Child Custody
Child custody and visitation can be some of the most contentious issues in a divorce. At Happ Law Group P.C., we educate our clients about the rights and options available under California custody laws. For example, a parent may be awarded legal and/or physical custody of his/her child. Sole legal custody means that only one parent makes decisions about the education, medical and welfare of the child. Joint legal custody means that both parents must be involved in such decisions. Primary physical custody is awarded to the parent with whom the child lives the majority of the time. Secondary physical custody with visitation rights is given to the other parent.
Understanding the Custody Litigation Process
In California, mediation is mandatory in all child custody/visitation cases. We help to prepare you for mediation to best represent your own interests and those of your children.
In highly litigated custody cases when the child is old enough to have his or her wishes in the matter taken into account, we will assist in allowing the child to be heard (usually through the assistance of a mediator who can voice the child's wishes to the court).
In some cases, the court will require expert assistance in making this determination. For example, a psychological evaluation (commonly referred to as a 730 evaluation) of the parties and child by a psychologist or other court-approved qualified expert can be ordered by the court to determine what custody/visitation order would be in the best interest of the child.
Additionally, if the family is dealing with drug use, alcohol abuse, mental illness, or domestic violence, these issues can be determining factors in child custody and visitation decisions, and, for the good of all family members, it is essential that they be accurately assessed.
We offer fair and effective representation designed to serve the best interests of children and to protect our clients. If you are concerned about your children's well-being because of a custody or visitation dispute, we invite you to contact our San Diego law firm today.
Child Support
Parents must financially support their children. That obligation usually lasts until the child reaches the age of majority or becomes self-supporting.
Your basic monthly child support amount will be determined according to the California Child Support Guideline formula, which the Court is obligated to calculate and order. In arriving at the amount of child support a parent must pay, the Court will consider several factors, including, but not limited to:
- Mother’s gross monthly income;
- Father’s gross monthly income;
- The number of children of the relationship;
- Amount of time the parent with visitation rights actually spends with the child(ren).
On the other hand, if parents are able to make an agreement as to the amount of support one parent is to pay the other parent, in most cases, the court will accept this agreement even if it is different from the guideline-based support calculation.
Parents can also request that the Court make a determination on the financial responsibility of each parent for other child-related expenses, such as:
- Day-care expenses;
- Medical insurance;
- Uninsured medical/dental expenses;
- Educational expenses, such as private school tuition;
- Travel costs, if the parents live in different cities;
- Other specific needs of a child
It is important that the support you pay or receive accurately reflects the needs and circumstances of your individual situation. If you need to establish a child support order or want to modify the current child support order, contact our office today.
Spousal Support/Alimony
Establishing a Spousal Support Order
An order for spousal support may provide a spouse with temporary financial assistance before your divorce is finalized. Spousal support may also be ordered to be paid to a spouse for a specific length of time after the marriage has been dissolved and, in some cases, an order for support may be permanent. Spousal support must be ordered by the Court, although parties may agree on an amount of support payable and request that the Court enter the agreement as an order.
Spousal support may be ordered by the Court only after consideration of all statutorily enumerated factors, including:
- The standard of living established during the marriage
- The needs of each party
- The contribution of each party to the education and training of the other party
- Financial resources and liabilities of each party, including separate property
- Each party's source(s) of income
- The impact of the custodial parent's employment on the needs of the minor children
- The length of the marriage
- The age and health of each spouse
- Each spouses' ability to be self supporting
- Tax consequences to each party
- The contribution of each party to domestic duties
- Domestic violence
Given the variations in the law and the numerous factors affecting the amount of spousal support payable from one party to the other, it is essential that you receive sound legal advice, whether you are the party paying support or the party receiving support. If litigation is in your best interest, we meticulously discover and document all relevant factors and aggressively advocate on your behalf to ensure that the Court's order of support is fair and just.
At Happ Law Group, we work diligently to negotiate, litigate, draft, and implement spousal support orders that meet the needs of our clients without sacrificing valuable rights. Whether your matter requires a simple amicable agreement or consideration of highly complicated financial assets, we offer considerable experience in achieving favorable spousal support terms for our clients.
Modification of a Spousal Support Order
Once ordered, the amount of spousal support payable and the duration of payment may only be modified upon a showing of a change in circumstances. For example, California law establishes the rebuttable presumption that if the spouse receiving support cohabitates with a person of the opposite sex that the spouse's need for support has decreased. This is one example of a change in circumstances.
The law also provides that unless otherwise agreed upon, an order for spousal support terminates upon the death of either party or remarriage of the party receiving support. However, if the parties specifically agree that an order for spousal support is not subject to modification or termination, the amount payable may never be modified regardless of changed circumstances.
