Alternatives to Guardianship

September 24, 2011  |   Posted by :   |   Guardianship   |   0 Comments

If you would like to avoid going to court to assign guardianship, there are a couple other choices that can give you some authority to care for the child while the parents are unable to do so properly. Parents can sign a Power of Attorney for a Minor Child which will give you physical custody of the child, giving you permission to make choices about a child’s medical care and education. This agreement must be signed in front of a notary and it can be revoked at any time by the parents.

Another option would be for a relative to become the child’s caregiver and he/she will need to sign a Caregiver’s Authorization Affidavit which will give the relative the right to get medical care and decide on the child’s education. This form is only available for relatives of the child if the child is going to continue living in the State of California. This can be cancelled at any time by the parents.

Both of these forms are often not accepted by health insurance agencies, so if you’d like to register your child under your health insurance, you’d need to look into getting a court ordered guardianship. Though schools and medical services are supposed to accept the forms, there is often some opposition to do so and in the end, it might just be simpler to go to court to become the child’s official guardian.

Summary Dissolution: For Married Couples

September 20, 2011  |   Posted by :   |   Summary Dissolution   |   0 Comments

A summary dissolution is a quick and ‘easy’ way to get a divorce, this is NOT an alternative to a legal separation. You won’t need to see a judge or a lawyer but it is in your best interest to speak to a professional about ending your marriage. Most people get a divorce as a couple would need to qualify for a summary dissolution.

To qualify for a summary dissolution you must meet ALL of the following requirements:

-You were married for less than 5 years,
-You have no children together, are not expecting a child together, nor have you adopted a child before or during the marriage together,
-Neither of you own any land or buildings,
-Neither of you rent and land or buildings except for your current place of residence (without a1-year lease or option to buy),
-Neither of you have any depts acquired during your marriage of more than $6,000 (car loans do not count),
-You have less than $38,000 of property that was acquired during the marriage and you  have separate property worth less than $38,000,
-You have both agreed that neither spouses will be collecting any kind of spousal support,
-You must drawn up and sign a contract that divides all your property and debts
-You or your spouse must have lived in the State of California for more than 6 months and 3 months in the county you are filing your summary dissolution in.

Making Changes to a Child Support Order

September 18, 2011  |   Posted by :   |   Child Support   |   0 Comments

Occasionally, a parent may request a child support order to be changed because of sudden changes in their lives, such as:

-Changes in their own income
-Changes in the other parent’s income
-Changes in the amount of time a parent spends with the child

Be aware of the fact that the amount might be changes against your favour so think twice before requesting such a change. The judge will make the decision about the support amount based on several factors, some of which you might have have been aware of. For example, your child support payment might be raised because the other parent has recently lost their source of income or your child support might be lowered because the other parent who was paying the support has recently lost their job.

If you aren’t sure of what the results might be, before requesting a change in your child support payments, seek the advice of a professional before proceeding.

What is Child Support?

September 09, 2011  |   Posted by :   |   Child Support   |   0 Comments

When a couple gets divorced or separated and there are children involved, often the courts will make a child support order to help the primary caregiver support and care for the child. Child support is a court ordered monthly allowance that one parent must pay the other and the amount is determined by a judge a thorough examination of certain factors.

Child support payments are usually made until children turn 18 or if the child is still in high school and living at home, the support can go until the child is 19.

In the State of California, every county has a family law facilitator that is available to help you with things pertaining to your child support case, free of charge. For example, they will gladly help you prepare forms, explain complicated court procedures and get you in touch with the appropriate child support agency in your area.

If you need help with your child support, contact the child support attorney located in Orange County CA.

Grounds for Divorce in California

August 31, 2011  |   Posted by :   |   Divorce   |   0 Comments

In the State of California, you can give two different reasons for wanting a divorce; irreconcilable differences or incurable insanity.

-Irreconcilable differences means that you and your partner have grown apart and can no longer live together. This is most commonly used when filing for a divorce.
-Incurable insanity requires medical proof with the petition when it is filed.

To get a divorce, you and your spouse also needs to have been living in the State of California for at least 6 months and in the county you are filing in your divorce in for at least 3 months.

Divorce attorney in Orange County