Family Law
Family attorney that knows your case

Throughout each step of the process, our primary focus is on safeguarding your rights and interests while providing compassionate and personalized legal support. We understand that family law matters can be emotionally challenging, and our team is here to help you navigate these difficulties and reach a resolution that best serves your needs and the needs of your family.

OUR SERVICES

Prenuptial & Postnuptial
Agreement

We can help you draft, review, and negotiate prenuptial and postnuptial agreements, ensuring that both parties' assets and interests are protected in the event of a divorce or separation.

Divorce proceeding

Our team is experienced in handling all aspects of divorce, from uncontested to highly contested cases, including property division, spousal support, and addressing any financial matters that may arise during the process.

Alimony & Child Support

We can guide you in determining fair and appropriate alimony and child support arrangements, whether through negotiation, mediation, or litigation.

Modifications

When life changes, your divorce decree may need changes too. We can help with divorce decree modifications, focusing on legal adjustments due to changes in income, custody, or living situations.

Child Custody

Our team is committed to helping you reach a favorable and amicable child custody agreement that prioritizes the best interests of the child(ren) involved. We can assist with creating parenting plans, determining visitation schedules, and addressing any modifications needed as circumstances change.

Domestice Violence

If you or your loved ones are facing domestic violence, we can help you obtain the necessary protective orders to ensure your safety and well-being. We also provide representation for individuals accused of domestic violence.

Surrogacy

Our team is experienced in addressing the legal complexities associated with surrogacy, including drafting and reviewing surrogacy contracts, addressing parental rights, and navigating any disputes that may arise.

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California Divorce
Overview

In California, to get a divorce, you begin with filing a case in court. The state is a no-fault divorce state, meaning you don't have to prove wrongdoing by your partner to get divorced. It's possible to finalize a divorce even if your spouse disagrees. This process applies to ending both marriages and domestic partnerships. If you're considering a legal separation, the steps you'll follow are similar to those for divorce, but you'll need a separate guide for seeking an annulment.

Can You Divorce In California?

To start a divorce in California, you or your spouse need to have lived in California for the last 6 months and in the county where you're filing for the last 3 months.

- Different rules apply for Legal Separation, Same-sex couples, or Domestic Partner

Legal Separation. You can apply for legal separation as soon as either of you moves to California. If later on, you decide you want a divorce instead, you can switch to a divorce case after one of you has lived in California (and in a specific county) for enough time.

Same-Sex Couples: If you're a same-sex couple who got married in California but now live in a place that doesn't recognize your marriage or allow divorces, you can still file for divorce in the county where you got married in California. The court can dissolve your marriage, but they might not be able to decide on things like who gets what, financial support, or matters concerning children.

Domestic Partnerships: If your domestic partnership is officially registered in California, you don't need to worry about how long you've lived in the state to end your partnership. However, if you both haven't lived in California long enough, the court can still dissolve the partnership but might not be able to sort out issues regarding your belongings, money matters, or children. If your domestic partnership isn't registered in California, then you need to meet the same living requirements as married couples do for divorce.

The Paperwork

File the appropriate forms with the court, and pay a fee. You generally will need:

1. Petition - Marriage/Domestic Partnership (form FL-100): This is the form where you'll provide basic details about your marriage or partnership and what you're asking the court to decide on, like splitting up property or arranging spousal support.

2. Summons (Family Law) (form FL-110): Filing this form notifies your spouse that you've begun a legal case against them, and they have 30 days to respond. The Summons also contains important rules that you must follow right after you file it, so make sure to read it carefully.

3. Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105): If you and your spouse have children under 18 together, there's an additional form you need to complete. This form is required for couples with minors. It provides the court with information about where your children were born, where they currently live, and whether there are any existing court cases involving them.

4. Local Forms. Check if there are any specific local forms required by your court. You can do this by reaching out to the court clerk's office, or visiting your court's website to inquire about any necessary local forms.

Urgent Matters

If there are urgent matters that can't wait until your divorce is finalized, such as deciding where your children will live, getting financial support from your spouse, or determining who stays in the family home and handles the bills, you might need to request a temporary order from the court. This means you'll have to fill out additional forms to ask the court to make a temporary decision on these issues.

Let Your Spouse or Partner Know

After you file your divorce or legal separation documents, you need to let your spouse (or domestic partner) know by properly delivering copies of these papers. This process is known as serving papers.

Serving papers involves having another adult, not yourself, give your spouse a copy of the documents you've filed with the court. This person is known as your server. After delivering the papers, your server must fill out a form and submit it to the court as evidence that the papers were handed over. This method is referred to as personal service.

However, there are cases where you might need to follow a different procedure, such as if you don't know your spouse's location or if your spouse is in another country.

If your spouse agrees to sign a form confirming they've received the divorce papers, you can serve the papers by mail. This method is known as service by Notice and Acknowledgement of Receipt. For a spouse living out of state, you have the option to send the papers via certified mail, ensuring you get a return receipt. Remember, you're not allowed to mail the papers yourself in either scenario.

Share Your Financial Information

Telling your spouse (or domestic partner) about your financial situation is something you have to do if you're getting a divorce or legally separating. This process is known as giving a "financial disclosure."

You don't need to give these financial papers to the court. You just need to share them with your spouse. After that, you'll fill out a special form and submit it to the court. This form tells the judge that you've followed the rules and shared your financial info.

You'll need to complete forms that detail everything about your finances - what you own (like property and savings), what you owe (such as loans or credit card debt), what you earn (your income), and what you spend (your monthly expenses). You'll then share these forms, along with copies of important financial documents, with your spouse. This step is part of making sure everything is out in the open financially during the divorce process.

Using the financial information you've shared, you and your spouse can fairly divide your property and debts, and make informed decisions about child and spousal support. Being honest and open about your finances can help you reach an agreement more smoothly. If you try to hide assets or lie about your finances, you could end up losing property or being ordered by the court to pay for the other person's legal fees. It's in everyone's best interest to be transparent and truthful during this process.

Petitioner

If you're the one who started the divorce process (known as the petitioner), you need to provide your spouse with complete and up-to-date information about your finances.

Respondent

On the other hand, if you're responding to the divorce (you're the respondent), you must share your financial information if you've filed a Response to the divorce petition. Even if you haven't filed a Response but still want the court to approve an agreement between you and your spouse (this is called a "default with agreement"), you're also required to share your financial information.

The first time you share your financial information with your spouse during the divorce process is called making your "preliminary disclosures." There's a specific deadline for these disclosures:

If you're the one who started the divorce (the petitioner), you need to complete your preliminary disclosures within 60 days after you file your Petition for divorce.
If you're responding to the divorce (the respondent), you have to make your preliminary disclosures within 60 days after you file your Response.

Meeting these deadlines is important to keep the divorce process moving smoothly and to comply with legal requirements.

Later in your divorce case, you'll have two options regarding sharing your financial information again:

1. Share Information a Second Time: This is known as a "final declaration of disclosure." It's a follow-up to the preliminary disclosures, providing updated financial information to ensure everything is current.

2. Agree to Waive Final Disclosures: If both you and your spouse believe that you've kept each other informed about your financial situations and don't see the need for another round of disclosures, you can choose to waive these final disclosures. To do this, both of you must sign an agreement.

To officially waive the final disclosures, you and your spouse need to sign and file a specific form called the "Stipulation and Waiver of Final Declaration of Disclosure," which is form FL-144, with the court. This step confirms that both of you agree to skip the final declaration of disclosure because you're both up-to-date on each other's financial information.

Finalized Your Divorce

To complete your divorce or legal separation process, you'll need to submit a collection of final forms to the court. This includes any court orders or agreements you've reached during the process. The court will carefully review these documents to ensure that all necessary information is provided and there are no errors.

Once the court confirms that everything is in order and there are no mistakes, the judge will sign off on the final judgment. If your case involves a divorce, this judgment will specifically mention the date your marriage or domestic partnership officially ends, marking the legal conclusion of your relationship. This final step is crucial in legally finalizing the separation between you and your spouse or domestic partner.

The specific steps you'll need to follow and the forms you'll need to fill out to finalize your divorce or legal separation can vary based on a few key factors:

1. If There's a Default: This situation occurs if one spouse does not respond to the divorce petition. In a default case, the petitioner may not need to go to court but will have to submit additional paperwork to prove the default and request a default judgment from the court.

2. If You Have a Written Agreement: If you and your spouse have come to a mutual agreement on the terms of your divorce or separation, including the division of property, spousal support, child custody, and child support, this agreement must be put in writing. Both parties will sign this agreement, and it will be submitted to the court for approval. Specific forms must accompany this agreement to ensure it meets legal standards and fully documents the terms of your agreement.

3. If Your Final Orders Address Child Custody or Child Support: When children are involved, additional forms related to child custody and support are necessary. These forms detail the custody arrangement, visitation schedules, and how much child support will be paid, including how it will be calculated. The court will review these agreements to ensure they are in the best interests of the children.

Spousal Support

Spousal support, also known as alimony, is money that a court orders one partner to pay to the other after a separation or divorce. It's meant to help the receiving partner take care of their living expenses. In California, this kind of financial help is called spousal support when it involves a married couple and domestic partner support when it involves partners who aren't married but are in a domestic partnership.

A judge has the power to decide on giving spousal support in cases of divorce, legal separation, or when there's a case involving domestic violence restraining orders. This means the judge can order one person to pay money to their partner or former partner to help them with their expenses.

There are two main types of spousal support:

1. Temporary Spousal Support: This is financial help given to a spouse while the legal case (like divorce or separation) is still going on. You can request this type of support right after you start your case. It's meant to cover needs during the legal process.

When deciding on spousal support, judges focus on two main things: the financial needs of the spouse who earns less and the ability of the other spouse, who earns more, to pay. This means the judge will examine how much money the lower-earning spouse needs to cover their living expenses and whether the higher-earning spouse has enough income to help meet those needs. This approach ensures that the support order is fair, considering what one person needs and what the other can afford to give.

2. Long-term Spousal Support: This type of support is decided at the end of the case, for example, when the final judgment is made. Sometimes it's called permanent support, but it doesn't always mean it will last forever. It's meant to provide financial assistance after the case is closed.

In many cases, marriages or domestic partnerships end without the need for one partner to pay spousal support to the other. However, long-term support tends to be more common in situations where:

The marriage or partnership lasted a long time.
There's a big difference in earnings between the two individuals.

When it comes to deciding on spousal support, a judge has a few options:

Set an Amount: The judge can decide on a specific amount of money that one spouse must pay to the other as support.
Reserve Spousal Support: In this case, the judge decides not to order spousal support right away but leaves the option open for the future. This means the support is $0 for now but could be set to a different amount later on.
End the Possibility of Support: The judge can also decide to terminate the court's ability to award spousal support in the future, meaning no support can be ordered later.

Couples have the option to agree on the type of spousal support order themselves. If they can't come to an agreement, they can ask a judge to make the decision for them.

But, How Much? And For How Long?

When it comes to spousal support, the length of your marriage plays a crucial role in determining how long the support will last. Generally, the idea is to give the supported spouse enough time to become financially independent. Here's how it typically works:

For marriages under 10 years, spousal support is often set to last for half the duration of the marriage.
For marriages over 10 years, there's no fixed rule on the duration of support. For these longer marriages, support could continue indefinitely, depending on the needs of the receiving spouse and the ability of the other spouse to pay.

Spousal support can end under certain conditions, such as when both parties agree on an end date that the court approves, the court decides to end it, the receiving spouse gets remarried, or if either spouse passes away.

The amount and duration of support don't follow a simple formula. Judges look at a variety of factors to make their decisions, including:

The length of the marriage
Each person's age and health
Their incomes and earning capacities, considering skills, education, job market, and the potential need for retraining
The standard of living during the marriage, including the type of home, cars, vacations, and credit card usage
Each person's assets and debts
Contributions by one spouse to the other's education, training, or career advancement
The need for support and the other's ability to pay, aiming to maintain the marital standard of living
The effects of taxes on spousal support
Any history of abuse
If children are involved, how childcare affected careers and how working might impact the children now

These factors, known as the Family Code 4320 factors, help the judge assess what's fair in terms of both the amount and duration of support. If you're going through a divorce or separation, understanding these factors can help you know what to expect and prepare for discussions, whether you're negotiating directly or presenting your case to a judge.

Child Custody & Parenting Time

When parents separate, they need to create a parenting plan for their child or children. This plan outlines how they will share responsibilities, including who the child will live with, visitation schedules, and how decisions about the child's upbringing will be made. Ideally, parents can agree on a plan themselves, focusing on the best interests of their child.

If parents can't agree, they may need to turn to the court for help. The court will then decide on the parenting plan based on what it believes is in the best interest of the child. This can include considerations like the child's safety, the child's relationship with each parent, the parents' ability to provide for the child's needs, and any history of family violence or substance abuse.

The goal is to ensure that the child has a stable, loving environment even though the parents are no longer together. Whether through mutual agreement or court intervention, the parenting plan should prioritize the child's physical and emotional well-being.

Child Custody

Child custody involves determining the rights and responsibilities parents have regarding their children's care and upbringing after a separation or divorce. It's divided into two main types

1. Legal Custody: This pertains to the authority to make significant decisions about the children's lives, including aspects like healthcare, education, and overall welfare. Parents can either share this responsibility or it can be granted to just one parent.

Joint Legal Custody: Both parents share the rights and responsibilities for making these important decisions. This requires them to communicate and collaborate on issues affecting their children.

Sole Legal Custody: Only one parent has the authority to make significant decisions about the children's lives. This is usually granted when the other parent is deemed unfit or when joint decision-making is not in the best interest of the children due to high conflict or other issues.

2. Physical Custody: This determines with whom the children will live most of the time. Like legal custody, physical custody can also be shared or awarded solely.

Sole Physical Custody: The children live primarily with one parent, while the other may have visitation rights. This arrangement is sometimes chosen for stability, especially if one parent's circumstances make them a more suitable primary caregiver.

Joint Physical Custody: The children split their time between both parents' homes. This arrangement requires careful planning and coordination to ensure the children's needs are met and that they maintain stable relationships with both parents.

Courts decide custody based on what's in the best interest of the child, considering factors like the child's age, the parents' living situations, the child's relationship with each parent, and any history of abuse or neglect. The goal is always to support the health, welfare, and happiness of the children involved.

Parenting Time

Parenting time, also known as visitation, determines how parents who do not live together spend time with their children. The court can issue different types of parenting time orders based on what's best for the child's safety and well-being. Here are the four main types:

1. With a Schedule: This approach establishes a specific schedule for when the children will spend time with each parent. It includes regular days and times, and often accounts for holidays, special occasions like birthdays and Mother's or Father's Day, and vacations. A scheduled plan provides predictability and stability for both parents and children.

2. Reasonable: These orders are more open-ended and allow parents to figure out the visitation schedule between themselves. This type of arrangement works best if parents have a cooperative relationship, can communicate effectively, and are flexible with each other. However, without a set schedule, disagreements can arise, leading to potential conflicts.

3. Supervised: Supervised visitation is necessary when there are concerns about the children's safety and well-being during visits with the non-custodial parent. Supervision can be carried out by the other parent, another adult, or a professional agency. This arrangement might be used in situations where a parent and child are re-establishing a relationship after a long absence, or if there are safety concerns that need to be addressed.

4. No Visitation: In extreme cases, where spending time with a parent would be physically or emotionally detrimental to the child, the court may order no visitation rights. This decision is made to protect the child's health and emotional development.

Each type of parenting time order aims to support the best interests of the child, taking into account the unique circumstances of the family, the relationship between the child and each parent, and any factors that could impact the child's safety and well-being.

Best Interest of the Child

When parents can't agree on a parenting plan, and the decision falls to a judge, the judge's primary concern is determining what arrangement will best serve the child's interests. To make this decision, the judge considers several key factors:

1. The Age and Health of the Child: Younger children may have different needs than older children, and any special health considerations are taken into account to ensure the child's well-being is maintained.

2. The Emotional Ties Between the Parents and the Child: The strength and nature of the child's relationship with each parent are crucial. The judge looks at how these relationships support the child's emotional and psychological development.

3. The Child's Ties to Their School, Home, and Community: Stability is important for children. Maintaining continuity in their education, social life, and community activities can impact their sense of security and overall development.

4. The Ability of Each Parent to Care for the Child: This includes both physical care and the emotional support the parent can provide. The judge evaluates each parent's capacity to meet the child's needs, including providing for their basic necessities and fostering their development.

5. Any History of Family Violence: The safety of the child is paramount. Any history of violence within the family is a critical concern, as it can affect the child's physical and emotional well-being.

6. Any Regular and Ongoing Substance Abuse by Either Parent: Substance abuse can impact a parent's ability to care for their child. The judge considers any issues of substance abuse seriously, as they can affect the safety and stability of the child's environment.

Based on these factors, and possibly others, the judge makes a decision with the child's best interests at heart. The goal is to ensure that the parenting plan supports the child's health, safety, education, and overall welfare, even when the parents are no longer together.

Domestic Violence Restraining Order

Restraining orders are legal documents issued by a court to protect individuals from harm or harassment. Among the various types of restraining orders, a domestic violence restraining order specifically addresses issues of abuse within intimate relationships, families, or households. Here’s a closer look at this type of restraining order:

1. Who It's For: A domestic violence restraining order is designed for individuals who have been abused or fear abuse from someone they have a close personal relationship with. This includes current or former spouses, domestic partners, someone you have dated or been intimately involved with, as well as relatives such as children, parents, siblings, grandparents, and in-laws.

2. What It Protects Against: The order can be issued to protect against a wide range of abusive behaviors, not just physical violence. Abuse under this category can be emotional, psychological, or financial, including:

Physical abuse: Hitting, attacking, or other forms of physical harm.
Emotional or psychological abuse: Actions that cause fear, diminish self-worth, or manipulate and control the victim's feelings and behaviors.
Economic abuse: Controlling or limiting access to financial resources, such as money or other assets, to keep the victim dependent.
Isolation: Cutting off or limiting social interactions, including preventing contact with friends or family.
Online abuse: Harassment or bullying that occurs through digital means, such as social media, email, or messaging platforms.
How It Helps: The restraining order can include various provisions to protect the victim, such as ordering the abuser to stay away from the victim and their children, vacate a shared home, and cease contact attempts. It may also address issues like child custody, visitation rights, and financial support to ensure the safety and well-being of the victim and any children involved.

To obtain a domestic violence restraining order, the individual seeking protection must file a request with the court, detailing the abuse and why the restraining order is necessary. The court then evaluates the evidence and circumstances to decide whether to grant the order. This legal measure is a crucial tool for victims of domestic violence, offering a means to seek safety and prevent further abuse.

What Else Can The Restraining Order Do?

A restraining order, especially in cases of domestic violence, is a powerful tool issued by a court to protect individuals from abuse or harassment. Once granted by a judge, a restraining order can enforce several protective measures, and the police can be called to ensure these orders are followed. Here are the types of protections a domestic violence restraining order can include:

1. No Contact: The abuser is ordered not to call, text, email, message, or communicate in any way with the protected person(s).

2. No Harassment: The abuser is prohibited from harassing, stalking, threatening, or harming the people protected by the order.

3. Stay Away: The abuser must keep a certain distance away from the protected person(s), their home, workplace, school, or other places frequently visited.

4. Move Out: If sharing a home with the protected person, the abuser can be ordered to move out.

5. No Guns: The abuser may be prohibited from owning, possessing, buying, or receiving firearms, ammunition, and other specified weapons.

6. Financial Support: The order can require the abuser to pay spousal support (if married) or child support if the couple has children together.

7. Child Custody and Visitation: The judge can make temporary orders regarding who the children will live with and what visitation rights the other parent will have.

A domestic violence restraining order can be tailored to address specific safety concerns and needs of the victim, offering a range of protections beyond these basic provisions. It's designed to offer immediate and comprehensive protection to those at risk, helping to secure their safety, well-being, and peace of mind.

What if Someone Requested a Restraining Order Against Me?

If you've been served with court papers indicating that someone has requested a restraining order against you, it's crucial to handle the situation with care and attention. Here's what you need to know:

1. Understanding the Forms:

DV-110: This form means a judge has already issued a temporary restraining order against you. This order is in effect immediately, and you must comply with all the directives it contains. Violating any part of this order can lead to arrest and criminal charges.

DV-109: This form notifies you of your court date. It's essential to attend this hearing, especially if you contest the restraining order. This is your opportunity to present your side of the story.

2. Comply With the Temporary Restraining Order: Regardless of how you feel about the order or the accusations against you, it's legally binding. Following the order to the letter is critical to avoid further legal complications.

Prepare for Your Court Date:
- Gather Evidence: Collect any evidence that supports your case or counters the claims made against you. This could include messages, emails, witness statements, or any other relevant documentation.
- Consider Legal Representation: You may want to hire a lawyer who specializes in restraining orders or family law. A lawyer can provide advice, help you prepare your case, and represent you in court.
- Plan Your Testimony: Think about what you want to say in court. Be clear, concise, and stick to the facts that are relevant to the case.

3. Attend the Court Hearing:

Be on time and dress appropriately for court.
Listen carefully and follow all court procedures.
Speak respectfully to the judge and all court staff.
Present your evidence and testimony when it's your turn.

During the hearing, the judge will listen to both sides before deciding whether to issue a permanent restraining order, which can last up to five years. The decision will be based on the evidence presented and what the judge believes is necessary to ensure the safety and well-being of the person requesting the order.

In the state of California, both prenuptial and postnuptial agreements are recognized and enforceable legal documents that can significantly impact the financial and personal aspects of your marriage. Given California's status as a community property state, these agreements offer a way to predetermine how assets and debts will be handled during the marriage and in the event of a divorce.

California's community property laws mean that, in the absence of an agreement, assets acquired during the marriage are considered jointly owned and are typically divided equally in a divorce. A prenuptial or postnuptial agreement allows couples to create their own rules for property division, which can significantly diverge from standard community property division.

Whether considering a prenuptial or postnuptial agreement, it’s crucial to understand these documents' legal nuances and implications. With the right preparation and legal guidance, these agreements can provide certainty and protection, allowing you to focus on building a future together.

Prenuptial Agreements

A prenuptial agreement, commonly known as a "prenup," is a legal document that a couple signs before getting married. This agreement outlines the ownership of personal and financial assets in the event of a divorce or separation. In California, a prenup can dictate the division of property, responsibilities for debt, and spousal support, among other financial matters. It serves to protect individual assets, support estate planning, and reduce conflicts should the marriage end.

Postnuptial Agreements

Similar to a prenup, a postnuptial agreement ("postnup") is entered into after a couple gets married. A postnup can redefine financial rights and responsibilities during the marriage or in the event of a divorce, including the division of assets, debt responsibilities, and spousal support. Couples may opt for a postnup to address changes in financial situations, inheritances, or simply to bring peace of mind during the marriage.

Child Support

Child support is the money that a court orders one parent to pay the other parent every month. This money is meant to help cover the living expenses of the children, like food, housing, and clothes.

Under the law, both parents are required to financially support their children. This means that parents need to work out how to split the costs of things like food, housing, and clothes for their children. Sometimes, parents can figure this out on their own without going to court. But if they can't agree, one of them can ask the court to step in and make a decision, which is where child support comes in.

Child support is basically a set amount of money that the court orders one parent to pay the other every month to help cover the children's needs. This money usually goes to the parent who takes care of the children most of the time. However, the exact amount can vary, especially if one parent makes a lot more money than the other.

The child support order will outline how both parents will share the costs of raising their children. It might even include instructions for an employer to take the child support money directly out of the paying parent's paycheck.

Generally, the obligation to pay child support ends when the child turns 18 and finishes high school. If the child is still in high school full time and can't support themselves, then the responsibility ends either when they graduate or turn 19, whichever comes first. The obligation also stops if the child gets married, enters a domestic partnership, joins the military, becomes emancipated, or passes away.

However, there are situations where the duty to pay child support continues beyond the age of 18 or 19. For instance, if the child has a disability that prevents them from supporting themselves, or if both parents agree that support should continue for another reason.

How Do We Calculate Child Support

When calculating child support, courts in California follow a specific formula known as the "guideline." This guideline takes into account various factors to determine the amount of child support that should be paid, ensuring that it's fair and meets the children's needs. Here's a breakdown of the main factors considered:

1. Parental Income: The court looks at how much money each parent earns. This includes wages, salaries, bonuses, and possibly other sources of income like dividends or rental income.

2. Tax Filing Status: How each parent files their taxes (single, head of household, married filing jointly, etc.) can affect the calculation. Tax filing status influences the amount of disposable income a parent is considered to have available.

3. Time Spent with the Children: The amount of time each parent spends with the children plays a significant role. Generally, if a parent spends more time with the children, they might receive more child support to cover the costs of day-to-day ca

4. Other Factors: The guideline also considers additional factors, such as:

Health insurance expenses: Who pays for the children's health insurance and how much it costs.
Mandatory retirement contributions and union dues: If a parent has mandatory expenses like retirement contributions or union dues, these can be factored in.
Childcare costs: The cost of childcare needed for a parent to work can also be included.
Support of children from other relationships: If a parent is already supporting children from another relationship, this can affect the calculation.

The court uses all this information to come up with a child support amount that reflects both the needs of the children and what each parent can afford. The goal is to ensure that the children's standard of living is maintained as much as possible after the parents' separation or divorce.

Modifications

If things have changed significantly since your support order (child or spousal) or child custody and visitation was set, you may be able to change it. This is called modification. Either parent can request a review of their order to see if an update or change is needed. To qualify, there must have been a big change in circumstances since the court made the original order.

If both parents agree on the changes, you can put your agreement in writing and submit it to the court. The judge can then officially approve it and make it a new court order. If you can't reach an agreement, you can request the court to modify the order. This involves getting a court date, where a judge will review your case and decide if the order should be changed.

Request For Order

After filing the necessary paperwork to begin a family law case, such as divorce or establishing parentage, you have the option to request a court hearing. This step, known as requesting an order, allows a judge to make rulings on various aspects of your case. You can seek orders on issues like child or spousal support and child custody and visitation arrangements.

There are several common grounds for a modification of child support or custody.

1. Income Change: If either or both parents experience a significant increase or decrease in income, it can be grounds for modifying child support payments to better reflect the current financial situation.

2. Job Loss: If a parent loses their job, this change in financial status can necessitate a revision of child support obligations to account for the loss of income.

3. Incarceration: A parent becoming incarcerated can dramatically affect their ability to pay child support and may also impact custody arrangements, warranting a review and possible modification of existing orders.

4. Changes in the Child's Needs: If the needs of the child or children have changed significantly—such as due to health issues, educational requirements, or other factors—this can be a basis for adjusting child support or custody arrangements.

5. Safety Concerns: Allegations of abuse, neglect, or any conditions that potentially compromise the child's safety in a parent's household can lead to modifications in custody orders to protect the well-being of the child.

Family Law - Learn More

Additional Resources

Petition—Marriage/Domestic Partnership (Family Law) (FL-100)

Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105)

Summons (FL-110)

Proof of Service of Summons (Family Law-Uniform Parentage-Custody and Support) (FL-115)

Response—Marriage/Domestic Partnership (Family Law) (FL-120)

Check Here to Find Your Court

Stipulation and Waiver of Final Declaration of Disclosure (FL-144)

Income and Expense Declaration (FL-150)

Schedule of Assets and Debts (FL-142)

Please consult with a lawyer about your specific situation. The content on this website is for informational purposes only and should not be considered legal advice.

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Our website has lots of info, but it's not the same as legal advice. For that, it's best to talk to a lawyer. Feel free to reach out to us - we're here to help!

Family Law
Family attorney that knows your case

Prenuptial & Postnuptial
Agreement

California Divorce
Overview