For single or divorced parents, child support can be critical to their financial independence. However, there are many issues to consider when paying or receiving support. For instance, a father may not be required to financially support a child until paternity is established. After that has been done, both parents are required by California law to support the child.
For couples going through a divorce, dividing the marital property is one of the most difficult things that they will have to do. Under California law, each spouse is entitled to half of the assets they accumulated during the marriage.
Although a California judge might find child abuse allegations to be quite serious during a custody hearing, this issue can have unexpected results in the context of a messy divorce. Contentious behavior on the part of one or both spouses may be common in proceedings that are handled through litigation, but when allegations bring child abuse into consideration, the accusing parent could see this action backfiring.
At our firm, we have a lot of people who come to us looking for assistance with their divorce. While the great majority of these cases are resolved prior to trial, there are instances where it is necessary to head inside the courtroom.
There is a perception that the legal system seems to be slanted towards mothers when dealing with child custody issues. Divorced fathers often face an uphill battle when it comes to seeing their children or making choices related to their upbringing. Many court systems feel that it is important that children stay with their mother, and fathers are often painted as deadbeats or abusive to ensure that the mother is granted custody.
People in California may be surprised to learn that a man is facing having to pay child support for a 1-year-old child he did not father by a spouse he has not seen since 1999. The man, who lives in Iowa, received a letter and immediately phoned the Child Support Recovery Unit to explain the mistake. However, since he never divorced his wife, he is responsible for the child support. Under state law, a woman's husband is considered the father of any children she may have.