheriffs have received special training with respect to domestic violence and can be extremely helpful to a victim. In addition to local law enforcement personnel, city and district attorneys may be very helpful in providing referrals to other local assistance - emergency shelters such as "safe houses," counseling, and legal assistance. Of course, assistance with prosecution is available.

How are alimony and child support payments taxed?

Child support payments are neither deductible nor income to the recipient. Alimony payments can be structured by the parties to produce either of two tax results:

Deductible by the payer ex-spouse and gross income to the recipient ex-spouse, or
Not deductible by the payer and not income to the recipient.

In settling a divorce, the parties frequently plan on whichever tax result works out best. If the payments are not structured to comply with the rules, the general rule is that alimony payments are income to the recipient and deductible by the payer.

Frequently, divorcing couples agree upon a fixed aggregate payment from one spouse to the other. Even if the recipient spouse dies before the payments are due, this sum will be payable, and it will be treated as a property settlement. A property settlement is not deductible by the transferor and is not income to the transferee. Even if the payments are properly structured, the Internal Revenue Code prevents deduction of "front-loaded" payments.

If you or someone you know in San Diego, California needs the assistance of an experienced family law attorney, contact the Law Office of Myra Chack Fleischer today at 1-866-435-5847 or use the contact form provided to begin an evaluation of your family's legal needs. For more information, read our client testimonials.

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	Family Law Frequently Asked Questions For California Many times, spouses do not know their rights under California law. These questions and answers are general in nature and should not be used as specific legal advice for your case. For specific question about your case, contact San Diego Family Law Attorney Myra Chack Fleischer at 1-866-435-5847. How is child support determined? Child support is based on the net income of each parent and the number of children needing support. Each parent completes a worksheet with information about their finances and the children's needs. The worksheet is then applied to a child support schedule. The support schedule sets the basic support amount based on the parents' income and number of children. What should I do for child support if the non-custodial parent moves away? Notify the local child support agency when you or the other parent moves, no matter where. They can transfer your child support case to the county or state where you move if you are a custodial party. Also notify government courts where the non-custodial parent moves. Child support can be enforced anywhere in the United States. I have a California support order and my ex-spouse has moved out of California. Can a judge in another state lower my child support? No. The laws known as the Full Faith and Credit for Child Support Orders Act and the Uniform Interstate Family Support Act prevent states from changing another state's court orders. In most cases, if the child lives here and an order is issued in California, only a California court can change it. What if the basic child support amount does not cover all the children's expenses? In addition to the basic child support obligation, the court may order the parents to share expenses for the children for daycare, education, medical and mental health care and long-distance transportation. Usually, the court will order each parent to pay a share of those expenses, which is calculated using the child support worksheets. To find out your proportionate share of daycare, for example, you would multiply the total amount of daycare per month by the percentage under your column on line 6 of the child support worksheets. What are some common arrangements for child visitation? Child visitation, often pursuant to a parenting plan, can take a variety of forms or schedules. Some common arrangements include some of the following provisions: Alternate weekend visitation with the non-custodial parent, including "three-day holidays" Mid-week visitation with the non-custodial parent Sharing of the child during periods of school recess -winter, spring and summer New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years Mother's Day with Mother, Father's Day with Father Alternate years on the child's birthday Open telephone contact by the parent who does not have actual physical custody of the child Exchange of a few days of visitation here and there as mutually agreed without the need for a change or modification of the court order. Can custody rights be modified? Absolutely. You can go back to court to change a custody order if there is a substantial change of circumstance that has a significant, adverse effect on the child (such as visitation problems, erratic behavior, relocation and impact on child-parent relationship, change in employment, residence, or marital status). The courts recognize that many factors (such as, children's age, relationship with both parents, the parents' relationship, the wishes of the children) can be altered over a period following divorce and though reluctant to change the parenting custody plan, the courts will do so if it is clearly necessary and in the best interest of the child. Alternatively, the ex-spouses can voluntarily modify the last order by agreeing to changes between themselves. If there is a departure from the last custody order, it is best to put the new current changes in writing; oral agreements are difficult to enforce. How is the amount of child support determined? Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other. Does California offer alimony? Yes, California courts do award alimony or spousal support. Spousal support may be awarded to either spouse for their support after a divorce. The alimony is usually for a short duration to assist another spouse in making financial arrangements to live separately. How long will a spouse have to pay (or be able to receive) alimony? Depending on the particular circumstances, alimony is ordered to be paid during the time period that the supported spouse is seeking education, training, and marketable job skills in order to establish a career or otherwise become self-supportive. Consideration of the responsibility for providing child care during the early years of a minor child factors into this determination. If the supported spouse is of advanced age or suffers from a medical problem which would prevent the spouse from obtaining a career (thus preventing him/her from becoming self-supportive), alimony could be "permanent" (but subject to future modification based upon a material change in circumstances). If there was a long term marriage (in California, for example, a marriage of ten years or longer is considered a long term marriage), a court may have continuing jurisdiction over the issue of spousal support. With continuing jurisdiction, a court may change the amount or duration of alimony payments from one spouse to the other any time in the future (although a material change in circumstances is usually necessary). In addition, typically a court order for alimony terminates upon the death or remarriage of the supported spouse. Will I be responsible for attorney fees if my spouse has initiated a divorce? Possibly. Courts allow a spouse who lacks the financial ability to hire an attorney to request that the court order the other party, if that other party has the financial ability, to pay a reasonable amount to allow the unrepresented party to retain an attorney in a timely manner before proceedings in the matter go forward. Can I object to the terms my spouse has requested in our divorce? Your attorney will help you reject the terms of your spouse's offer. On receiving an objection to the establishment of a family law attorney's settlement, the court may at its own discretion determine whether the case involves complex or substantial issues of fact or law related to property rights, visitation, custody, or support. If the court finds that the case involves one or more of these complex or substantial issues, the court may implement a case management plan. What is a "Common Law Marriage?" California does not recognize common law marriages. In the event of domestic violence, what options are available? First and foremost, it is important for the person to get away from the aggressor and in the event of domestic violence, contact the police immediately. Often, local police officers and sheriffs have received special training with respect to domestic violence and can be extremely helpful to a victim. In addition to local law enforcement personnel, city and district attorneys may be very helpful in providing referrals to other local assistance - emergency shelters such as "safe houses," counseling, and legal assistance. Of course, assistance with prosecution is available. How are alimony and child support payments taxed? Child support payments are neither deductible nor income to the recipient. Alimony payments can be structured by the parties to produce either of two tax results: Deductible by the payer ex-spouse and gross income to the recipient ex-spouse, or Not deductible by the payer and not income to the recipient. In settling a divorce, the parties frequently plan on whichever tax result works out best. If the payments are not structured to comply with the rules, the general rule is that alimony payments are income to the recipient and deductible by the payer. Frequently, divorcing couples agree upon a fixed aggregate payment from one spouse to the other. Even if the recipient spouse dies before the payments are due, this sum will be payable, and it will be treated as a property settlement. A property settlement is not deductible by the transferor and is not income to the transferee. Even if the payments are properly structured, the Internal Revenue Code prevents deduction of "front-loaded" payments. If you or someone you know in San Diego, California needs the assistance of an experienced family law attorney, contact the Law Office of Myra Chack Fleischer today at 1-866-435-5847 or use the contact form provided to begin an evaluation of your family's legal needs. For more information, read our client testimonials.