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Navigating the Finer Points: When Does Child Support End in California?

February 8, 2024 / / 0 Comments

If you’re a parent making child support payments, you’re likely wondering, “When does this financial responsibility come to an end?” According to California law, a parent’s duty to support their child continues until the child turns 18. It’s crucial, however, to be aware of significant exceptions. In this month’s blog, we’ll explore key scenarios where child support may end in California and how to end it.

The Child Gets Married

If the child gets married before turning 18, this event can lead to the termination of child support obligations. Marriage is considered a legal emancipation, indicating that the child is now assuming adult responsibilities independently. However, both married and unmarried parents should seek legal advice to formally address the conclusion of child support.

Related: Learn more about the rights and responsibilities of unmarried parents in California here.

Emancipation through Self-Support

An instance that might result in an early conclusion of child support, it’s if the child achieves self-sufficiency. Self-supporting, in this context, signifies the child attaining financial independence and no longer depending on parental financial aid.

For the court to acknowledge the child’s self-supporting status, the paying parent needs to furnish substantial evidence. It could be tax returns, bank statements, or showing that the child is independent for financial aid.

The Court Ends the Support or Custody Order

In some cases, the court may intervene to end child support or custody orders. This could be due to a change in circumstances, the child’s request, or other legal considerations. Parents must stay well-informed about any court decisions that might affect their child support obligations, especially when the child expresses a preference for a particular custody arrangement.

How Do I End Child Support?

Typically, to terminate child support, you must file a formal request in court known as a motion. You have to show the court or LCSA (local child support agency) that your child is self-supporting and is no longer reliant on parental assistance. Another important point is if you were the supporting parent but now have custody, file a motion to stop or seek support. Failing to modify the court order may let the other parent enforce it, even if your circumstances have changed.

Consult With Family Law Richard E. Young & Associates

We at Family Law Richard E. Young & Associates can help you understand your child support obligations or modify them. We will guide you in the termination process of your court order. Contact our office at (949) 951-9529 to ensure you are prepared for this legal transition. Let us assist you during these crucial moments.

Types of Child Custody You Need To Know

November 7, 2022 / / 0 Comments

Divorce is a very sensitive matter, and when children are involved in a divorce, there may be an impact on their emotional and mental health. Therefore, it becomes important for both parents to deal with this matter with the utmost care and consciousness. So, if you’re a divorcing couple and wish to learn more about the process of child custody, continue reading.

Types of Child Custody

There are two different types of custody. The following are:

1. Physical custody

a. Joint

b. Sole

2. Legal custody

a. Joint

b. Sole legal

Let’s learn about both custodies in detail.

  1. Physical custody

Physical custody helps in determining what percentage of time the child lives with each parent.

Factors The Court May Consider When Awarding Physical Custody

  • Which child is going to school?
  • Where is the child currently living?
  • Which parent is more attentive to the child’s physical, emotional, educational, and special needs?
  • Which parent has spent more time with the child?

2. Legal custody

Legal custody gives more rights to one parent to make major decisions about their child’s:

  • Education
  • Health
  • Religious Upbringing
  • Doctor, Dentist, Orthodontist, or Other Healthcare Professionals (except in emergency situations)
  • Sports, Summer Camps
  • Travel and Vacation
  • Extracurricular Activities
  • Residence

In addition, in legal custody, either parent can decide alone; both parents do not have to agree on every decision about these aspects of their children’s lives. But to avoid ending up back in court and having more conflicts, it is suggested that both parents should communicate with each other and cooperate in making decisions together for the wellbeing of their children.

The Bottom Line

For a comprehensive overview of the child custody and visitation process, contact the team at Family Law Richard E. Young & Associates. We are well-versed in California laws and will work directly with you to reach your desired results. Contact our firm today at (949) 951-9529 or visit our website for further information.

Types of Bankruptcy in California

May 7, 2021 / / 0 Comments

Many families, business, and individuals file for bankruptcy every year for a wide array of reasons. In California there are four common types of bankruptcy cases that ultimately work to help people and corporations repay their debts in a more feasible way. Below we review these four types of cases, who they apply to, and where you can go for legal support in California for bankruptcy.

Chapter 7

In order to qualify for chapter seven bankruptcy in California your income must be below a predetermined amount and you must allow the court to sell your assets to pay off your debts. This means any assets you possess minus certain exemptions will be sold, granting debtors what some call a ‘fresh start.’ Keep in mind you can only file for chapter seven bankruptcy once every six years.

Chapter 11

Chapter eleven bankruptcy is typically for businesses and corporations in debt, but is sometimes available to individuals as well. This option allows debtors to reorganize or restructure their debt so they can keep their assets while slowly paying it down over time. Not only is chapter eleven bankruptcy the most flexible, but it also does not have limits on the amount of debt one can be in.

Chapter 12

According to the U.S. court system, chapter twelve bankruptcy is specifically designed for ‘family farmers or family fishermen.’ It’s a simplified version of chapter eleven bankruptcy that allows these farmers and fishermen to carry out repayment plans to their creditors over three to five years, without surrendering any assets.

Chapter 13

Chapter thirteen bankruptcy is similar to both chapter eleven and twelve, but is designed specifically for individuals making a typical income. Debtors who qualify for chapter thirteen bankruptcy will have to repay their debts over three to five years while being allowed to keep their property.

Final Thoughts

Year after year, millions of people file for chapter seven bankruptcy, frequently those going through a divorce. Often, a discharge of consumer and tax debt through bankruptcy can be the key to unlocking your financial hardship. Contact our firm in Orange County, CA today for legal support with family law, trusts, bankruptcy and more.

The 5 Types of Restraining Orders in California

March 12, 2018 / / 0 Comments

Everyone should be afforded the most basic right of safety in their day to day routine. Unfortunately, strenuous relationships with personal or professional acquaintances can often leave many feeling like that very safety is in jeopardy. In the face of that uncertainty, restraining orders help protect you and your loved ones from those you feel to be a threat.

Of course, when it comes to securing a restraining order, knowing which ones are made available to you can help you better protect what matters most. Read on for a brief rundown of the different restraining orders California has to offer and find an attorney with experience with those kinds of cases.

Domestic Violence Restraining Orders

Like the name implies, domestic restraining orders are reserved for victims of abuse in the home. For a relationship to be eligible for this variety of restraining order, both parties need to either be in a domestic relationship or be closely related. Some examples of these kinds of relationships include:

● Married couples
● Divorced couples
● Both current and former dating couples
● Couples with children

Contrary to popular belief, roommates aren’t eligible for a domestic restraining order.

Workplace Restraining Orders

Reserved for troublesome relationships in the workplace, employers are tasked with securing workplace restraining orders for employees they feel have their safety threatened. Whether the relationship has spurred threats, harassment, stalking, or physical violence, this restraining order is geared to address the issue.

Civil Harassment Restraining Orders

Conversely related to the domestic violence restraining order, civil harassment orders are reserved for relationships that don’t fall into the prior category. Relationships such as neighbors, friends, and family are all eligible for these sorts of restraining orders.

Dependent Abuse Restraining Orders

Abused victims over the age of 65 or those above 18 with mental or physical disabilities can be eligible for a dependent abuse restraining order if they are being physical or mentally abused. In cases like these, “abuse” can mean a variety of things including neglect, abandonment, financial abuse, or even deprivation of care from a designated caregiver.

Emergency Protective Restraining Order

In special scenarios where a victim feels like they are at immediate risk of harm or abuse, they can place a request with their local law enforcement authorities for an emergency protective restraining order. These orders a typically short and very limited in duration and must be regularly extended until a more iron-clad restraining order can be secured.

Conclusion

When it comes to your protection and safety, knowing what options are made available to you is essential. Always stay informed about the different kinds of restraining orders made available to you in California and leave both you and your loved ones’ safety in capable hands.

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