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Visit us at http://gillenattorney.com/ or call us at (210) 541-6800.Child Support: Modify or Establish a Child Support Order- Griffith Law
Monday, December 19th, 2011
John Griffith details how California calculates child support.
Hi, my name is John Griffith. I’m a family law and divorce attorney here in San Diego, California. This is one of a series of informational videos addressed at common issues that you see in California divorce and family law cases. Today I’ll be talking about child support. So you have a child support order, you need to have the child support order modified, or you’re a parent with a child, and you need to establish an initial child support order. You need to know what the California law says about child support. Now as far as child support is concerned, California law is very strict as far as setting the amount for child support. State of California has set up a statutory guideline that guides the court and instructs the court with respect to what factors to use to calculate child support. Now once the court uses these factors and makes findings on the factors to be used, they plug these numbers into a computer, and whatever figure the computer comes out with is the order that the court has to make, with only a few exceptions. Now the factors that the court uses when making an initial order for child support or modifying an order that’s already been made for child support, are as follows: the courts going to look at the gross income of both the parties. Now the gross income means the pre-tax income. And whether you’re a W-2 employee or a self-employed business owner, the courts going to look at how much money you make prior to taking out taxes. That’s the first factor that the court uses. The second factor that greatly increases or influences the amount of child support is the time-share percentage with the children. The time-share percentage is the percentage of time that the non-custodial parent spends with the children. The higher the time-share percentage the lower the amount of child support, and the reason for that is because if the non-custodial parent has the children at his or her house for a certain percentage of time, the court considers that the parent is supporting the children for certain percentage of time. The other factor the court looks at is the tax filing status of both parties. Generally the parent that has the kids living at his or her house claims those children as tax exemptions, so that parent would file accordingly with however many tax exemptions are appropriate. Some of the other factors the court looks at as a deduction in the amount of child support ordered would be any health insurance premiums that the non-custodial parent pays. One of the other factors would be a mortgage interest deduction which affects the tax basis of the income, and the reason the court looks at all these factors is that they’re trying to get to the bottom of how much disposable income a parent has to pay child support. One of the most important things you need understand if you need your child support order modified is that there has to be a significant change in circumstances between the last order and the present time and the time that you file your motion to modify child support. Change in circumstances could mean that you’re spending more time with the kids. A change in circumstances could mean that you lost your job. A change in circumstances could mean that you got a raise. And so the parent that has the children could come in and ask the court to increase the child support order. But there needs to be a change in circumstances prior to the court modifying or changing the amount in child support. Child support orders don’t automatically modify if you have a change in circumstances. For instance if you’re paying child support based on a certain level of income, and you lose your job, and you think that you can’t afford to pay the court ordered amount of child support, you absolutely need to hire an attorney to file that motion to modify immediately. And the reason I say that is because the court won’t go any further back in changing that child support order than the date that you actually filed that motion. Now when you file the motion you’ll get a court date, usually in San Diego County; it’s at least two months down the road, but once you go to court and request that the court modify your order downward, the court’s going to make that order retroactive all the way back to the date you filed, but no sooner, no earlier back than that.
lawyer attorney family “family law” divorce custody “child custody” Prenup prenuptial premarital “child support” petition court legal law California “San Diego” “John Griffith” Griffith advice kid kids separation settlement “community property” “child support services” file filing “file for divorce” “California divorce” visitation mediation consultation litigation “San Diego divorce” “San Diego custody” “California custody” “San Diego lawyer” “family lawyer”
Duration : 0:5:7
Kingston NJ Child Custody Modification Attorney Video
Sunday, December 11th, 2011
http://www.hananisaacs.com 609-751-5557 New Jersey statutes prohibit permanent out-of-state child removal without the consent of the other parent or court approval if there’s a contest. Hanan M. Isaacs can help you understand child custody laws.
Duration : 0:2:35
Divorce: Filing for a California Divorce- Griffith Law
Sunday, December 11th, 2011
John Griffith discusses the steps involved to file for divorce in California.
Hi my name’s John Griffith. I’m a San Diego divorce and family law attorney located up in Solana Beach. This is one of a series of informative videos aimed at addressing common issues that come up in California divorce and family law cases. You should note that nothing I say is intended to be or should be construed as legal advice. Family law cases are all different; they all have unique sets of facts and circumstances. And if you want to address your specific case with an attorney, feel free to call my office. I give free consultations, and we’ll talk about your particular case. Today I’ll be talking about filing for divorce. So you’ve made the decision to go ahead and file for divorce, you want to end your marriage. You need to know what the first step is and what steps to take after that. The first thing that you need to consider is where to file your Petition for Dissolution. And the Petition for Dissolution is the initial filing; it starts a divorce case. And when I say dissolution, I mean divorce. In California we call divorces dissolutions. It’s the dissolving of a marital relationship. So you need to find out where you’re going to file that Petition. In the state of California, you have to be a resident of the state for at least six months prior to filing the Petition. So if you’ve lived in California for at least six months you can file here in California, regardless of where your spouse lives. If your spouse lives in another state, you can go ahead and file in California, have your spouse served, and you’ll be litigating your case most likely in California. Next thing you need to figure out is which county to file your divorce in. You need to live in the county where you’re filing your Petition for Dissolution for at least three months prior to filing the Petition for Dissolution. So if you’ve just moved to a new county, you need to decide whether you want to file in the old county you lived in, or wait the three month period to file in the county that you live in now. It could make a big difference so far as your relationships in the old county as opposed to your relationships in the new county. Now once you’ve decided where to file, you want to go ahead and prepare that Petition for Dissolution. Like I said, it’s the initial document that begins the process. And when you’re looking at the Petition for Dissolution there’s several issues that the court’s going to want you to address. You’re going to be listing all of the minor children of the marriage, you’re going to ask the court for certain orders regarding the custody of the children, spousal support, property division, and probably the most important thing that you’re going to address in the Petition for Dissolution is the date that you want the court to consider to be the date of separation between you and your spouse. And the date of separation can often become a serious issue, because the parties may not agree on the date of separation. So it’s very important that you talk to an attorney about what California law says with respect to the date of separation before filling out that Petition. And I can help you with that. I offer free consultations at my office. I’d be happy to talk about your date of separation and help you fill out that Petition. Okay so once you get your Petition filled out, you file it at the courthouse, and you have to have your spouse served with the Petition for Dissolution, or the petition for divorce. There’s two different ways that the law provides service of the Petition. The first way is by personal service, and by personal service I mean someone physically delivering the petition for divorce to your spouse. And if you hire an attorney, attorneys usually have messenger services and courier services that will go ahead and get that done for you. Now there’s another less intrusive method that I prefer when starting a divorce. You can imagine that divorces can kind of get emotional. The second way for serving a Petition for Dissolution would be by mail. And if you’re going to serve the petition for divorce by mail, you want to make sure to have someone else mail it. You’re not allowed to either do personal service or service by mail, and you include what’s called a Notice of Acknowledgement of Receipt. And if you’re going to do service by mail you want to make sure that your spouse is willing to sign off that he or she actually received that Petition.
lawyer attorney family “family law” divorce custody “child custody” Prenup prenuptial premarital “child support” petition court legal law California “San Diego” “John Griffith” Griffith advice kid kids separation settlement “community property” “child support services” file filing “file for divorce” “California divorce” visitation mediation consultation litigation “San Diego divorce” “San Diego custody” “California custody” “San Diego lawyer” “family lawyer”
Duration : 0:5:25
What to do When Your Ex Won’t Allow You Visitation- Seattle Child Custody Lawyer Eric Engel Explains
Sunday, December 11th, 2011
http://www.engellawgroup.com
Seattle child custody lawyer Eric Engel talks about what to do if your ex is not allowing visitation.
Child visitation is a very important and vital part of your divorce proceeding. You need to start with a parenting plan which is simply a plan that establishes when your child spends time with each parent. If your ex does not or will not follow this plan, you need to take steps to document this issue. Begin with a letter stating how you have not received this visitation and that you expect a written response back from your ex. Be sure to follow up on this letter as well and make sure you exercise your visitation rights. Watch the video now to learn more.
For more information about divorce law and my firm, visit our educational website at http://www.engellawgroup.com, where our Video Center has more information. If you have legal questions, I want you to call me at (206) 625-9800. I welcome your call.
Engel Law Group, P.S.
Office Address:
One Union Square
600 University St, Suite 1904
Seattle, WA 98101
Phone: 206-315-6183
Fax: 206-243-8177
Everett Office:
1610 Broadway Ave
Everett, WA 98201
Duration : 0:1:46
San Diego CA Mediation Attorney Rancho Santa Fe Child Custody Lawyer California
Sunday, December 11th, 2011
www.5050law.com 619-717-2072 The Law Offices of Daniel J. Martin have found mediation or other forms of alternative dispute resolution (ADR) to be an effective way to serve people’s interests while avoiding divorce or child custody litigation.
Duration : 0:1:21
Lexington Child Custody Lawyers Charleston Attorneys SC
Sunday, December 4th, 2011
http://www.palmettofamilylaw.com (866) 645-8743 Child custody and visitation cases come about in two different ways. Contact The Law Office of Richard J. Breibart, LLC in Lexington, South Carolina for representation.
Duration : 0:1:1
Establishing Child Custody when Unmarried- Griffith Law
Sunday, December 4th, 2011
John Griffith talks about paternity actions to establish paternity and custody rights outside of a marriage.
Duration : 0:3:50
Indianapolis Divorce Lawyer Carmel Child Custody Attorney Indiana
Saturday, November 26th, 2011
http://www.vanessalopezlaw.com 317-644-6261 Espanol: 317-715-1847 Lopez Law Office in Indianapolis, Indiana, primarily deals with family law cases, including divorce and child custody. Contact attorney Vanessa López today.
Duration : 0:1:20
Modifying a Child Custody Order- Griffith Law
Saturday, November 26th, 2011
John Griffith discusses how to modify California custody and visitation orders.
Duration : 0:5:6