Articles Posted in Child Support

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You can trust The Law Office of Doppelt and Forney, APLC to assist you in your divorce, legal separation or paternity case. Our law office practices in all aspects of family law including child support, child custody and visitation, spousal support, attorney fees, and more.

We offer a free consultation where you are able to discuss your case with an experienced attorney. At the consultation, the attorney will provide you with legal analysis of your issues and provide you with techniques to help obtain your legal goals and protect your rights. If you were to hire our firm to represent you in your family law case, we are a full-service family law firm. We prepare the petition and summons and all the initial dissolution pleadings for filing with the San Diego Superior Court. We will assist with the mandatory preliminary declaration of disclosures including the schedule of assets and debts and income and expense declaration. We can prepare pleadings for a default with no agreement, a default with an agreement or an uncontested case as well as litigating as necessary. We can assist with emergency hearings [ex parte] as needed. We also prepare discovery including written interrogatories, production of documents, subpoena, deposition, request for admissions, request for inspections and others. If needed, we can also schedule a mandatory settlement conference as well as appearing for trial if this is necessary. Our firm assists with the preparation of all pleadings and court appearances as necessary including the family resolution conferences. We also handle post judgment motions including motions for modification of child and spousal support and the parenting plan as well as motions to set aside the judgment and enforcement of the judgment. We can assist with income withholding orders for wage garnishments. Call today to learn how we can help you.

Chris Pratt and Anna Faris show grace and respect for each other as their divorce settles.

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Trust the lawyers at The Law Offices of Doppelt and Forney, APLC to assist you in your divorce, legal separation or paternity case in San Diego County. During the free consultation, we will provide you with legal analysis and potential techniques to help you obtain your legal goals and protect your rights. We represent clients in family law court in all of the court houses in San Diego County including downtown, Vista, Chula Vista and El Cajon. Our firm assists with the preparation of all pleadings and court appearances as necessary including the family resolution conferences. We also handle post judgment motions including motions for modification of child and spousal support and the parenting plan as well as motions to set aside the judgment and enforcement of the judgment, among many other services.

To fully understand our range of services and how we could help you in your San Diego divorce case, call us today to schedule a free consultation.

Once the divorce is final, you and your ex-spouse will have figured out how to handle things such as child custody and visitation, child support and spousal support. But what do you do until then?

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Do you need legal representation for your family law case in San Diego County? We specialize in divorce, child custody and visitation, child support, legal separation and more. From negotiations to court appearances, we are here to help every step of the way. Call The Law Offices of Doppelt and Forney, APLC today to schedule your free consultation with one of our experienced lawyers. With over 50 years combined experience, you can count on us to protect your rights as a spouse or parent and help you achieve your legal goals.

Millennials have been blamed for killing off a lot of things. From postcards, top sheets, to bar soap, millennial trends have affected how many companies do business. But now, are millennials killing divorce?

According to University of Maryland professor Philip Cohen, from 2008 to 2016, the U.S. divorce rate dropped by 18 percent.

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When you and your child’s other parent go to court on the issue of child support, the case will focus on several things, with one of the key items being your income and the other parent’s income. If you have a wealthy benefactor who is paying your expenses, your ex may try to use this against you in the child support dispute. In the case of one mother who received extensive financial support from a platonic friend, the Second District Court of Appeal ruled that the benefits the mother received were permissibly construed as non-income and not factored into calculating child support. The case is a very helpful one for recipient parents who receive financial help from people other than relatives or romantic partners.

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In most stereotypical child support cases, one parent makes a monthly payment to the other parent for the support of the child. So what happens if you have a court order that requires you to pay support to your ex-spouse, but then, some time later, the child stops living with your ex-spouse and thereafter lives with your parents? According to a recent ruling by the First District Court of Appeal, this situation may entitle you to pursue certain legal action regarding your child support, even if the child resided with a third party rather than in your own home.

The backstory was a complicated one. The parents married in 1978 and had the child in 1979, and the mother filed for divorce in 1981. The child, from 1981 to reaching age 18 in 1997, lived with the mother for two 10-month stretches. For the rest of the time, the child lived with the father’s parents.

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Child support can be a complicated issue in any family. Even when the supporting parent is among the “1%,” the supporting parent may feel a need to seek a downward modification of his obligation when his income dips. That’s what a movie and commercial director claimed after his work-related income dropped by more than three-quarters. However, since the director also had more than $60 million in amassed assets, the Second District Court of Appeal concluded that the father had not demonstrated a material change in circumstances, and the trial court should have denied his request for a modification.

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When you are going through a family law case, there are certain steps the court must take to resolve the issue, depending on which type of claim is involved. If your case involves a request for a modification of child support, for example, the court must identify whether or not there has been a material change in circumstances, regardless of the level of need the children may have. In one recent case originating in Los Angeles County, the Second District Court of Appeal overturned a trial court’s refusal to modify child support because, in that case, the lower court never completed the “material change in circumstances” analysis, which was required.

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The chances are that you are good at the job you do. Whether you are a plumber or a podiatrist, a kindergarten teacher or a chemical engineer, it is reasonably likely that there are things about your job and your industry that are well within your personal sphere of knowledge that would be outside that of the average “person on the street” who hasn’t done your job. The same is true for the law — all types of law. While family law matters may seem more manageable as a layperson than, say, patent law or international business transactions, thinking that there isn’t a cost to be paid when you forego counsel can very often be dangerous. In one recent case, a father managed, as a result of the way he mishandled his appeals case, to block the First District Court of Appeal from reviewing either his divorce judgment or his post-judgment child support case.

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In a very instructive recent decision by the Fourth District Court of Appeal, the court concluded that California’s public policy in favor of the fulfillment of child support obligations could trump the contractual provisions of a trust agreement. In this specific case, that meant a trustee of a trust could be ordered to pay a woman’s back owed child support to the father of her children, even though the trust agreement had clear language forbidding the trustee from making payments to creditors of the mother, a named beneficiary in the trust. The decision offers a useful tool for parents seeking to analyze all avenues for collecting unpaid child support.

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One way to resolve your divorce case is to agree to a stipulated judgment of dissolution. You should be very cautious about agreeing to a stipulated judgment without consulting counsel first, however, since doing so may involve your surrendering certain rights you might otherwise have. In a recent case originating in Orange County, that’s exactly what happened. In the Fourth District Court of Appeal‘s ruling, the husband could not pursue a termination of his spousal support, even though the statutes allow for cessation after a recipient spouse remarries, since he had contracted to continue paying even if his ex-wife remarried.

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