Category Archives: Child Support

disability
Child Support

Can Child Support be Taken From Disability?

It is already a daunting task for a noncustodial parent to pay child support to the custodial parent. The burden becomes even heavier for those who are disabled and heavily rely on disability payments. Many wonder if somebody can take child support from disability, and if so, what their options are. This blog post will cover all the necessary information you need to know about this matter. 

 

Explaining What Child Support Is and How It Works 

 

Child support is a regular monetary payment the noncustodial parent makes to the custodial parent who cares for the children. The amount the noncustodial parent pays is typically determined by state law, based on the child’s needs and the noncustodial parent’s income. California determines child support by a guideline calculation, which is based on the income of both parents, time spent with the children, and other factors. 

 

Can Disability Payments be Garnished for Child Support Obligations 


Disability payments can be garnished for child support obligations. Disability benefits are considered income, and if the noncustodial parent is not meeting their child support obligation, the custodial parent can seek to garnish the noncustodial parent’s disability benefits. 

 

What Are the Exceptions to Garnishing Disability Benefits for Child Support Payments 

 

There are a few exceptions to garnishing disability benefits for child support payments. If the disabled parent’s income does not exceed the minimum threshold allowed under federal law, they will not garnish. Additionally, certain disability benefits, such as Supplemental Security Income (SSI), cannot be garnished for child support. 

 

How to Protect Your Disability Benefits from Being Taken for Child Support  

 

If you are disabled and receive disability benefits but also have child support obligations, there are a few ways to protect your disability benefits from being taken for child support. One option is to work with the court and the custodial parent to modify your support order to take your disability benefits into account. Another option is to request a hardship exemption through the court, which may reduce or eliminate your child support obligation. 

 

What to Do If You Feel Your Rights are Being Violated and Your Benefits are Being Taken Unlawfully 

 

If you feel like your rights are being violated, and your benefits are being taken unlawfully for child support obligations, you should immediately contact a family law attorney. An attorney will review your case and help you file a motion to modify your support order or request a hardship exemption. 

 

Questions to Ask a Family Law Attorney About Child Support and Disability Payments 

 

When seeking out the assistance of a family law attorney, there are several questions to keep in mind. You may want to ask your attorney about how child support is determined in California, whether California can garnish disability benefits for child support, and what options are available to protect your disability benefits from being taken. You also may want to ask about the attorney’s experience and success rate in handling cases involving child support and disability payments. 

 

Choose Us as Your California Family Law Attorney 

 

If you are struggling with child support obligations and disability benefits, having a qualified and experienced family law attorney in your corner is essential. At the Law Offices of Judy L. Burger in California, we have a team of skilled attorneys who are dedicated to helping clients navigate complex family law matters. We have experience in handling cases involving child support and disability payments, and we are committed to fighting for our client’s rights. Contact us today for a consultation, and let us help you find the best solution for your unique situation. 

paternity
Child Custody, Child Support

How Does Paternity Work in California?

How does paternity work in California? In California, generally, when a child is born to a husband and wife, the husband is presumed to be the child’s father. If a child is born to a woman who does not have a husband, there may be a question as to who is the child’s legal father. In this situation, it may be necessary to establish the child’s paternity.

How do you Establish Paternity in California?


In California, establishing paternity involves having a court make a legal determination as to who is the father of a child.

Generally, there are two ways to establish paternity in California: Voluntarily or through a formal legal process.

1) Voluntary Declaration of Parentage—unmarried parents can sign a voluntary declaration of parentage form to establish a child’s paternity. To be valid, the declaration must be signed by both parents, in the presence of a notary public or certain other individuals, and filed with the appropriate California state office.

2) Petition to Determine the Parental Relationship—when the parties do not agree on paternity, someone seeking to establish paternity can file a petition to determine the parental relationship.

Once the petition to determine the parental relationship is filed, the petitioning party must serve the other and include certain required documents. The other party will then be given time to file a response. The case will be scheduled, and in all likelihood, the male party will be ordered to undergo genetic testing to determine whether he is the child’s father.

Who Can File a California Paternity Action?


The California Law provides that a paternity case may be initiated by:

· A man who believes that the child at issue may be his biological child

· The child’s mother

· The child (age 12 and older)

· The child’s representative

· Certain agencies

· Any other interested party

Without a formal paternity determination, someone alleged to be the child’s father will not be obligated to pay support or have custodial rights. In addition to custody, child support, and visitation, establishing parentage is important because it will allow a child to inherit from their parent and be eligible for certain government benefits. In addition, the child can access family and medical records, have health coverage through their parent, and be named a life insurance beneficiary.

Paternity cases can become contentious, especially if a party is denying parentage. Once paternity is established, the legal parents will then have to manage child support and legal and physical custody. In this situation, it’s in your best interest to work with an experienced California family law attorney throughout the process. Your and your California family law lawyer can review the facts and determine your next steps. In addition, your counsel can help you plan for support, custody, and visitation issues.

Contact a California Family Law Attorney


The attorneys at the Law Offices of Judy L. Burger are experienced California family law attorneys who can answer your questions about paternity and other matters. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.

Can You Have a Birth Certificate with Two Moms
Child Custody, Child Support, Same Sex Marriage and Divorce

Can You Have a Birth Certificate with Two Moms?

The United States Supreme Court upheld California’s decision to allow same-sex marriages in 2013. In another case heard two years later, a Supreme Court decision prevented states from banning same-sex marriage. But even so, these decisions did not iron out all of the legal wrinkles faced by gay couples. For example, spouses sometimes found they were not their child’s legal parent unless they went through a formal adoption. One reason for this is that it was difficult, if not impossible, to have a birth certificate with two moms or two dads. Continue reading →

What Acclaimed TV Show Frasier Got Right About Child Custody
Child Custody, Child Support

What Acclaimed TV Show Frasier Got Right About Child Custody

Frasier delighted its fans during its 1993 to 2004 run. This Seattle-based show followed the antics of a radio psychiatrist and his friends and family. In addition to his father and brother, Frasier had to forge and maintain relationships with his ex-wife, Lilith, and his young son, Frederick. But Lilith and Frederick lived across the country in Boston. Their living arrangements presented some problems with child custody and visitation. While the show presented these issues in a humane yet humorous way, there are some significant lessons to take away. Continue reading →

What Are Ex Parte Hearings and How Do They Work
California Divorce, Child Custody, Child Support, Domestic Violence, Spousal Support

What Are Ex Parte Hearings and How Do They Work?

From the time a California divorce is filed until it is settled can take time.  But the parties sometimes require action from the court that just can’t wait. For example, ex parte hearings address emergency matters that need to be heard as soon as possible.

Ex Parte Hearings in a California Divorce

One or more parties may apply for emergency orders in family law cases.  

Courts might hold ex parte hearings for the following reasons:

  • Preventing danger or harm to another party or any children involved in the divorce.
  • Preventing immediate loss or damage to property.
  • Setting a hearing for a time that’s shorter than normal.
  • Shortening or extending the service time for notices of hearing and other court papers.
  • Rescheduling a hearing or trial.

Your attorney will know when ex parte hearings are needed and how to get them.

Applying for Ex Parte Decisions

Not every situation requires an expedited or emergency hearing. However, your attorney can ask for an ex parte hearing for the following basic reasons:

  • Request for an emergency order.
  • Ask to reschedule a hearing or trial.

Generally, applications must contain the following information:

  • Contact information for any attorneys involved in the case or the contact information for any party that does not have an attorney if known.
  • Declarations about facts supporting the request.
  • Lists of previous orders or applications made about the same issue.
  • A disclosure of any changes to the party’s status quo resulting from the order.
  • Specific information about child custody or visitation issues.

The law requires that most parties who request ex parte hearings usually must notify the other parties involved.

The declaration also contains details about how the filing party served the other party. If it was impossible to serve the notice, provide information about all attempts to serve. And finally, the person applying for an ex parte hearing can state any reasons that the notice of hearing should not be served.

We Can Discuss Ex Parte Hearings with You.

As our attorneys work on your case, they will identify any areas that might need emergency orders.

The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce, legal separation, and annulment. Call us at 415-293-8314 to schedule a private appointment or visit our website. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.

 

Understanding California Paternity Laws
Child Custody, Child Support

Understanding California Paternity Laws

Divorce is fraught with sensitive issues. One of the most delicate involves the parenthood of children whose parents are divorcing. If you are thinking of ending your marriage – and you have kids — understanding California’s paternity laws is a must.

Why Paternity Matters

A child’s parentage affects child support, custody, and visitation. In some cases, courts will not sign orders related to a child when paternity is in question. Unless a person is legally established as the father or mother, that person has no rights or responsibilities regarding the child.

Confirming parentage is also important because children have the right to:

  • Financial support from mom and dad,
  • Legal documents that identify both parents,
  • An accurate birth certificate listing both mom and dad,
  • Insurance coverage,
  • Inherit from their parents, and
  • Receive social security, veteran’s benefits, and other government benefits based on their parents.

From an emotional standpoint, most people want to know who their father and mother are. Legally speaking, parentage makes a difference also.

When Courts Get Involved

Generally, children born during a marriage are assumed to be the husband and wife’s biological children. Family court judges usually establish parentage automatically.

However, fathers of children who are not married to the mother when the child was born must legally establish their paternity. Other situations where a man might establish parentage include:

  • The child was conceived while the father was trying to marry the mother or thought he was married to her.
  • The man agreed to serve as the father on the birth certificate or agreed to provide financial support to the child.
  • The man acted as if the child were his own, even though the child is not biologically his.

Family courts may be involved in any case where questions about a child’s paternity exist. For example, a married man who doesn’t believe he is the father of his wife’s child might ask for a determination in order to avoid responsibilities for someone else’s child.

What the Law Says

Some sections of the California Family Code specifically address the parent-child relationship. Frankly, most if not all of the laws related to parents apply to our topic. Before laws related to the rights and responsibilities of a parent take effect, parentage must be established.

We Can Help Decipher California Paternity Laws for You

The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce, legal separation, and annulment. Call us at 415-293-8314 to schedule a private appointment or visit our website. We assist clients in California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.

Issues that Complicate Divorce
Adultery, California Divorce, Child Custody, Child Support, Property Division, Spousal Support

Issues that Complicate Divorce

Many people consider divorce one of the most stressful life events. But not all divorces carry the same levels of stress. Some couples agree on any significant issues, which makes the resolution of their case fairly simple. Other soon-to-be-ex-spouses have a more difficult path because of one or more of the following issues that complicate divorce.

Spouse-Related Concerns Can Be Problematic

The issues you had with your husband or wife don’t stop when you file for divorce. Some may directly impact how your divorce proceeds.

  • Adultery. You do not need grounds for divorce in California. So, your final order or settlement might not be affected except for one thing: misuse of community funds. When one spouse uses marital property on a new love interest, courts might reimburse the innocent spouse in the form of a larger portion of the remaining marital funds.
  • Revenge. Some people complicate divorce by trying to take revenge because their spouse deeply hurt them. Vengeful feelings can delay settlement negotiations.
  • Pregnancy. This issue can complicate divorce because of questions about paternity. If the husband doubts the child is his, he might ask for paternity tests so the court can determine whether child support is appropriate.
  • Spousal Support. It is not easy to work out how much spousal support is due and how long it will be paid.

Married couples without children avoid some of the concerns that parents face.

Children Typically Complicate Divorce

It’s great when both parents love their children and want to care for them. But all that love can get lost in the shuffle of divorce papers.

  • Custody and Visitation. Before a judge can issue the final order, parents have to come up with a parenting plan. Custody can be contentious as couples navigate the four types of custody: sole physical, sole legal, joint physical, joint legal. They might use standard visitation schedules or personalize them to fit their child’s needs. However, working out children’s arrangements adds an extra layer of stress.
  • Child Support. Parents who do not have physical custody often pay monthly child support to the parent who does. Calculating the amount of support definitely can complicate divorce proceedings.

Fortunately, family court judges always try to make decisions that are in the best interests of the children.

Finances Are Often a Contested Issue

Money matters to most people. Whether a divorce is amicable or contentious, spouses generally want to get what they deserve from the marital estate. Unfortunately, some issues complicate divorce to the point that settlement might be several years down the road.

  • Muddled Property Classification. Couples might have separate property, which they retain, or community property (which is split between the parties). However, it is not always easy to decide whether property is separate or community. For example, disagreements arise when one party brings substantial assets into the marriage but fails to keep them separate. Sometimes property is partially separate and partially community. It might take experts to untangle complications like these.
  • High-Net-Worth. Having more property means there’s more property to classify and divide. Again, the parties might need a financial expert’s careful analysis.
  • Business Assets. Some property is easier to appraise than others. Determining the value of a business is typically difficult and can quickly complicate divorce.

Divorce can be difficult, but you don’t have to go it alone.

When Issues Complicate Divorce, You Need Experienced Legal Counsel

Talk to a qualified California divorce attorney today. Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys.

Please call us at 415-293-8314 to discuss your case. The attorneys at the Law Offices of Judy L. Burger assist clients with divorce matters in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Diego, San Jose, Gold River (Sacramento), and surrounding communities.

Do Children Testify at Divorce Hearings
California Divorce, Child Custody, Child Support, Domestic Violence

Do Children Testify at Divorce Hearings?

Children rarely, if ever, ask their parents to split up. Instead, they sometimes just become part of the collateral damage of divorce. Dealing with the court system during a divorce is stressful for everyone, including children. Even parents who try to do what’s best for their kids may wonder if courts will increase the tension by making children testify at divorce hearings. Let’s look at how this problem is handled in California.

Children, Divorce, and California Law

Each divorce is a little different. Sometimes court hearings are needed to address children’s needs related to custody and visitation.

Fortunately, California law does not require children to testify at divorce hearings. Likewise, California law does not expressly prohibit children from speaking in court. Generally, courts consider a child’s participation on a case-by-case basis. Age plays a part in the court’s decision, as set out in California Family Code Section 3042:

  • Children under 14 years of age might address the court if the court determines that it is appropriate and in the child’s best interests.
  • Children over 14 years of age will be allowed to testify unless the court decides testifying is not in the child’s best interests.

If the court decides the child cannot testify in open court, alternative methods include:

  • Allowing the child to participate in a child custody mediation,
  • Appointing a child custody evaluator,
  • Allowing people to present evidence on behalf of the child,
  • Admitting information provided by a child interview center or counselor.

The judge may also allow testimony in a closed courtroom or in the judge’s chambers.

But what happens when the court decides to allow kids to participate in hearings?

Requesting That Children Testify at Divorce Hearings

Sometimes, people close to a child may learn that he or she wants to testify. According to the 2020 California Rules of Court, the following people must let the court know if this happens:

  • The minor child’s counsel
  • Evaluators
  • Investigators
  • Child custody recommending counselors.

Any party to the divorce or any party’s attorney may also let the court know that a child wants to testify. Also, judicial officers may ask whether children want to testify.

How the Courts Handle Children’s Testimony

Just because a court decides to let children testify at divorce hearings does not mean they stop protecting those children. Judges might appoint an attorney to represent the child during the testimony. Courts decide where the testimony will happen – in open court or in the judge’s chambers – and who will be present. In some cases, it is not in the child’s best interests to allow parents to attend. Finally, judges will protect children who testify at divorce hearings from harassment and inappropriate questioning.

You Need Experienced Advice When Children Testify at Divorce Hearings

The attorneys at The Law Offices of Judy L. Burger are well-versed in divorce and the dissolution of registered domestic partnerships. Judy Burger is a California Certified Family Law Specialist and founder of the Law Offices of Judy L. Burger. Please call our offices at 415-293-8314 to set up an appointment with one of our attorneys. We assist clients along the Northern to Southern California Coast.

Helping Kids Cope with divorce and COVID-19
Child Custody, Child Support, Visitation

Helping Kids Cope with Divorce and COVID-19

Modern life can be hectic, even without complications like divorce and COVID-19. Adult stress levels are at all-time highs right now. But what about our children? How are they handling major lifestyle changes? As a divorced or soon-to-be-divorced parent, helping kids cope with both divorce and COVID-19 may be a high priority. In this article, we offer some tips that may help you and your children. Continue reading →