Child Support

Who Pays Child’s Health Insurance After Divorce in California?

March 12, 2025 by wpadmin

Divorce can be a complex and emotionally taxing process, especially when children are involved. Among the many concerns that divorcing parents must address, child health insurance after divorce is a critical issue that requires careful consideration.

Ensuring that a child has continuous healthcare coverage is not only a parental responsibility but also a legal requirement in California. Without proper health insurance, a child may face disruptions in medical care, leading to unnecessary health risks and financial burdens.

Understanding their legal obligations regarding their child’s health insurance is essential for divorcing parents in California. The state has clear laws on who pays for a child’s health insurance in California, how medical costs should be divided, and what happens if one parent fails to uphold their responsibilities. This article breaks down the financial and legal aspects of maintaining health insurance for a child after divorce, helping parents navigate their obligations effectively.

Who Pays for Child’s Health Insurance in California?

California courts prioritize the child’s best interests when making decisions about health insurance. In most cases, the court will order one or both parents to provide healthcare coverage. If one parent has employer-sponsored health insurance, the court may mandate that they continue covering the child, provided that the cost is reasonable and does not create a financial hardship.

If both parents can access employer-sponsored health insurance, the court may decide which plan offers the most comprehensive coverage at the lowest cost. The responsibility of who pays for a child’s health insurance in California often depends on income, employment benefits, and other financial factors.

If neither parent has employer-provided health insurance, the court may require one or both parents to purchase a policy through a private insurer or California’s Covered California marketplace. Additionally, if a child qualifies for government-sponsored programs like Medi-Cal or the Children’s Health Insurance Program (CHIP). In that case, the court may require parents to contribute to out-of-pocket costs, such as co-pays, deductibles, and prescriptions.

California Divorce Health Insurance Rules

CA Fam Code § 2337 (2024) requires all divorce settlements involving children to include a health insurance provision. The key points of these rules include:

Mandatory Coverage — If a parent has access to health insurance at a reasonable cost, they are typically required to cover the child.
Income Consideration — The cost of health insurance is factored into child support calculations.
Medical Support Orders — Courts may issue a separate medical support order mandating a parent to provide coverage.
Continuation of Coverage — If a child is already covered under one parent’s policy, courts may require that coverage to continue unless there is a better alternative.

Child Medical Expenses After Divorce

Health insurance doesn’t cover everything. Co-pays, deductibles, and uncovered expenses can add up quickly. When it comes to child medical expenses after divorce, parents must follow specific guidelines to ensure these costs are shared fairly.

Basic Medical Coverage — The primary insurance provider will cover routine checkups, emergency visits, and hospital stays as outlined in the policy.
Uninsured Medical Costs — Expenses like orthodontics, therapy, and certain prescriptions not fully covered by insurance must be addressed separately.
Responsibility for Payment — Courts often assign percentages to each parent based on income. For example, one parent may be responsible for 60% of uncovered medical costs while the other pays 40%.
Reimbursement Procedures — Parents must keep detailed records and communicate about expenses to ensure timely reimbursements.

Co-Parenting Health Insurance Responsibility

Navigating co-parenting health insurance responsibility requires clear communication and collaboration. Parents must proactively inform the other parent of any changes in insurance coverage or medical needs, keep track of medical bills, and ensure each parent contributes according to the court order.

If both parents can access employer-sponsored plans, they should compare coverage options to select the most beneficial one for the child. Mediation or legal intervention may be necessary when disagreements arise about medical expenses or coverage.

Divorce and Child Healthcare Coverage

Divorce and child healthcare coverage go hand in hand. A child’s long-term health and well-being depend on the parent’s ability to maintain reliable insurance and cover medical expenses. Parents should:

Review Insurance Policies Annually — Ensure the child is on the best available plan.
Understand Legal Obligations — Be aware of court orders and child support agreements regarding medical expenses.
Plan for Special Medical Needs — If a child has ongoing medical conditions, parents should collaborate to ensure comprehensive coverage.
Communicate Openly — Keep an open line of communication regarding any healthcare changes or financial concerns.

Choose Azemika & Azemika for Your Divorce and Child Health Insurance Needs

Navigating the complexities of divorce and child health insurance after divorce in California can be overwhelming. From determining who pays for a child’s health insurance in California to understanding California divorce health insurance rules, the legal landscape is filled with intricate details that require expert guidance.

With years of experience in family law, Azemika & Azemika specializes in divorce, child custody, child support, and healthcare coverage disputes. Our firm is dedicated to protecting your parental rights and ensuring your child receives the necessary healthcare coverage.

Contact us today for a consultation. Let us help you navigate the complexities of California divorce health insurance rules and secure the best possible outcome for your family.

Imputed Income for Child Support in California

January 23, 2025January 2, 2025 by wpadmin

Navigating the complexities of child support in California can be intimidating. This is especially true when terms like imputed income are involved. Many parents may not be familiar with the term, yet it can significantly affect child support calculations. Understanding what it is and how it works is crucial for anyone involved in child custody and support matters.

For parents involved in child support disputes, understanding how courts determine imputed income and its impact on financial obligations can make all the difference. In this article, we’ll break down the concept of imputed income, explain how it’s calculated, and discuss its effect on child support arrangements in California.

What Is Imputed Income?

Imputed income refers to income the court assumes a parent could be earning, even if they are not earning that amount. Courts impute income when they believe a parent is deliberately underemployed or unemployed to avoid paying child support or to reduce their obligation. The principle behind this is that both parents have a financial responsibility to support their children, and one parent’s decision not to work or to work below their earning capacity should not negatively impact the child’s quality of life.

For example, suppose a parent has a professional degree and significant work experience but takes a lower-paying job or remains unemployed without good cause. In that case, the court may impute income based on what that parent could reasonably earn. This imputed income is then factored into the child support calculation, even if the parent does not actually earn the imputed amount.

It’s important to note that imputed income is not used to punish a parent. Instead, it ensures that the child’s financial needs are met. Courts consider several factors when determining whether to impute income, such as the parent’s education, work history, job opportunities, and efforts to find employment.

How Is Imputed Income Calculated?

California courts rely on evidence and expert testimony to determine a parent’s earning potential when deciding to impute income. This often involves examining the parent’s previous job history, qualifications, and local job market conditions. The court may also consider the availability of comparable jobs in the area and what those jobs typically pay.

For instance, if a parent previously worked as an engineer earning $100,000 annually but now works part-time as a retail clerk earning $20,000, the court may impute income based on the parent’s prior earning capacity. The court could assign an imputed income of $100,000 for child support calculations, reflecting what the parent could realistically earn if they were working to their full capacity.

However, courts do consider legitimate reasons for unemployment or underemployment. For example, suppose a parent is staying home to care for a child with special needs, pursuing further education to improve job prospects, or experiencing health issues that limit their ability to work. In that case, the court may decide not to impute income or adjust the amount accordingly.

How Does Imputed Income Affect Child Support Calculations?

Imputed income can significantly impact child support calculations. California uses a formula that considers both parents’ incomes, the percentage of time the child spends with each parent, and certain allowable deductions, such as taxes and healthcare costs. If one parent’s income is artificially low or nonexistent, imputing income ensures a fair and accurate calculation.

For example, if a parent who earns $50,000 annually suddenly reports no income without a valid reason, the court may impute income at the previous $50,000 level. This ensures that the child does not lose financial support due to one parent’s decision to stop earning or work in a lower-paying position.

Imputed income also prevents one parent from manipulating their income to reduce their child support obligations. Without this safeguard, a parent could avoid their financial responsibilities by deliberately underreporting income or declining to work.

Defending Against Imputed Income

If you are a parent facing the possibility of having income imputed, presenting clear evidence to the court is essential. This may include proof of your job search efforts, medical records showing health limitations, or documentation of your responsibilities as a caregiver. Consulting with an experienced family law attorney ensures your case is presented effectively.

Choose Azemika & Azemika for Your Child Custody and Support Needs

Child support matters involving imputed income can be complex and emotionally charged. They often require careful evaluation of each parent’s earning capacity and financial obligations. Understanding how imputed income works and how it may impact child support calculations is essential to ensuring a fair outcome.

Whether seeking to establish accurate support payments or defending against imputed income, being well-informed and prepared is key to successfully navigating this aspect of family law. With the proper guidance and a clear understanding of the process, you can work toward a resolution prioritizing your child’s well-being.

At Azemika & Azemika, we understand the complexities of California family law and are committed to achieving the best possible outcome for you and your family. Our attorneys have decades of experience handling child custody and support cases, including those involving imputed income. We provide compassionate, personalized representation tailored to your unique circumstances.

Contact Azemika & Azemika today to schedule a consultation. Let us help you protect your rights and secure the financial support your child deserves.

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.

What Happens if You Don’t Pay Child Support in California?

May 6, 2024 by wpadmin

In California, both parents are legally obligated to support their children financially. The amount of support each parent contributes is determined by a child support order issued by the court. Failing to make these required payments can result in serious consequences.

Along with the legal ramifications, failing to pay child support can affect the children involved, the custodial parent, and even the delinquent parent. This article will explore the consequences of failing to pay child support in California.

Child Support in California

When parents are divorced or unmarried in California, the parent with primary custody of the children typically receives child support payments from the other parent. Child support payments are intended to cover expenses for the child, such as:

Food, clothing, housing, and other basic needs
Education
Medical
Other reasonable expenses

The court will issue a child support order that includes a schedule of payments. Child support payments should be paid for the specified amount on the dates listed in the order. Failure to do so could result in negative consequences.

Warrants for Failing to Pay Child Support

If a parent fails to make one or more child support payments, the court could issue a warrant for their arrest. The warrant can be civil or criminal.

Civil warrants are issued when a parent fails to comply with a child support order. Failure to pay child support is considered contempt of court. Civil warrants can result in the parent being fined or sentenced to less than a year in jail, sometimes both.
Criminal warrants are issued when child support payments haven’t been made for an extended period and the parent is significantly behind in support payments. A criminal warrant can be issued regardless of where the parent resides in the U.S. Criminal warrants can result in fines, a year or more in jail, and sometimes both.

Other Consequences for Failing to Pay Child Support in California

Along with a warrant being issued, there are other legal consequences for failing to make timely child support payments in California. Here are some other consequences non-compliant parents may face.

Wage Garnishments — The Family Support Act of 1988 allows for the garnishment of wages of the non-compliant parent.
Health Insurance — If the noncustodial parent is responsible for paying health insurance for their children, the amount they owe for insurance may be deducted from their wages.
Property Lien — Liens can be placed on the noncustodial parent’s home, property, bank accounts, or retirement accounts.
Denied Tax Refund — If back child support is owed, the amount the non-compliant parent would have received as a tax refund will be used to catch up on their child support payments.
Driver’s License Suspension — A parent behind on child support payments faces a driver’s license suspension. To have their license reinstated, they must set up a payment plan.
Boating and Hunting License Suspension — If these licenses are lost, they will be reinstated without a suitable payment plan.
Professional License Suspension — When this occurs, it can make it even more difficult for the parent to make child support payments consistently.
Passport Revocation—A parent who owes child support may try to flee the country to avoid paying. The government can legally revoke their passport. This can also negatively affect their immigration status.
Credit Score Implications — When you fail to pay child support, the child support agency can report this to the credit bureaus. This can negatively affect your credit score, making it difficult to obtain credit.

Child Support Order Modifications

Circumstances change, but failing to make court-ordered support payments isn’t the best approach if you struggle to make child support payments. Instead, you can petition the court for a modification. However, it’s essential to understand that the court doesn’t have to rule in your favor.

Typically, the court will only order a modification once qualifying circumstances exist. Some of these circumstances include:

Job loss
Disability
A significant decrease (or increase) in income
A new child, you have to support
Changes in physical custody

The only way to avoid presenting a material change in circumstances is if you and the custodial parent agree to modify the child support order. The other way to avoid having to show a change in circumstances is if the amount of your support order is below the state guidelines amount.

Not Receiving the Child Support Payments Owed to You? Azemika & Azemika Can Help

Failing to pay child support not only has legal penalties but also affects your children. Parents must prioritize their children’s welfare and honor their financial responsibilities. By fulfilling child support obligations, you can ensure that you uphold the law and contribute to their family’s stability, resilience, and success.

At Azemika & Azemika, our experienced partners understand the complexities of California’s child support laws and are dedicated to advocating for the rights of custodial parents. We will work tirelessly to ensure you receive the financial support you and your children are entitled to.

If you are still waiting to receive the child support payments owed to you, we can help. Contact us today for a consultation.

Child Support in California: How Long Am I Required to Pay?

October 10, 2023 by wpadmin

Child support is crucial in ensuring the financial well-being of children whose parents have separated or divorced. In California, as in many other states, child support obligations are established to provide for the child’s basic needs, including housing, food, clothing, education, and medical care. However, child support is not meant to be a permanent arrangement, and there are specific circumstances under which it can end.

In this article, we will explore when child support ends in California, the factors that influence termination, and what parents should know to navigate this important aspect of family law.

Factors Influencing Child Support Termination in California

Understanding when child support ends is essential for both paying and receiving parents. Here are the main factors that affect the termination of child support payments in California.

Age of Majority

In California, child support generally ends when the child reaches the age of majority, which is 18 years old. At this point, the child is legally considered an adult and responsible for financial support. However, there are exceptions to this rule, and child support may continue beyond the age of 18 in certain situations.

High School Graduation

One of the most common exceptions to the age of majority rule is when a child is still in high school at the age of 18. In such cases, child support may continue until the child graduates from high school or reaches the age of 19, whichever comes first. It is essential to note that the child must be actively pursuing a high school diploma or its equivalent to qualify for this extension.

Disability or Special Needs

Child support may also continue beyond the age of majority if the child has a disability or special needs that prevent them from becoming financially independent. In such cases, the court may order ongoing support to ensure the child’s care and well-being. Parents must provide appropriate medical documentation and evidence to support this claim.

Agreement Between Parents

In California, parents can agree to continue child support payments beyond the age of majority, even without specific circumstances like high school graduation or disability. These agreements should be documented and submitted to the court for approval to ensure they are legally enforceable. Such arrangements often occur when both parents agree that additional financial support is necessary, such as for college expenses.

Emancipation

Emancipation is a legal process through which a minor becomes legally independent and is no longer under the control of their parents. Child support obligations in California typically end if a child becomes emancipated before age 18. Emancipation can occur when a minor gets married, joins the military, or becomes financially self-sufficient.

Termination by Court Order

In some cases, child support may be terminated by a court order, even if the child has not reached the age of majority. This can happen if the court finds that continuing child support is no longer in the child’s best interests. Factors influencing such a decision include a significant change in circumstances, a child’s refusal to maintain a relationship with the paying parent, or other compelling reasons.

Child’s Financial Independence

Child support may be terminated if a child becomes financially self-sufficient and no longer relies on their parents for support. This can occur if the child secures a job or other means of support that allows them to cover their living expenses.

Parental Agreements and College Expenses

While child support in California generally terminates at age 18, it’s important to note that parents can agree to continue support for college expenses or other educational costs. These agreements should be formalized and approved by the court. Parents who wish to support their child’s higher education can work together to determine the extent and duration of their financial contributions.

Factors Influencing Child Support Termination

Now that we’ve discussed the various scenarios in which child support may end in California, let’s delve into the factors that influence the termination of child support.

Court Orders — Court orders are California’s primary determinants of child support obligations. When the court orders child support, the paying parent is legally obligated to make payments as directed. Conversely, when the court orders the termination of child support, payments must cease.
Parental Agreement — As mentioned earlier, parents can agree to extend or terminate child support. Such agreements should be reached amicably and documented, and they can be submitted to the court for approval to ensure they are legally binding.
Child’s Age and Status — The child’s age and life circumstances significantly determine when child support ends. Whether the child reaches the age of majority, graduates from high school, becomes emancipated, or experiences a change in circumstances can all affect the termination of child support.
Child’s Needs and Best Interests — The court’s primary concern when making child support decisions is the child’s best interests. If it is determined that the child’s needs are adequately met without ongoing child support, the court may order its termination.

Turn to Azemika & Azemika for Legal Help With California Child Support Issues

Child support in California is a critical aspect of family law designed to ensure children receive the financial support they need to thrive. The termination of child support in California is guided by legal processes and court orders. Parents should seek legal counsel and communicate openly to navigate child support matters effectively.

At Azemika & Azemika, we understand that child support matters can be complex and frustrating. If you have questions about child support or when your child support payments end, we’re here to help. Our team of family law lawyers will ensure you understand your child support obligations before you stop paying child support.

Child Custody Modification in California: What You Need to Know

May 10, 2022March 10, 2022 by wpadmin

Life is never predictable, and as your children grow, their needs change with unexpected circumstances that affect everyone in the family. Certain court orders are able to be modified by California courts, even after a final judgment has been made. Common areas for post-judgment modifications are child custody, visitation orders, child support orders, and spousal support orders. In order to modify child custody, parents have to account for the change of circumstances and be able to prove how a child custody change could benefit their children.

Common Reasons for Child Custody Modification

Judges will allow modifications for a child custody order for the following:

Child’s needs have changed
The child is in physical, emotional, psychological, or sexual danger
One or both parents’ situations changed
Non-custodial parent’s work schedule changes
Non-custodial parent has moved closer to the other parent
The child wishes to live with or spend more time with the non-custodial parent
One parent needs to relocate
One parent acts irresponsibly (such as not getting their children to school on time, abusing drugs or alcohol in front of the child, etc.)
One parent refuses to follow the original child custody order

Filing for Child Custody Modification

Seeking modification of child custody and visitation orders at any time, if you are able to show the court that a significant change in circumstances has occurred since the first order was made. You will need to show how the modifications can improve your child’s life, and prove that these improvements are in the best interest of your child. You may modify a child custody order at any point until the child turns 18. Typically the parent who wants to modify the order will make the request with help from an attorney.

Steps in Modifying Child Custody in California

Filing court forms: A Request For Order form, and optional Child Custody and Visitation form are made to begin the child custody modification process. In these forms, explain why it is necessary to change the existing custody order. In the optional form, the filing parent should detail information about future visits, holiday arrangements, and other scheduled visitations for the judge to consider their order.
Having forms reviewed by a trusted lawyer: Family Law attorneys will ensure your forms are filled out correctly. Parents also can hire a lawyer for legal advice and assistance through their claim.
Make copies of all court forms: Each parent should receive their own copy of the original court forms that will be given to the court.
Filing forms with the court clerk: A court clerk will stamp the two copies, and keep the original document to be filed. Filing costs with a clerk usually range from $200-400. A fee waiver can be given if a parent is unable to afford the fee.
Receiving mediation or court date: The court clerk will provide the court date, and a parent may have to meet with a mediator prior to said court date.
Serve papers to the other parent: You are able to hire someone over the age of 18 to serve the papers to the other party. Attach a blank Responsive Declaration to the Request for Order, and also check Form FL-300 to notice if there are any additional documents that need to be served. Your attorney will let you know if any paperwork must be served in person, or if a parent can be served by mail. Service of process is to be completed 16 days before the court date, or 21 days when served by mail.
Filing Proof of Service: Whoever is serving the court orders will need to complete a Proof of Personal Service form, and give it to the parent to file at the court. If the process is served through mail, the server will need to fill out a Proof of Service by Mail form.
Attend mediation or court: Your local court might require both parents to attend the mediation. If an agreement isn’t reached in mediation, both parties will need to settle their dispute in court. You and your attorney will need to bring copies of all filed forms to court.
Post Court Proceedings: Once your request for modification has been approved, the judge will sign a court order. A courthouse clerk or staff will then prepare the document for the parent who requested a hearing. If either party had any legal assistance, their lawyer will prepare the document.

Kern County Family Law By Your Side

Having a trusted attorney to guide your decisions and process paperwork needed can make things easier and more streamlined for you, which is especially desired when it comes down to the future of your children.

At Azemika Law, we’re here for you with our practice devoted to family law for 28 years. We efficiently handle cases involving divorce, dissolutions of partnerships, child custody and visitations, abandonment, and adoptions. Serving all of Kern County, we want you to have the opportunity to make informed decisions from the best position possible for your future.

Everything You Need To Know About Adult Adoptions

March 8, 2022February 28, 2022 by wpadmin

When we hear about adoption, we immediately think about the adoption process for children. Less talked about, and less common, is adult adoption. Adult adoption happens most typically when step-parents adopt their spouse’s adult children, but we also see cases where families are reunited later in life and want to legalize their rekindled relationship, or can occur if someone needs care with a disability.

Adult adoption doesn’t give the same legal rights as when adopting a child, due to the adoptee being able to legally make their own decisions, but adult adoption has its own benefits.

What Is Adult Adoption?

Adult adoption is when one adult is adopted by another adult, which legally terminates the parental relationship with the biological parent. In California, the adult adoptee must be 18 or older, and at least 10 years younger than the adopting parent. Everyone involved, including spouses, will have to agree to the adoption in writing.

An adult adoption establishes all the legal rights and responsibilities between parent and child, which can include things like organizing next of kin, who holds power of attorney, and other legal requests. Once the adoption is completed, the birth parents no longer carry any of the parental duties, rights to, or responsibilities over the adult adoptee. If desired, the newly adopted adult may take on their adoptive parent’s last name, and have their birth certificate amended once the whole process has been completed. Adult adoption does not change any immigration status.

How Do You Adopt an Adult?

When adopting a minor, the consent of both biological parents is required. While adopting an adult, the only consent needed is from the adoptee themselves, and potentially their spouses. There are a few required documents for adult adoptions in California:

Adoption agreement: A document that states the parties agree to assume the legal relationship of parent and child, and have all the rights and are subject to duties of that relationship
Petition for approval of the adoption agreement: A formal request that the court approves the adoption agreement. This document includes specific details pertaining to the relationship of the child and parent, and why the adoption would be best for both parties.
The order of adoption: A formal court order granting the adoption, which should be brought to the adoption hearing to be signed by the judge.
Spouse consent: If either parties are married, consent from their spouse(s) is necessary

Adult adoptions are finalized at a hearing in front of a judge. The judge considers a number of factors, and decides based on the best interest of all parties involved. Adult adoption hearings can be made easier when represented by an attorney who has experience navigating adult adoption law and can help avoid any unforeseen circumstances in filing, or in court.

Reasons for Adult Adoption

There are a few reasons adult adoption happens, and can be beneficial to everyone involved in the relationship.

Legal inheritance can be difficult if there is not a legal relationship between the parent and child. Formalizing the relationship makes the process smoother, less likely to be challenged, and easier to manage under law terms.

Caregivers of adults who have any mental or physical disabilities may adopt to be able to make decisions legally when an adult is unable to care for themselves. Sometimes biological parents are unable to continue caring for their child, and having another caregiver adopt can make legally providing care easier. Other times, maybe an aging parent needs to let their child make important healthcare decisions. This lets the caregiver make legal decisions for another adult that isn’t capable of doing so.

Foster care situations where a family has fostered a child and have formed a bond, once that child is a legal adult they can legally recognize that relationship. This is beneficial for any children who grow out of the foster care system but don’t wish to return to their biological family.

Older siblings who have cared for their younger siblings and assumed the position of parental responsibility can formalize their relationship by adopting, and make legal situations easier in the future.

Reuniting with a biological family happens when adult adoptees who were adopted as children seek out their birth families, and the biological family chooses to formalize their relationship. This makes the biological family legally their parents again.

Working With an Attorney for Adult Adoption

When you wish to strengthen the bond of your relationships with an adult adoption, our attorneys at Azemika Law can help. We efficiently handle cases involving divorce, dissolutions of partnerships, child custody, abandonment, and adoptions.

Serving Kern County for the past 28 years, we provide all of our clients with knowledgeable and affordable representation. We are family law specialists and we understand that each case is as unique as the clients we represent.

For comprehensive representation in the adoption process, contact us today.

What is the Difference Between Child Support and Alimony?

March 13, 2025November 20, 2021 by wpadmin

During the divorce process, there are many financial issues that you will need to work through with your spouse. Among those are the subjects of alimony and child support. People often misunderstand the difference between these two types of support.

While both are support payments typically paid by the same person, they are different, and each has a distinct set of rules. If you are thinking of filing for divorce, it’s important to know how these two types of payments differ, as well as which you might qualify for or which you may be required to pay. We are going to define each type of payment and point out the differences between each.

Alimony

Alimony (also known as spousal support) is a payment made from one spouse to another after a divorce. The intention of alimony is to help the spouse who earns less maintain the same lifestyle as before the divorce.

The courts may grant a spouse alimony in addition to child support. If you are expecting alimony it’s important to know that the courts will not automatically grant alimony. You have to ask for it.

How Is Alimony Determined?

There isn’t a specific formula to decide if the courts should grant alimony or how they should calculate the payment amount. There are a variety of factors that go into determining alimony payments. (California Family Code section 4320)

The income of each spouse as well as their current employment situation
Each person’s living expenses
The division of assets during the divorce
How long the marriage lasted
The age of each spouse

Certain circumstances can cause the amount of the alimony payment that the court initially granted to be modified. For example, if the person paying alimony loses their job, they can ask for a reduction in the amount of alimony they pay. On the other hand, the person receiving alimony can ask for an increase when their cost of living increases.

How Is Alimony Taxed?

The Tax Cuts and Jobs Act of 2017 changes how alimony payments are taxed. Alimony determinations made before December 31, 2018, require that the person receiving the payments include them as part of their taxable income. And if you are making alimony payments, they are considered a tax deduction.

Determinations made after December 31, 2018, do not require the recipient of the payments to report them as taxable income. And if you are paying alimony, those payments are not tax-deductible.

Child support is money paid by the noncustodial parent to help maintain the child’s standard of living and is typically automatically granted during the divorce proceedings. The custodial parent should use it to cover medical care, food, housing, clothing, and other necessary expenses.

Unless the parents earn the same amount of income and have a 50/50 parenting plan, one parent typically spends more on the children. Child support is issued to make up for that difference.

How Is Child Support Determined?

Child support is determined based on California Family Code Sections 4050-4076. The judge will consider the following information when determining the amount of child support payments:

The gross income of each parent
How much time the child spends with each parent
Tax deductions that each parent can claim
How much each parent pays in health insurance, union dues, and pension
Child care costs paid by each parent

The courts will then plug those numbers into a complex formula that will decide the amount of the child support payments. And while this amount is presumed to be the correct amount that the courts should order, the judge can decide to increase or decrease the amount of support if the situation meets certain criteria.

How Is Child Support Taxed?

Since child support benefits the children, child support payments are not taxable. Also, the parent providing child support can not use child support payments as a tax deduction.

How Are Support Payments Made in California?

Many states use wage garnishment only in cases of non-payment. However, California requires wage garnishments for all support payments. Garnishing the payor’s wages ensures on-time payments because the payor’s employer takes the payments directly from their paycheck and submits them to the state.

Let Us Help You Get the Financial Support You Deserve From Your Divorce

As a parent, the first thing you may think of during a divorce proceeding is child support. But if you are eligible for alimony, you need to make sure that you are taken care of financially. And if the court orders you to pay child support or alimony, it’s important to know your rights and what you are legally required to do.

Having an experienced family law attorney on your side will protect your rights during your divorce. The partners at Azemika & Azemika have over 56 combined years of handling family law cases. We will help you understand your rights, and we will represent you in court and do everything in our power to get you the results you desire.

Contact our office today to schedule a consultation. Let us fight for you and protect you and your family during this emotional time.

What Can Cause a Parent to Lose Visitation Rights?

November 16, 2021October 20, 2021 by wpadmin

There are quite a few reasons that parents could lose their parental rights in California. Some of these reasons are obvious, but some may surprise you.

Child custody orders in California are typically considered final and generally aren’t altered. And while California courts believe that it is in the child’s best interest to have a relationship with both parents, they will not hesitate to limit or revoke custody rights if it is in the child’s best interest to do so.

If you are trying to gain custody of your children, there are some mistakes that you absolutely cannot make. Let’s take a look at some of the mistakes that could cause you to lose visitation rights in the state of California.

Child Abuse and Neglect

Child abuse is one of the most substantial and urgent grounds to request a modification or termination of parental rights. The courts have the authority to modify existing custody arrangements if they receive evidence that a parent has been physically, psychologically, or emotionally abusing their child.

Neglecting the child is another way that a parent may lose their visitation rights. Some forms of neglect include failure to:

Provide your child with a proper diet
Provide adequate shelter
Make sure the child is clean and well-groomed
Ensure the child attends all scheduled appointments
Adequately watch the child

Children who experience neglect and abuse have an increased risk of mental health issues and an increased risk of developing a substance abuse problem in the future. The courts will revoke a parent’s custodial rights if it is in the child’s best interest.

Falsely Accusing the Other Parent of Abuse

If a parent has falsely accused the other parent of abuse, they may also lose custody rights of their child. This is because the court sees false accusations as a way to disrupt the custody process.

Domestic Violence

When domestic violence exists in a household, it can put the child in a dangerous situation. If either parent is found to abuse any other member of the household, they may find their custody rights in jeopardy, even if the child isn’t the victim.

Substance Abuse

Parents with substance abuse problems may also risk losing custody and visitation rights. Substance abuse prevents a parent from caring for their children properly, putting them at a higher risk of being neglected or abused.

Mental Health Issues

Although mental health issues do not guarantee that a parent will lose custody, if evidence shows that the parent’s mental illness may pose a threat to the child, custodial rights may be terminated or limited. Before making a custody decision or altering one already in place, the courts may require the parent to complete psychological testing and counseling.

Parental Alienation

As stated earlier, California courts typically come to a custody decision that allows the child to have a relationship and contact with both parents. Parents who share custody have a legal obligation to honor the terms of the arrangements.

Parental alienation happens when a parent tries to keep the child from seeing the other parent or if they try to turn the child against their other parent. The courts do not tolerate this behavior, and the violating parent may have their custody and visitation limited.

Being Absent From Your Child’s Life

There are many reasons why a parent may end up being absent from their child’s life. When a parent has been continually absent from their child’s life, they may find that this affects their custodial rights even if their absence is due to a legitimate reason such as having a demanding job, multiple jobs, or even military service. If you aren’t available to parent your child, your parental rights could be put in jeopardy.

Let the Family Law Attorneys at Azemika & Azemika Help You Protect Your Parental Rights

The bottom line is that raising a child should be a team effort. Both parents should be contributing to the welfare of their child and should be doing what is in the best interest of their child, despite how they feel about each other.

If you are facing a custody battle or if you are worried about losing visitation or custody of your children, let the experienced attorneys at Azemika & Azemika help. Our partners have a combined total of over 56 years of experience with family law cases. Whether it is a simple case, or a complex case, we will be there to help you understand and protect your parental rights.

We know that this is a challenging time for you and your family. You will be continuously updated on the status of your case so that you can make informed decisions.

Schedule a consultation today.

Options for maintaining child support while unemployed

July 13, 2021June 20, 2021 by wpadmin

The circumstances of your life are constantly changing, but that doesn’t mean your obligation to pay child support will. California requires both parents to help meet the financial needs of raising their child or children. So while changes in your income can alter your responsibility somewhat, you still need to go through the legal process to make it official and avoid punishment. But what can you do when you’re unemployed and have no income?

At Azemika & Azemika Law, we specialize in many aspects of Kern County family law, including maintaining child support during difficult times. Because California courts make child support judgments in the best interest of the child, there are times when you may feel the amount you must pay is overwhelming or unrealistic. Thankfully, there are solutions available to ensure you keep making your payments on time—and we can help you sort through the options that best match your situation.

In this article, we’ll outline how different forms of unemployment can impact your child support obligations. We’ll also analyze how courts can calculate changes to your payment obligation should you find yourself unemployed. Then, with the help of an experienced family law attorney in Bakersfield, you can take the necessary steps to adjust your child support payments.

Types of Unemployment

For child support, California considers three different types of unemployment:

Voluntary unemployment, wherein a parent chooses not to work (or loses their job) but doesn’t seek new employment.
Involuntary unemployment, where a parent loses their job through circumstances beyond their control and is unable to secure work despite their best efforts.
Voluntary underemployment, which sees a parent choosing to work less or receiving total income less than they were when the judge issued the initial child support order.

A judge will look at your specific circumstances to determine whether or not an adjustment to your child support order is valid. Understandably, courts don’t view all cases with sympathy. For example, if you quit your job and opt not to look for a new job, that’s a personal decision within your control that will warrant an adjustment.

A judge is more likely to adjust if you can demonstrate that the reason for your job loss or underemployment wasn’t your choice. For example, suppose budget cuts resulted in your termination, and you have been diligently searching for a new job. In that case, it’s more likely that a judge will alter the original support order until you can find employment. However, if you were terminated due to poor performance or bad behavior and still can’t find a job, that’s not out of your control.

However, the circumstances of why you’re unemployed aren’t the only factor determining a change in a child support order. Besides investigating cases, California courts must decide what you should still pay, if anything, following state guidelines. To do this, they use imputed income to make a final calculation.

What Is Imputed Income?

Imputed income could be thought of as a baseline salary you could be making if you were still working full-time. However, rather than look at the job you previously held, courts usually use state or federal minimum wage guidelines to determine what you should continue paying. While this doesn’t altogether remove your child support responsibilities, it could reduce them considerably.

Another purpose of imputed income is to punish parents who are acting in bad faith. For example, a parent who goes out of their way to get fired, or chooses to quit and not seek work, could be doing so intending to hurt their former spouse. Imputed income ensures they can’t weaponize unemployment against their ex-partner or their child.

Imputed income isn’t always used by courts when a parent is suffering hardships, however. For example, if you’re able to demonstrate that you’re putting in your best effort to secure work or have a valid reason for not seeking employment (like staying home to care for a loved one), imputed income likely won’t come into play. Instead, a judge may make a temporary change in your payments until you find work or can return to work.

What Counts As Income?

When they crafted your initial child support order, the courts looked at more than your employment wages to determine what you should pay. These revenue streams, such as stocks, bonds, and other investments, contributed to that final figure. So even when you’re unemployed, those additional revenue streams will still count towards your total income.

That being the case, you may need to sell some assets to illustrate that you’re doing everything you can to meet your payment obligations, even if you aren’t actively earning an income from working. It’s a factor in showing that you’re doing everything to meet your obligations. However, this doesn’t apply to all assets, nor is it a steadfast rule.

You Can Count on Azemika Law

The complexities of child support laws can be overwhelming on their own, but meeting your responsibilities on top of unemployment can feel like an impossible task. However, how you try to solve the problem can significantly impact your future, so it’s best to work with Bakersfield’s best family law attorneys.

That’s where we come in.

At Azemika & Azemika Law, we have expertise in family law, including child support, child custody and visitation, father visitation, and divorce. Let us help you navigate these and other changes in your family life with compassion and understanding. Reach out to our office now to discuss your needs and learn what we can do for you.