Los Angeles Area Law Blog

What if I fall behind in my alimony in California?

Family law issues in California can be complex and difficult to navigate in any circumstance, but when there is a former spouse who has been ordered to pay alimony to the other spouse and cannot keep current with them, it is the foundation for dispute. There are certain legal matters that must be understood with alimony and other support. If a spouse has been ordered to pay, it is an enforceable court order until it is changed or ended. It might also have a specified date at which it concludes.

A person who has fallen behind in spousal support payments will be required to pay 10 percent interest on an annual basis for the balance. This is a matter of law and cannot be altered by the judge. When owing the past due support, there could be a court order or garnishment of wages to pay. Even if this is done, the interest will still accumulate.

When an out-of-state court considers your child custody ruling

Imagine you have sole custody of both of your children in Arcadia. However, your ex-husband lives in Nevada. Now your ex is trying to get custody so he can take your kids out of state.

Will he succeed? Can your ex override your sole custody rights with a ruling from a non-California court?

What are the options to respond to a divorce petition?

In California, when a couple gets a divorce, it is often not a simple matter of both sides agreeing to part ways, filing the papers and moving on with their lives. There are times that there are issues in dispute and one spouse chooses to file so the other spouse must respond. This is a serving of a summons and petition. The spouse who has been served has several options in how to respond. Knowing these and which is the most appropriate can be integral to a proceeding and a successful outcome.

When served, the respondent has the option of doing nothing. This means that whatever the other person requests in the petition will likely be granted. The judge will make the decision on child custody, visitation plans, support and property based solely on what the other person has said. This is known as "true default" as the respondent is defaulting by failing to respond and not having any involvement. The true default means that the person is surrendering his or her right as a participant in the case.

What does California family law do about paternity issues?

It is not uncommon for there to be a dispute over paternity in California. There can be numerous reasons for this, but there are certain common denominators when straightening the matter out. If the couple was married at the time of conception, then paternity is already established as the husband has the legal presumption of fatherhood. If, however, an unmarried woman has a child, it is necessary for paternity to be established so the child's legal rights can be established.

The court cannot make a child support order without paternity. Paternity can be established in the following ways: by legal agreement, through genetic tests and by proving it in court. With a legal agreement, both parents can stipulate the paternity and arrange for child support. There can also be custody and visitation as part of the stipulation. This can be done without having to go to court, but the court will need to approve it whether there is a court appearance or not.

Factors that could show wrongful termination in California

Los Angeles workers are often concerned about the possibility of losing their jobs. This can happen in any endeavor for a multitude of reasons. Some of those reasons are justified, but often the dismissal is not done according to the law and there is the basis for a wrongful termination lawsuit. There are certain tips that are given to employers when they are firing an employee. These tips may be of interest to employers and employees alike.

Employers must have proof as to why they are firing someone. Terms of employment should be in written form. With certain jobs, there will be performance evaluations as to the work the employee has done. This can be a guideline to determine if there was a justification for the dismissal or the proffered reason is invalid. There must be documentation as to why the worker was fired.

The end of a marriage via annulment has a statute of limitations

For a variety of reasons, some California couples would prefer an annulment rather than a conventional divorce. This could be due to religious requirements or for another personal reason. An annulment differs from a regular divorce, and there are certain divorce legal issues that should be understood when seeking an annulment. One is the statute of limitations. In general, once the time runs out for a person to get an annulment, it cannot be done. The amount of time a person gets to file for an annulment varies based on the reason for the annulment.

The statute of limitations for an annulment based on the age of the parties at the time of the marriage if they were under 18 is four years after they have turned 18. A parent or guardian still has the right to ask for the annulment if the minor is under 18. If there was a prior marriage at the time of the subsequent marriage, an annulment can be requested if both parties in the current marriage are alive. It can also be requested by the prior spouse.

Marine veteran alleges wrongful termination from MLB team

All employees in Los Angeles and across California have certain rights at their jobs. When a person is terminated, it must be done according to the law. If there is a violation of employment law, the person who was subjected to wrongful termination has the right to seek compensation through civil litigation. No one is immune to being dismissed from a job and it can happen in what most would consider a dream job.

Such is the case with the revelation of a dispute between a Major League Baseball team and a former employee with a famous name. The Los Angeles Dodgers are accused of dismissing Nick Francona from his job after he sought treatment for "invisible" wounds he suffered while a member of the U.S. military. Nick Francona is the son of the current manager of the Cleveland Indians and two-time World Series winning manager with the Boston Red Sox, Terry Francona. The younger Francona was an officer in the Marine Corps and served in the war in Afghanistan before returning to civilian life and working in baseball.

Are you going to be a single parent in California?

The idea that you will only spend part-time with your children in the future is one of the most difficult parts of divorce for most California parents. For this reason, some parents will try to fight for sole custody in court. In fact, they may fight so tenaciously that the issue turns into a long and expensive custody battle.

Fortunately, with the help of an experienced and diplomatic family law attorney, most California parents can come to an out-of-court child custody agreement.

Divorce and the kinds of property division in California

Los Angeles couples who are in the process of ending a marriage will have numerous issues that must be settled. One that is frequently a cause for dispute is how property will be split. Knowing the difference between marital property and non-marital property is one of the most important factors in the satisfactory resolution of a case. This is true whether there are substantial assets worth a great deal or merely items with high sentimental value. Understanding the law regarding property and how it is divided is imperative.

There are two separate types of property in a marriage: community and separate. Community property is property obtained during the marriage and was accrued through skill or labor. Spouses might not know that there could be a right to part of the other spouse's pension. It is possible that a business could be shared even if it was run by the other spouse. In California, each spouse owns half of the community property. If there were debts accumulated during the marriage, these will also be community property. A notable exception is student debt. That will remain separate. The spouses will divide community property equally except in cases in which there is an alternative agreement between the parties.

Can income be withheld for child support in California?

When parents are ordered to pay child support in California, it must be adhered to under the law. If it is not, there are alternatives that the state can use to collect. This includes withholding income, also known as a wage assignment. With a wage assignment, the employer of the supporting parent will be required to deduct money from the paycheck to make the payments. This will be based on the most recent court order, but it can rise if the amount owed rises.

The point of a wage assignment is to ensure that the child is receiving the support that he or she is supposed to. It is beneficial to the paying parent as it is a record of payments. The wage assignment will continue until the parent is current on the child support. People are often concerned that a wage assignment can cost them their job. This should not be a worry as it is illegal for an employer to dismiss an employee because of a wage assignment.