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November 2019 Archives

Can a child support agreement deviate from state guidelines?

In California, when a couple gets a divorce and there are children from the marriage, child support will be a common issue in dispute. Still, there are circumstances where the parents are able to come to an agreement on how much will be paid. Since there are basic state guidelines for child support, the agreement is generally expected to fall within the guidelines. However, some people want to deviate from the guidelines.

What is the order of preference for granting child custody?

Emotions can run high during a child custody dispute. In general, the parents will seek custody of the children, but others who claim to have the child's best interests in mind might also wish to be granted custody. The courts will focus on that previously mentioned phrase: the best interests of the child. Knowing the law regarding who can be granted custody is critical to a case.

What is a Summons and Complaint in a child support case?

When a California couple reaches the end of their marriage and children are involved, they will likely disagree on many factors. Once the child custody is determined, it is important to decide how much the child support payments will be. While most people are undoubtedly familiar with child support generally, the basics can sometimes be confusing. As they deal with the emotions that arise during a divorce, worrying about technical details can add stress to the situation.

What is a deferred sale of home order in a California divorce?

In a California divorce, there are scenarios where property division and child support intersect. In cases where a family home must be sold, the sale of the property may be temporarily delayed so the custodial parent can reside there, regardless of whether the parents have sole custody or joint custody. This is called a deferred sale of home order. Understanding what the law says about this in the context of divorce and property division is critical to a case and can help the child adapt to the new circumstances.

What principles do courts follow regarding child support?

Some of the most difficult factors in a California divorce center around children. Child custody, visitation and child support can lead to major disputes. With child support, there are certain guidelines in place that the state uses to make decisions regarding how much support should be paid.

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John T. Chamberlin, Attorney at Law
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