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Riverside County and San Bernardino County Divorce Lawyers

July 16, 2020 Uncategorized

Riverside County and San Bernardino County Divorce Lawyers

Our firm has a long experience in dealing with complex divorce and family law charges and we are aware of the different laws overseeing child support. Working with our firm can enormously profit the result of your separation case. Our child support legal counselors who have adequate resources to help you are ready.

It is the court’s longing and commitment to guarantee that our state’s kids are very thought about. In making a ruling of kid support, the court will contemplate factors that could modify the result of a kid support case.

Factors considered include:

Both parent’s income.

Both parent’s capacity to make an income.

The measure of time that every child has with the parent.

Children from different relations are not included in the current case.

The objective is to guarantee that the children are equally accommodated while under the watchful eye of each parent, paying little mind to the parent’s individual income. Kid support is modifiable until the last-born child turns 18 or 19 (if not yet graduated secondary school), weds, dies, or gets liberated.

Accordingly, if there is an adjustment in your earning, the other parent’s earning or the shares held at the co-operative, either parent may appeal to the court to alter the current support demands. The parents can concede to kid support also.

Frequently Asked Questions and Answers Regarding Child Support

My little girl graduates from secondary school when she is 17. Would I be able to end support when she completes secondary school?

No. the law states that kid support will be paid until the age of 18 or 19 if the kid is still in secondary school. In the event that a youngster happens to complete secondary school before 18 years of age, the guardians are as yet required to provide to that kid until the child gets the age of adulthood, except if that kid weds or gets liberated.

My child has been acknowledged to join a university. Would his father be required to keep paying kid support on the grounds that my child will at present be in school?

Guardians are normally not legitimately required to accommodate their children upon reaching adulthood.

My ex and I have twins. One of them is incapacitated and will require support for the entire life. Can end support after he turns 18?

In this kind of case, and relying upon the seriousness of the inability, it is conceivable that child support can proceed into adulthood.

What newspaper do I need to post in for service by publication?

Every lawsuit, even divorces, require notifying the other side so that they have the opportunity to defend themselves in the proceeding. Serving your spouse with notice of the divorce proceedings is generally done by mail or in person.

Service by publication can meet a court’s requirement for proof of service. It provides constructive notice of the lawsuit. This is still considered proper service of process even if the defendant never actually receives notice or views the publication.

When Is Service by Publication Allowed?
Service by publication is generally allowed when the location of your spouse is unknown or when they are in-hiding or intentionally dodging service. A court will only allow you to perform service by publication when you have done your due diligence to locate your spouse and exhausted all of your options.

Due diligence, in this context, generally means that you have hired a process service to serve the defendant at their last known address and that has failed. It can also include attempting to mail the notice, by certified return receipt, to their last known address or a relative’s house in which they have been known to reside. Due diligence can sometimes be met by using substituted service which is when the notice is given or mailed to a family member or friend of your spouse that has been approved by the court to receive such documents.

Once they have attempted service, you must file a motion with the court asking the judge to approve service by publication.

What Newspaper Should You Use?
Service by publication should occur in a newspaper of general circulation in your area. Some newspapers may charge a fee to run the notice provision. The newspaper you want to use for service by publication can be included in your motion asking the court to approve this type of notice.

What is a Newspaper of General Circulation?
Not every newspaper qualifies as one of general circulation. Only a court order signed by a judge can designate a newspaper as one to be used. After a newspaper receives that decree, they are said to have “adjudicated status” which allows them to post legal notices like divorce summons.

Here is a list of criteria that has been used by courts to determine whether a newspaper is one of general circulation:
1. It prints news of a local, general character. Newspapers dedicated to single topics or to particular profession, calling, race, or denomination do not typically qualify.
2. The newspaper has a subscription base. While notice by publication does not require the defendant to actually see the notice, someone has to.
3. It has been established and in print for a year or more. It also needs to be published to its subscribers or the public at regular intervals.
These requirements aim to ensure that service by publication is not used as a way of avoiding notifying your spouse of the divorce proceedings in hopes of obtaining a more favorable result.

Can I get divorced if he says he won’t sign the papers?

Often, one spouse wants a divorce and one does not. The one who does not will often look for any possible way of stalling the proceedings. Many think that a refusal to sign the paperwork will prevent the divorce from happening.
Unfortunately for those spouses, this is simply not true. The fact is, there are two kinds of divorce: contested and uncontested.

What’s the difference between contested and uncontested?

Let’s start with an uncontested divorce. An uncontested divorce is one in which both spouses agree that the marriage is over and that they both want to end it legally and move on with their lives. In addition, they agree on everything about the divorce. They agree on child custody, visitation, and support; alimony; the distribution of assets and debts; and the grounds for the divorce. Because everything is agreed on, the divorce happens quickly and easily, with no need for mediation or hearings where a judge makes decisions.
This kind of divorce is usually faster, cheaper (no need for lawyers when everything is agreed on), and easier. It’s also what’s known as an amicable divorce.

Contested divorces are all other divorces. Examples of contested divorces are:
-When he won’t agree to sign the papers
-When you can’t agree on child custody, support, or visitation
-When you can’t agree on distribution of assets or debts
-When you don’t agree on the grounds for divorce
A contested divorce takes longer, because there will be hearings or mediation in an attempt to help the couple sort out the problems and come to an agreement. It also tends to be more expensive, because you often need a lawyer to help you handle it properly. It’s almost never easy, because there’s at least one thing you don’t agree on.
A refusal to sign the papers, in a contested divorce, could mean that he won’t respond to your petition for divorce. This means that you could potentially get a default judgment against him.

What is a default judgment?

If your husband doesn’t respond to the petition for divorce, you can possibly get a default judgment against him. This means that your divorce is granted, without his consent, and without the court hearing his side of things.

What should I do to file the contested divorce?

A contested divorce is typically easier if you hire a lawyer to help guide you through the process. A lawyer can help you fill out the paperwork, serve your husband, and guide you through the next steps, whether he responds or chooses to ignore the petition.

The bottom line is that your husband cannot prevent the divorce by refusing to sign the papers. He can slow the process down, but you can still file and get the ball rolling. It may take longer, and cost a little more, but in the end, you can get the divorce with or without his signature or cooperation. Talk to a lawyer to get the process started.

Which spouse moves out of the home after a divorce is started?

If you and your spouse are in the process of getting a divorce, living together under the same roof probably is not an option. If you live in a state in which you are required to be legally separated for a certain amount of time before your divorce, you might even be required to maintain separate households for a certain length of time before your divorce is granted. Of course this is something that you will probably want to talk over with a lawyer, but you could be wondering, in general, about which spouse should move out of the home after a divorce is started. Of course, every situation is different, so it depends on a few different factors.

Consider the Kids

First of all, you have to think about the children who are involved. If one spouse is a stay-at-home parent and is the primary caregiver of the children, it might be in the best interest for the other spouse to move out. This can allow the children to have the most normal life possible, which is particularly important during a time that can be very difficult for children.

Consider Who Can Afford to Pay for the Home

Another thing to consider is who is able to afford to pay for the home. If one spouse does not make enough money to pay the household bills in order the keep the household afloat, considerations will have to be made. That spouse might be better off living in a different living arrangement that is more affordable for his or her situation. In some situations, lawyers can go to court and can fight to have the other spouse help with living expenses for a spouse who cannot afford the regular bills of the marital home. This can be a tricky situation to try to handle on your own, so it might be something that you will want to meet and talk to your lawyer about.

Consider Which Spouse Has the Most Options

Lastly, you might want to consider which spouse has the most options for alternative living arrangements during the divorce. If one spouse already spends a lot of time away from home due to traveling for work a lot or helping an elderly or disabled family member, it might make more sense for him or her to move out of the marital home. If one spouse has a more supportive family than the other spouse does, he or she might have more options for finding a place to live during this difficult time.

Ideally, you and your spouse will be able to work things out amicably in order to determine which spouse should go and which spouse should stay during the divorce. You might even find that you are able to live together without too many problems during the divorce proceedings. However, for many couples, things just don’t work this way. If you contact a lawyer, you can get good legal advice that is tailored for your situation.



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