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Oct 18

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…

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Oct 18

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…

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Oct 18

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…

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Oct 14

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…

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Oct 14

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…

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Oct 12

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…

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Oct 12

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,…

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Oct 12

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…

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Oct 11

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. §…

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Sep 26

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…

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Sep 26

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…

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May 10

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…

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May 03

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…

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Apr 17

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…

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Apr 13

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…

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Apr 12

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…

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Mar 14

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…

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Feb 08

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…

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Feb 01

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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