From The blog

“Do Juvenile Court Orders Override Family Law Orders?” Yes, they do. In fact, there is a hierarchy of jurisdiction regarding orders about children. If there is a juvenile court order and a currently open juvenile case for dependency, the juvenile court has jurisdiction and authority over the orders---family or guardianship (probate) orders will be overridden and superceded by the juvenile court...

“Can Child Support Services Suspend My Driver’s License?” People fall behind in child support for a variety of reasons, and any past due support is considered arrears, which accrues interest at 10% per year. If the Department of Child Support Services is collecting the support, they have quite a few options to collect the arrears. They may: *Garnish your wages for more than your monthly support...

“Does Holiday Visitation Replace The Normal Visitation Schedule?” A common problem with visitation orders is interpreting the holiday visitation schedules. Sometimes the questions are simple, such as “during holiday visitation, do I still get my weekend visitation,” and sometimes they are more complicated, such as “if the holiday visitation ends partway through a weekend visitation, who gets the...

“Can A Court Order Payment of Child Support For A Child Who Is Over 18, But Is Disabled?” In California, the answer is yes. Family Code Section 3910 provides that both parents are equally responsible for supporting a child who is disabled and cannot afford to provide of him or herself. In practicality this can present some problems. Is the child disabled enough to not be able to support...

“Can I Change My Child’s Name If My Ex Objects?” There are several times when the name of a child can be an issue after separation. These are usually cases here the parents were not married and the child has either the father or the mother’s last name only, although there are other unusual circumstances that may come up where a name change is appropriate. The bottom line on this issue is that...

“My Ex Refuses to Work: Can The Judge Make Him/Her Pay Support?” Nothing can be more frustrating to work than a former partner who is able to work, but will not do so because it will reduce their spousal or child support, or force them to pay support. What can a judge do with a person like that? Well, first there are some requirements. That must be shown to be able to work and make money. This...

“My Ex And I Disagree About What School For Our Child To Attend: What Now?” When parents live in different school districts, or even when they live in the same district by disagree about either public of private school, conflicts can arise. In a perfect world, both parents would discuss the issue, weigh the pros and cons, perhaps even have a discussion of the child, and make a joint decision. In...

“I am the primary custodial parent. Can I move out of state with my child?” The answer to this question depends, in part, on where you are in the process of either a divorce or parentage case. If you are during the litigation phase BEFORE trial, the answer is that you need the permission of the judge to move out of the jurisdiction of the court. This can include in-state moves as well, if they...

“What are ‘Gillmore’ Rights?” Gillmore rights are the rights to retirement proceeds by a party with an interest in a retirement plan that has not been segregated (such as a pension plan divided by the time rule) where the party who is the holder of the plan could retire, but does not. So simply put: they are rights that are triggered when someone refuses to retire, even though eligible, thus...

“What Happens In A Divorce When One Party Is Awarded The House But Doesn’t Pay The Mortgage?” There can be a lot of reasons why a community property house may not be sold as a part of a divorce, including: 1. One party wishes to keep the house, and the other party agrees. 2. The minor children live in the house. 3. The house does not have enough value to be worth a sale. 4. The parties may not...