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Posts tagged "Family Law"

Your rights to alimony when divorcing in California

If you are thinking about filing for a divorce in California, one of the primary considerations that you should make is whether you will be entitled to spousal support, otherwise known as alimony. Alimony is usually ordered by the divorce courts when it is clear that one spouse will be unable to maintain a similar quality of life after going through the divorce. It is ordered as a way to try to prevent any undue financial hardship in the aftermath of a divorce.

How can I appeal my divorce judgment?

If you are unhappy with the court's decision on your divorce, you'll probably want to do everything in your power to change it. Unfortunately, the things you can do to change the judgment of the courts are limited. To be successful, you will need to show that the court made a significant error in your case.

The government can aid in some child support cases

There is a common perception among many California residents that child support is a matter to be handled between the two parties. Certainly, the court ultimately determines the final order regarding the award of custody and support, but if the parent ordered to pay fails to do so, it is up to the custodial parent to enforce the support. If that individual is without sufficient resources to pay for legal representation, many people think there is not much that can be done. However, that is not necessarily true.

Child support may rely on DNA paternity testing

In California, DNA paternity testing is often used to determine if an alleged father is a biological parent. A man is called an alleged father when his unmarried partner is pregnant or gives birth to a child. Since the man is an alleged father rather than a biological parent, his name does not need to appear on the baby's birth certificate. However, a positive DNA paternity test grants him legal rights as the child's biological father.

Divorce more likely if traditional gender roles change

Some California couples start married life in traditional roles commonly associated with their respective genders. Over time, however, circumstances might change. While growth in a marriage is generally a good thing, a shift in roles may increase the odds of divorce for couples that didn't start with a gender-equal marriage. This is the main takeaway from a Swedish study addressing this topic.

Divorce and student loan debt

California couples who get a divorce likely find that the process can very stressful, especially where it pertains to how all of the assets and debts are divided. In situations in which there is student loan debt, both parties may be very concerned about how the debt will be split.

Understanding child support obligations

Whether parents are divorcing or simply no longer sharing a life, support payments can be an important contribution to the child's well-being. Many California parents may not fully understand the purpose of child support, especially when both the mother and father are either struggling or well-off. Support payments go from one ex to the other to help cover the children's expenses, and they are generally directed from the noncustodial parent to the custodial parent. However, the latter may vary depending on the specific circumstances of child custody and the parents' financial situations.

DNA testing in child support and custody cases

DNA testing has become more common in California. While it's often the linchpin in criminal cases, DNA testing can also help people learn more about their families and ancestry. One of the most important uses of DNA testing in public life is to obtain clear answers about paternity in child custody and child support cases.

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