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Between
1988 and 2002, I worked for several California child support
programs, first as top management, then as an attorney and
special prosecutor. I was involved in the formation and passage of
family law legislation, and in the drafting and implementation of
child support regulations. My expertise will help you better
navigate this complex legal maze.
When
a marriage ends, children are often caught in the middle. Because
this can be such a difficult, confusing time in their lives,
California law stipulates that all divorces involving children must
participate in a mandatory mediation session, or Conciliation
Court. This often results in a mutual agreement for the custody
and visitation arrangements. Like any court proceeding, this can be
intimidating. I can help you know what to expect, and what you are
entitled to.
Resolving
child support is often more complicated. Like death and taxes, child
support is mandatory and not waivable. And like taxes, it
cannot be discharged by bankruptcy. Every child is entitled to the
best his/her parents can afford; ideally, a child's standard of
living should not be adversely affected by a divorce. The amount of
child support each parent must contribute depends on the custody
arrangement, the visitation schedule, and each party's income. In
the case of stepchildren, there may also be questions of
custody, visitation, and possible support. For your peace of mind
and that of your children, you deserve an attorney who can work with
you to explain the legislative intent and court decisions that so
deeply affect your lives.
Child
support is also modifiable when there is a change of
circumstances, and may be periodically updated in a Cost of Living
Adjustment.
The
state of California takes child support very seriously. Support is
owed while the child is a minor, or until a court-stipulated event.
If you owe child support arrears, it remains on the books until it
is paid in full, with interest. Even after your death, it can be
collected from your estate - so it's best to make a fair arrangement
at the time of divorce, understand your obligations, and not take
them lightly.
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