10 - 2024 - Azemika & Azemika

Child Support Enforcement in California: What Every Parent Should Know

October 31, 2024 by wpadmin

Ensuring children receive the financial support they need is a top priority in California. When parents separate or divorce, both are still legally required to contribute to their child’s upbringing, typically through child support payments. California has established a robust child support enforcement system to ensure payments are collected reliably and distributed effectively.

Understanding how child support enforcement works in California, from setting up support orders to enforcing payments when they are missed, can help parents navigate their rights and obligations. This article will explore the basics of child support enforcement, common methods to ensure payments are made, and options available to parents who face difficulties meeting their support requirements.

Establishing Child Support Orders in California

The court must first order child support before it can be enforced. California’s Department of Child Support Services (DCSS) assists parents in establishing child support orders and ensuring they align with state guidelines. The courts consider factors like each parent’s income, the time each parent spends with the child, and each child’s specific needs.

Once established, child support orders outline the monthly payment obligations for the non-custodial parent (often the parent who does not have primary custody). If circumstances change, the custodial parent or DCSS may request adjustments to the support order over time. When parents disagree on support terms, the courts decide based on the child’s best interest and California’s statutory guidelines.

The Role of California’s Child Support Services in Enforcement

California’s DCSS handles most enforcement cases to ensure that payments are collected and disbursed correctly. DCSS provides a range of enforcement options that allow custodial parents to receive the child support payments they are owed. The agency has several enforcement tools to manage missed or late payments, and it works with both custodial and non-custodial parents to ensure that child support payments are made as ordered.

Locating the Non-Custodial Parent — If a parent cannot be located, DCSS has access to federal and state databases that help find the non-custodial parent.
Establishing a Legal Obligation — DCSS helps establish paternity if it is not acknowledged, which is often necessary for obtaining a child support order.
Modifying Support Orders — In cases of job loss, income changes, or other life events, DCSS can help modify orders to reflect current financial situations.

Common Child Support Enforcement Methods in California

The state uses a range of enforcement mechanisms to collect payments. Here are some of the primary methods used:

Wage Garnishment — One of the most common child support enforcement methods is wage garnishments. These allow DCSS to deduct payments directly from the non-custodial parent’s paycheck. Employers are legally obligated to comply with wage garnishment orders and send payments directly to DCSS, which then forwards the funds to the custodial parent.
Interception of Tax Refunds — California may intercept federal or state tax refunds to cover unpaid amounts if the non-custodial parent is behind on child support.
License Suspension — DCSS can suspend a parent’s driver’s or professional license if the parent fails to make child support payments. This suspension remains in effect until the parent addresses the overdue balance or makes satisfactory arrangements with DCSS.
Property Liens — The state can place liens on property owned by the non-custodial parent, including real estate and vehicles. Once a lien is in place, the parent cannot sell or refinance the asset without first paying off the lien.
Passport Denial — If a parent owes more than $2,500 in back child support, they will be denied a passport. This denial will remain in effect until the overdue balance is paid to an acceptable level.
Seizure of Bank Accounts — DCSS can place a hold on the non-custodial parent’s bank account to seize funds for child support payment. This method is typically used only after other methods have failed and often requires prior notice.

When Child Support Payments Are Missed

When a non-custodial parent misses child support payments, they incur arrears, meaning they owe a debt to the custodial parent or child. California courts take these arrears seriously and may add interest to the amount due. Unpaid child support accrues 10% annual interest on the balance. This can significantly increase the total amount owed if payments are missed for an extended period.

If a parent continues to avoid payments, the custodial parent can request a court hearing, where a judge can impose further penalties, order immediate payment, or require the parent to make up the arrears in installments. If the non-compliance persists, it can lead to contempt for court charges. If the non-custodial parent continues disregarding the court’s orders, this may result in additional fines or jail time.

Options if You are Unable to Make Payments

California recognizes that financial situations can change, and the non-custodial parent may not always be able to meet their child support obligations. The non-custodial parent can file a request to modify the support order if they can prove a significant change in circumstances, such as job loss, medical issues, or other major financial shifts. California courts evaluate these cases individually to determine whether the support amount should be adjusted.

It is also helpful to communicate directly with DCSS if you struggle to make support payments. Doing so may prevent enforcement actions if the agency can provide payment alternatives or a reprieve. They can help arrange payment plans that allow non-custodial parents to gradually catch up on overdue amounts without facing further penalties.

When Both Parents Collaborate on Child Support

While enforcement actions are available for missed payments, California also encourages parents to work together to resolve issues without involving the court. For example, parents who share custody can negotiate shared expenses and reduce the need for strict enforcement measures.

Parents with unpaid support may want to look into California’s Compromise of Arrears Program (COAP). If conditions are met, COAP can forgive some of the support owed.

Turn to Azemika & Azemika for Your Child Support Enforcement Questions

Child support enforcement is a crucial process that helps ensure California’s children have access to the necessary resources. With effective mechanisms, California enforces child support orders fairly and effectively. Consulting with an experienced family law attorney can provide valuable guidance for parents unsure about their rights or obligations.

Whether you’re receiving or paying child support, Azemika & Azemika is here to help. Our team has spent the last three decades practicing family law exclusively. We understand California child support enforcement laws and will help you develop a strategy tailored to your unique situation, whether you seek enforcement or need a modification.

Common Law Marriage in California: What You Need to Know

October 17, 2024 by wpadmin

Common law marriage is often confusing when understanding California marriage laws. Many believe that when you live together for a certain number of years and present your relationship as married in public, it grants them the legal status as married. It’s much more complex, especially since California doesn’t recognize common law marriage.

Couples residing in California must understand how this impacts their rights and responsibilities, especially in separation, property division, and estate planning situations. This article will discuss how common law marriage works in California, how it affects couples, and the legal options available to those who want to protect their rights.

What is Common Law Marriage?

Common law marriage refers to a union between two people who live together and present themselves as married without undergoing a formal wedding or obtaining a marriage license. In some states, couples in long-term relationships who fulfill certain requirements can legally marry, even without formalizing the marriage in court. These requirements typically include cohabitation, mutual consent to marry, and presenting themselves as married publicly.

In states recognizing common law marriage, couples may enjoy the same legal rights as those formally married, including property division, spousal support, and inheritance rights. However, this is not the case in California.

Is Common Law Marriage Recognized in California?

Regardless of the commitment each person has in the relationship or how long the couple has lived together, California does not recognize common law marriages. You can live together for decades in California without being legally recognized as married. While this might seem like a minor technicality, the lack of legal recognition can have significant consequences in several areas of life, especially if the relationship ends or if one partner passes away.

The only exception to this rule occurs when a couple is considered legally married under common law in another state. If a couple enters a valid common law marriage in a state that recognizes it and later moves to California, the state will honor that marriage.

The Impact of Living Together in California

Though California does not recognize common law marriages, couples who live together can still face legal challenges, particularly regarding property division and financial obligations. Couples often co-mingle their assets, purchase property together, or even start families without formalizing their relationship through marriage.

When the relationship ends, dividing property and assets can become complicated. California law provides limited protections for unmarried couples who are not legally married.

For example, there are no automatic rights to spousal support (alimony) or an equitable division of property. However, couples can enter into legal agreements, such as cohabitation agreements, to outline property rights, financial responsibilities, and other legal matters. These agreements can function similarly to prenuptial agreements for unmarried couples, offering a level of protection if the relationship ends.

Palimony Claims in California

In some cases, unmarried partners may be able to seek financial support after a breakup through what is known as a “palimony” claim. Palimony refers to financial support awarded to one partner in an unmarried relationship after separation, similar to alimony in a divorce.

However, it is crucial to understand that palimony claims are not automatic and can be challenging to prove. To succeed in a palimony claim, the requesting partner must demonstrate an agreement, either written or verbal, for one partner to provide financial support in the event of separation.

This often requires clear and convincing evidence that such a promise was made, which can be challenging to establish in court. Unlike alimony in a traditional divorce, palimony is not based on the length of the relationship or the financial disparity between the parties. It is solely dependent on the existence of an enforceable agreement.

Property Rights for Unmarried Couples

One of the most significant challenges for unmarried couples in California is the need for clear property rights. When a married couple divorces, California’s community property laws dictate that all assets acquired during the marriage are divided equally. However, these protections do not apply to unmarried couples.

Property is typically divided based on ownership if the couple is not legally married. This means that if a couple purchased a home together, the division of the property would depend on whose name is on the title. The property will be divided accordingly if both partners are listed as co-owners. If only one partner’s name appears on the deed, that partner would generally retain full ownership of the property.

This can lead to significant legal battles, especially if one partner believes they are entitled to a portion of the property because of their contributions to the household, such as paying bills or making improvements to the home. For this reason, unmarried couples are strongly encouraged to create legal agreements, such as cohabitation or property ownership agreements, to outline their rights and responsibilities.

Estate Planning for Unmarried Couples

Another important consideration for unmarried couples in California is estate planning. Without the legal protections of marriage, a surviving partner may have no right to inherit property or assets if the other partner dies without a will.

When a person dies without a will, that is called dying intestate, and their assets are distributed to their closest living relatives under the state’s intestacy laws. This often means that an unmarried partner may receive nothing, even if the couple has been together for many years.

To ensure that your partner is taken care of after your death, it is essential to create a comprehensive estate plan. This can include drafting a will, creating a living trust, and designating your partner as a beneficiary on life insurance policies or retirement accounts.

Do You Still Have Questions About Common Law Marriage in California? Azemika & Azemika Has Answers

Although California does not recognize common law marriage, unmarried couples can still protect themselves by understanding their legal rights and taking proactive steps to secure their future. If you and your partner are living together in California and want to ensure your rights are protected, it’s essential to seek legal advice from a knowledgeable family law attorney.

At Azemika & Azemika, we can help you navigate the complexities of California law, offering guidance on cohabitation agreements, property rights, and estate planning. Let our expert team of family law attorneys ensure you and your partner are prepared for the future.

How a DUI Affects Child Custody in California?

October 10, 2024 by wpadmin

In California, driving under the influence (DUI) is a serious offense that can have significant legal consequences. Beyond the immediate impact on a person’s driving privileges, fines, and potential jail time, a DUI can also have long-lasting effects on family matters, particularly in child custody cases.

When a parent is convicted of a DUI, it raises concerns about their ability to provide a safe and stable environment for their child, and this can play a crucial role in custody and visitation decisions. Understanding how the courts view DUIs concerning child custody is essential for any parent involved in family law proceedings.

How California Courts Approach Child Custody

In California, courts prioritize the child’s best interests when making custody determinations. This means the court focuses on the child’s health, safety, and welfare. Judges consider various factors to determine what arrangement will best support the child’s overall well-being, including the child’s age, relationship with each parent, and ability to care for and nurture the child.

When a parent has a DUI on their record, this can be viewed as a reflection of their judgment and responsibility. Depending on the specifics of the case, a DUI can raise red flags about the parent’s capacity to provide a safe and stable home environment, mainly if the DUI incident occurred while the child was present in the vehicle.

DUI and Parental Fitness

A DUI conviction alone does not automatically result in the loss of custody or visitation rights. However, it can be a contributing factor if the court determines that it indicates a pattern of reckless behavior or substance abuse that could endanger the child.

For example, if the DUI involved an unusually high blood alcohol level or resulted in an accident, the court could view this as an indicator of serious issues with alcohol or drug use. Similarly, if the parent has multiple DUI convictions, the court may view this as a pattern of behavior that could negatively impact the parent’s ability to make sound decisions about the child’s safety.

In cases where the DUI was an isolated incident, and the parent can demonstrate that it was a one-time mistake, the court may not weigh the DUI heavily in their decision. However, the parent will likely need to provide evidence that they have taken steps to prevent future occurrences, such as attending alcohol education or rehabilitation programs.

DUI and Visitation Rights

If a DUI is seen as a significant risk to the child’s well-being, the court may impose restrictions on the parent’s visitation rights. In some cases, a parent with a DUI may still be granted visitation but under supervised conditions. This means that the parent can spend time with the child, but only under the watchful eye of another adult, who ensures that the parent is not under the influence of alcohol or drugs during the visit.

Supervised visitation is often used as a precautionary measure to ensure the child’s safety while allowing the parent to maintain a relationship with the child. Depending on the circumstances, the court may also order periodic drug or alcohol testing to ensure that the parent remains sober during visits.

If the parents can demonstrate that they have addressed any underlying substance abuse issues and have completed any court-ordered programs, they may petition the court to modify the visitation arrangement and restore unsupervised visitation or shared custody.

DUIs with a Child in the Vehicle

A DUI that occurs while a child is in the vehicle is particularly concerning in child custody cases. In California, this type of DUI can result in enhanced charges and penalties, including additional jail time, fines, and mandatory child endangerment classes.

This can also raise significant concerns about the parent’s judgment and the child’s safety while in their care. When a child is placed at risk due to a parent’s impaired driving, the court is more likely to impose severe restrictions on that parent’s custody or visitation rights. In some cases, the parent may lose custody altogether or have only limited, supervised visitation.

DUI and Substance Abuse Evaluations

In cases where a DUI raises concerns about substance abuse, the court may order a formal substance abuse evaluation. This evaluation typically involves an in-depth assessment of the parent’s alcohol or drug use patterns and the likelihood of future substance abuse issues. The evaluator may recommend treatment, counseling, or other interventions to address the parent’s substance abuse and ensure the child’s safety.

The results of this evaluation can significantly impact the court’s decision regarding custody and visitation. If the parent is found to have a serious substance abuse problem, the court may impose strict conditions on visitation or limit their custody rights until the parent can demonstrate that they have addressed their addiction.

Rehabilitative Efforts and Custody Restoration

A DUI does not have to affect a parent’s custody rights permanently. California courts recognize that people can make mistakes and take steps toward rehabilitation. If a parent with a DUI takes responsibility for their actions and follows through with court-ordered programs, such as substance abuse counseling, they may be able to regain custody or expand their visitation rights.

In these cases, the court will likely look for evidence that the parent has successfully completed treatment, maintained sobriety, and committed to making safer, more responsible choices for their child’s well-being. The parent may also need to present character witnesses or documentation to prove their commitment to rehabilitation.

Let Azemika Law Help Protect Your Custody Rights

A DUI can have a significant impact on child custody decisions in California, but it is not necessarily a permanent barrier to maintaining your relationship with your child. If you are facing a custody battle involving a DUI, it’s crucial to understand your legal options and how to demonstrate that you are capable of providing a safe and nurturing environment for your child.

The experienced family law attorneys at Azemika & Azemika understand the complexities of DUI-related custody cases and can help you navigate the legal process. We will work with you to build a strong case that demonstrates your commitment to your child’s well-being and ensures that your rights as a parent are protected.

Emergency Child Custody in California: What You Need to Know

October 3, 2024 by wpadmin

When a child is in a violent domestic situation, it’s essential to remove the child from that situation as soon as possible. If you find yourself in this situation, an emergency custody order may be the solution to protect the child’s well-being.

In California, parents or guardians can file for emergency custody in an urgent situation. This article will discuss the legal requirements and how to file for emergency custody in California.

What is Emergency Custody?

Emergency custody is a temporary legal arrangement established by a court order to protect a child from danger or immediate harm. An emergency custody order is typically issued when one parent believes their child’s health, safety, or emotional well-being is at risk. Emergency custody can result in a major shift in the custody arrangement, as one parent may gain temporary sole custody until a formal hearing can be held.

When Can You File for Emergency Custody in California?

Emergency custody requests are taken very seriously, and the courts will only grant orders when the child is in clear and present danger. Common reasons to file for emergency custody in California include:

Neglect or Physical Abuse — When there is evidence of a child being physically abused or neglected, immediate action may be required to remove the child from their current environment.
Sexual Abuse — If there are allegations of sexual abuse by the other parent, a household member, or another person close to the child, it can be grounds for an emergency custody order.
Domestic Violence — If there is domestic violence in the home or a credible threat to the child’s safety, the court may grant emergency custody to the non-offending parent.
Substance Abuse — A parent’s addiction can interfere with their ability to care for the child. If the child’s safety is compromised, emergency custody may be sought.
Abandonment — If a parent leaves the child unsupervised or without proper care, emergency custody may be necessary to ensure the child’s well-being.
Endangerment from the Environment — If the child’s environment poses immediate harm to the child, such as a dangerous household or exposure to harmful individuals, you can seek emergency custody.

It’s essential to understand that the court will not grant an emergency custody order lightly. You must present strong, credible evidence to convince the judge that your request is warranted and that the child is in immediate danger.

Legal Requirements for Filing Emergency Custody

You must meet the following legal requirements to file for emergency custody in California.

Proof of Immediate Danger — You must demonstrate that the child is at risk of serious harm. Courts will expect detailed accounts of the situation, including any recent incidents of abuse or neglect, police reports, medical records, or witness statements that verify your claims.
Filing in the Correct Court — Emergency custody petitions are filed in family court. If your case is ongoing, you may need to file in the same court handling your custody arrangement. However, if no case exists, you can file a claim in the jurisdiction where the child resides.
Timeliness — Emergency custody orders are meant to address urgent situations, so you must act promptly once the threat is identified. The court will likely question any delays in filing and may consider them a sign that the situation is not as pressing as presented.
Best Interests of the Child — The court will always focus on the child’s best interests when deciding whether to grant emergency custody. Even in emergencies, the goal is to ensure the child’s safety, stability, and emotional well-being.

How to File for Emergency Custody in California

Below are the steps to file for emergency custody in California.

Step 1: Complete the Required Forms

To initiate the emergency custody process, complete the following forms.

Request for Order (Form FL-300) — This form requests changes to your current custody arrangements or establishes new custody orders. When seeking emergency custody, check the box that indicates you are requesting temporary emergency orders.
Temporary Emergency Orders (Form FL-305) — This form specifies the type of emergency order you request, such as temporary custody or visitation restrictions.
Declaration — You must attach a detailed statement describing the reasons for your emergency custody request. Include any evidence that supports your claims, such as photographs, documents, or witness statements.

Step 2: File the Forms

Once you have completed the required forms, file them with the family court clerk. Make sure to file the forms in the correct jurisdiction, as filing in the wrong court may delay your request. There is typically a filing fee, but fee waivers may be available if you cannot afford the costs.

Step 3: Serve the Other Parent

California law requires that the other parent be notified of the emergency custody request unless the situation involves extreme circumstances, such as imminent harm to the child, where advance notice would put the child at greater risk. Most cases, the papers must be served at least 24 hours before the emergency hearing.

Step 4: Attend the Emergency Hearing

The court will schedule a hearing as soon as possible, usually within a few days. During the hearing, you can present your case, provide evidence, and explain why the emergency custody order is necessary. The other parent will also have the chance to respond. The judge will then determine whether to grant the emergency order.

Step 5: Attend a Full Custody Hearing

Emergency custody orders are temporary and typically last until a full custody hearing is scheduled. At this hearing, both parents present more extensive evidence, and the judge makes a long-term decision regarding custody.

Turn to Azemika & Azemika If You Need to File for Emergency Custody in California

Filing for emergency custody in California is a serious step that should only be taken in urgent situations where a child’s immediate safety or well-being is at risk. Having an understanding of the legal process and providing the court with robust and credible evidence, you can ensure that the necessary steps are taken to protect your child. If you are considering filing for emergency custody, consult an experienced family law attorney who can guide you through the process and advocate for your child’s well-being.

At Azemika & Azemika, we understand the urgency of your situation and are here to provide you with the guidance and legal support you need. Our team has over 64 years of combined experience handling family law cases, and we are here to help you.