Paternity issue: The first issue to be resolved is whether or not this father is established as a legal father. Since the mother was unmarried, no paternity presumption applied. In California, he would have had to sign the declaration of voluntary paternity in order to be named on the birth certificate and be a legal […]
Can I Date During My Divorce?
“What is the rule of thumb on dating during the divorce process? Do women expect a divorce to be final in order to take a man seriously? Is it unfair or wrong to show an interest in other women while you are waiting for the final decree?” –O.U. The rule of thumb is that you […]
Custody Change of Child’s Residence
When a court considers a move away, the Court must decide de novo what physical custody arrangements would be in the child’s best interests assuming that the mother would be living in another state. Regretfully, the trial court attempted to determine a custody arrangement but miserably failed to analyze the issue on the presumption that […]
Child Support Enforcement Automatic DCSS Levy on Father’s IRA
The payment of child support is a clear public policy of California. There is simply no safe harbor when the state DCSS seeks to collect child or spousal support arrears. Many of us in the family law field may have been misguided in thinking that individual retirement accounts (IRAs) and other pension plans are exempt […]