When a parent has filed a Child Support case with the Department of Child Support Services the District Attorney will initiate legal proceedings for the collection of child support. The Child Support portion of the case usually stays with the District Attorney’s office even as a Divorce or a Paternity Action proceeds through the Family Court. This is especially true when the DA is already collecting child support on the petitioner’s behalf.
If the parents, in a Divorce or Paternity Action, decide to agree on all other issues such as:
- legal custody
- physical custody
- Divorce issues such as division of assets & debts and/or spousal support
and wish to avoid a court appearance, the parent who filed with the County, can ask the DA to sign off to the agreement in the Family Court. The form that is used is a Stipulation to Establish or Modify Child Support and Order (FL350).
If the District Attorney does not sign the form, a court appearance would need to be made even with an agreement.
If you have an existing Child Support case with the District Attorney and have additional questions, give Legal Action Workshop a call @ 1-800-HELP-444 (1-800-435-7444). Our experienced Family Law and Divorce Attorneys can answer your questions and explain your legal options. You may also visit our website @ www.LegalActionWorkshopLAW.com for more information.
Posted in Child Custody, Child Custody & Visitation, Child Support, Child Support in California, Child Visitation and Support, Divorce, Divorce with Children, Family Law, Family Law Attorney, Paternity Action
Tagged California courts, California divorce, California family law lawyer, child custody, child custody and visitation, child support, Child Support with the DA, District Attorney, divorce attorney, divorce lawyer, family law lawyer, marital settlement agreement, spousal support
As of January 2014 the law with regard to child visitation has changed in the California courts! This is a landmark change and will affect both adults and children. One of our experienced Family Law Attorneys can help with this new law. Here are some of the factors that will be considered by the court:
- the adult is not the biological parent and not married to the other parent
- typically the adult lives with the other parent in a domestic relationship and acts as a parent to the child
- the adult develops a relationship with the child over time
- a break-up occurs and the parent does not allow the adult to see the child
Before this law, the other adult would have no rights to visitation with the child. As the courts look to act in the best interest of the child, it was determined by the court that this new law would protect the relationship between a significant adult and child, even if that adult is not a biological parent.
Our Family Law Lawyers will be helping adults who wish to initiate visitation with a child. For information call Legal Action Workshop @ 1-800-HELP-444 (1-800-435-7444) or visit our website @ www.LegalActionWorkshopLAW.com .
When real estate or assets are in Probate in California, the Probate Lawyer must send a Notice of Probate to all creditors. Debt such as credit card debt, medical bills, car loans, money owed to the Department of Health Services, money owed to the State Franchise Tax Board and any other debt must receive a Notice of Probate.
If the creditor(s) make a timely creditor’s claim, then the Attorney will attempt to negotiate a reduced payment of the claim. In most cases, the claim is not paid in full, as the Attorney negotiates the pay off of the debt.
This is a very important part of the Probate process! An experienced Probate Lawyer knows how to negotiate with creditors and pay as little of the debt as possible thereby leaving more money for the heirs or beneficiaries. Once the negotiation is complete, the Probate can proceed through the court.
If you have questions about creditor claims for a California Probate, call Legal Action Workshop @ 1-800-HELP-444 (1-800-435-7444) for a FREE consultation or visit our website @ www.LegalActionWorkshopLAW.com .
The clearing of the notes can take place for any California Probate hearing and is an essential part of the Probate process.
An experienced Probate Attorney is very familiar with the ‘clearing of notes‘ and can handle this part of the Probate with ease. However, those who try to handle a Probate without an Attorney can be confused by this part and often don’t know how to proceed.
Notes are sent by the court’s Attorney or Probate examiner indicating any problems with the filed Probate petition. Once the Attorney, who is representing the estate of the deceased, reviews the notes, he/she will correct the problems that the notes indicate in order to get the petition approved. In most cases documents will need to be filed to clear the notes.
Notes are typically issued before the hearing and can be found online and cleared prior to the hearing by filing the proper documentation.
It is not advisable to attempt to do a Probate without an experienced Probate Lawyer. There are many steps to a Probate and it is difficult for a non-lawyer to complete the steps successfully.
For more information on a California Probate and to speak with one of our experienced Probate Lawyers for FREE, call Legal Action Workshop @ 1-800-HELP-444 (1-800-435-7444). You may also visit our website @ www.LegalActionWorkshopLAW.com .
Sometimes it can be hard to understand what property is considered ‘community’ in a California Divorce and what is not. Here are some helpful guidelines:
- assets that were purchased during the marriage (from the date of marriage to the date of separation) are usually considered ‘community‘ property even if only one person’s name is listed as owner or the one who pays for the property
- debt that is acquired during the marriage (from the date of marriage to the date of separation) is likewise usually considered ‘community‘ debt even if only one person used his/her credit card to make the purchase
- an inheritance received by one party is NOT considered ‘community‘ property; a discussion with one of our Divorce Attorneys will make this determination clear
These rules seem simple enough, but in the real world they can be confusing. An example of this would be a purchase of a home before the marriage by one party & title remains in her name only, but the other party pays for renovations to the house after the marriage. In this case, the division of the asset in a Divorce would need to be apportioned as to percentage of community & separate property.
However, if title was changed to joint names, the presumption would be that the real estate is community property and in most cases the original owner would get her down payment back.
Another example of confusion with ‘community’ property rules would be the purchase of a car during the marriage. If one person purchases the car and pays for it, the car may still part ’community‘ property and, as in any asset, would have to be apportioned.
A thorough consultation with one of our experienced Divorce Lawyers will make clear the division of property in your specific case. From our offices in Los Angeles County, we help people throughout California. We can be reached at 1-800-HELP-444 (1-800-435-7444) or visit our website for more information www.LegalActionWorkshopLaw.com .