Common Issues
Child and Spousal Support
When a divorce is filed a party may have a right to receive spousal and/or child support. The calculation of support is dependent on a number of factors. Contact our office for a free half‑hour consultation to discuss the specific facts of your case.
Modification of Child and/or Spousal Support
When there is a substantial change in circumstances, for example a change in a party’s income or a job loss, parties may request a modification of the current child/spousal support order to reflect the change. If granted, the modification of support may be retroactive to the date of filing the Order to Show Cause for modification, and not sooner. Therefore, support obligations will continue as ordered, and accrue if not paid, regardless of the parent obligor’s changed circumstances, until a modified order is filed.
Division of Property
Property acquired during the marriage with monies earned during the marriage are generally presumed to be community property and equally divided. This applies to tangible property like cars, furniture, art, real property as well businesses and intellectual property. Often appraisers and accountants are needed to value property to ensure an accurate division of property. Forensic accountants can be used to trace monies when needed. Parties generally keep property they acquired before marriage providing the community has not acquired an interest in it. Family Code §2640 provides that parties are entitled to reimbursement for a separate contribution toward the acquisition of property, subject to certain conditions.
It is also necessary to divide and assign any and all debt acquired during the marriage. Contact our office for a free half‑hour consultation to discuss the specific facts of your case.
Paternity
It may be necessary to establish paternity so that the child’s legal right of receiving health insurance, social security benefits, inheritance rights and monetary support may be established. In these cases, generally both parents and the child submit to DNA testing. Once a party is determined to be the biological father, he can request custodial time with the child. It also may be determined that the father pay child support to the other parent. Contact our office for a free half‑hour consultation to discuss the specific facts of your case.
Domestic Violence
If you are in immediate danger, call 911 (emergency line). You may receive an Emergency Protective Order if there is an “immediate and present” danger of domestic violence, or if a child is in immediate and present danger of abuse or abduction, or if an elder or dependent adult is in immediate and present danger.
Otherwise, the following resources are invaluable to finding the support you need:
1) Superior Court of California (Orange);
2) Laura’s House, 24 hour hotline toll-free (866) 498-1511, phone (949) 498-1511;
3) Human Options, 24 hour hotline (877) 854-3594, phone (949) 737-5242.
Contact our office for a free consultation to discuss filing a civil domestic violence action and obtaining a restraining order.
