Category Archives: Child Support

How Is Paternity Established
California Divorce, Child Custody, Child Support

How Is Paternity Established and Why Does It Matter?

Leave a comment

Establishing paternity—the father of a child—is increasingly necessary in today’s non-traditional family structures. People who have not been touched by this issue might be surprised to know that it is not simply a matter of DNA testing.


When a child is born to a married couple who reside together, the law presumes that the husband is the father. More and more often, however, children are born to couples who are not married. When this happens, a determination must be made as to the father of the child.


Medical care providers are required to provide information to the mother of the child regarding a “voluntary declaration of paternity.” If the mother and the father sign a voluntary declaration, the father will be listed on the birth certificate and will have paternal rights and responsibilities under state law. There is no test required to prove that the father is biologically related to the child.


When no one steps forward to acknowledge paternity, a superior court can make the determination. This typically happens when the biological father does not know of his parentage or wants to avoid involvement with the child. A paternity action can be initiated in court by 1) the child’s mother, 2) the man claiming or denying paternity, 3) a child support agency, or 4) an adoption agency. In this situation, DNA testing is normally used to resolve the conflict.


The reasons for establishing paternity are several. Foremost is the need for financial support for the child. It is also in the State of California’s interest to see that both parents support their child. Otherwise, public assistance may be necessary to support the child. Appropriately, and as noted above, the state child support agency can therefore bring an action to establish paternity.


Another reason for establishing the identity of the father is for health care purposes. Eligibility for health insurance is an important benefit for children. A court can order health care coverage as appropriate once paternity is established. Genetic health information is also important for the child’s wellbeing throughout his life. Many health care decisions are impacted by genetic predispositions inherited from one’s parents.


The emotional and social development of a child can also be positively affected by a child having a father in his life. Even though the father may not live in the home, appropriate visitation arrangements can be made that will support the parent and child relationship. Even if the relationship is minimal, children are better off emotionally and socially knowing the identity of their fathers.


The attorneys at The Law Offices of Judy L. Burger have extensive experience in family law, including paternity matters. Make the call today to learn how our attorneys can help you proceed through the divorce process while protecting your rights or those of loved ones: (415) 298-8314.
How Is the Goodwill of a Business Valued in a California Divorce or Legal Separation?
Child Support, Spousal Support

How Is the Goodwill of a Business Valued in a California Divorce or Legal Separation?

Leave a comment

The short answer to this question is that the goodwill of a business may be valued in any way the appraiser chooses. The longer answer is that the business appraiser may use any method that does not include impermissible values and that does include values that can be legitimately deduced from past results.

The goodwill value of a business is something that does not show up on the balance sheet. It is often an intangible aspect of the business that ultimately affects the bottom line. California Business & Professional Code defines goodwill in this way: “The ‘good will’ of a business is the expectation of continued public patronage”. It has also been described as a value that is different than capital stock or property of the business.

There are many different types of business that are valued in divorce cases, and, consequently, there are many different aspects to be considered by business appraisers when it comes to a goodwill value. Among the considerations are the following:

  • A regular and devoted customer base;
  • Reputation;
  • The length of time in business;
  • The likelihood that the business will continue in the future as in the past; and
  • The age of the spouse operating the business.

One of the prevalent methods of valuing goodwill is the Excess Earnings Method, which compares the business owner spouse to an employee of comparable experience in the same field. The method then factors in financial details from the performance of the business over a period of time to arrive at a value. The complexity of the method prevents discussion in this forum, but the salient point is that the method uses concrete financial information to arrive at a goodwill valuation.

Another method that has passed judicial muster is the Foster Method, which also uses a comparable salary coupled with financial data of the business. The common thread of these two methods that makes them acceptable to courts is that they are rooted in past performance of the business, and also take into account the likelihood of continued similar results.

The valuation of business goodwill also follows other basic tenets of divorce law. For example, business performance after the parties’ separation may not be used. Similarly, business profitability occurring prior to the marriage of the parties may not be included.

The valuation of a business, that is subject to community property distribution in a divorce, particularly the goodwill component, is a very complicated matter. Its complexity naturally gives rise to intense
What Factors Do California Courts Consider in Setting Child Support?
Child Support

What Factors Do California Courts Consider in Setting Child Support?

Parents have a mutual duty to support their minor children. Ideally, parents come to an acceptable agreement about financial support, an agreement that the court will approve. However, if they cannot or will not do so, a court must decide whether child support will be paid from one parent to another.  

The California State Legislature has found that the “state’s top priority” in setting child support is the “best interests of children”. For this reason, California law sets forth guiding principles that courts must use when determining child support. These principles allow for both parents’ standards of living to be considered. They also allow for child support to be used to reduce significant disparities in the parents’ living standards.  

The factors considered in determining child support are set by law in California. A formula is used that takes several factors into account:
 
  • Both parents’ actual income;
  • The higher-earning parent’s net monthly disposable income;
  • The percentage of time that each parent will have “primary physical responsibility” for the children; and
  • The combined net monthly disposable income of each parent.
In addition, California courts must take into account the parties’ respective health insurance coverage. There is a proportional increase in the amount of support for each additional child.  

Once the amount of child support is established using the formula, it may be affected by other issues, including but not limited to the following:  

  • Extraordinarily high income of one parent;
  • Different time-sharing arrangements;
  • The amounts spent by each parent on housing; and
  • Special medical needs of the children.
In most cases, the income of the paying parent’s new spouse or partner is not taken into account as actual income. However, it may be considered if a parent quits his or her job to reduce income or if a parent attempts to hide income. 

The health and well-being of your children are important not only to you, but to the State of California. In hotly contested child support matters, you need an attorney to fight for you and your child. The attorneys at the Law Offices of Judy L. Burger have extensive experience in divorce, child custody, and child support matters. Make the call today to learn how our attorneys can protect you and your children: (415) 293-8314.  
How Is Available Income Determined for Child Support Orders if a Party Is Self-Employed?
Child Support

How Is Available Income Determined for Child Support Orders if a Party Is Self-Employed

California law mandates that one of the predominant factors in setting the amount of child support is the actual income of the parents. As you might imagine, this can be very difficult if one or both of the parents are self-employed.

Because parents have a mutual duty to support their children, the parties to a divorce proceeding must disclose all aspects of their finances. All assets, liabilities, obligations, earnings, accumulations, and expenses must be disclosed. Assets must be disclosed even if they are owned as separate property. By law, self-employment benefits may be considered by a court in determining a parent’s gross annual income.

Full disclosure is critical to allow the family court to make a proper order of support for the children’s needs. A statutory process is in place to ensure that proper disclosures are made through the submission of certain forms. These forms include a Schedule of Assets and Debts, as well as an Income and Expense Declaration.

When a party is self-employed, however, he or she has control over documents that would be used to establish his or her actual income. These documents might include profit and loss statements, loan applications, credit card statements, and reports showing monthly expenses. The danger of nondisclosure is enhanced in these situations because the business owner has power over the creation and retention of these documents.

Forensic accountants may be used when self-employment is an issue in a family law matter. These specialized accountants are trained in both sound accounting practices and investigative skills. They specialize in reviewing financial documents with an eye toward tracing funds and locating missing funds or documents. They also testify in court about their findings, to ensure the proper amount of income is attributed to a self-employed parent.

When the actual income of a self-employed parent is an issue, it is critical to hire an aggressive family lawyer who has significant experience in business matters. Judy Burger comes from a business background and has worked extensively in highly contested divorce cases involving forensic accountants. Call her today at (415) 259-6636 to learn more about how she can help you.
How Is My Child Support Award Affected by My Spouse's Refusal or Inability to Work?
Child Support

How Is My Child Support Award Affected by My Spouse’s Refusal or Inability to Work?

If you are going through a divorce and your spouse does not work or refuses to work, you may be concerned about the adequacy of your child support award. Child support is designed to ensure that the needs of California children are kept front and center, despite the separation or divorce of their parents. The law recognizes that both parents have a duty to contribute to their children’s support. This includes, in some circumstances, charging unemployed or underemployed parents with income earning capacity even though they may not be working at all. This is called imputing income. Section 4058(b) of the California Family Code states that “the Court may, in its discretion, consider the earning capacity of a parent in lieu of the parent’s income, consistent with the best interests of the children”. In making this determination, courts will consider three factors:
  • A parent’s ability to work;
  • The opportunity of a parent to work; and
  • Whether a parent working is consistent with the best interest of the children.
The first factor is whether a parent is able to work. This may be restricted to differing degrees. For example, a parent disabled from working in any job will be considered differently than a parent disabled only from working in his or her chosen field. If the ability to work is only partially restricted, a family court may impute earning capacity to the disabled parent. Similarly, if a parent refuses to work or hasn’t worked for a long time, he or she may be perfectly capable of working, given the motivation to do so. The second factor in determining whether earning capacity will be imputed to a parent is opportunity. In other words, are there available jobs that the unemployed parent is capable of performing? If a parent is able to work and has the opportunity to do so, the final factor is whether it is “consistent with the best interests of the children” for that parent to work. Examples of issues that might make a parent working inconsistent with the children’s best interest include a parent taking care of an infant or special needs child. Ideally, there is no dispute about a party’s true ability to work. However, when this issue is contested, there are a few tools that may be used to obtain an objective determination of a party’s true limitations. The first tool is called an independent medical examination (“IME”). This is a medical examination performed by an independent health care provider to determine the ability of a person to work. A second tool that may be available is the use of a vocational expert to assess the ability of a party to work, as well as the opportunities he or she may have for gainful employment. If you are concerned about your spouse’s refusal or inability to work, or if you believe your spouse is underemployed for the purpose of depressing his or her income, you need an aggressive attorney to evaluate the facts of your case and determine your options. At the Law Offices of Judy L. Burger, we recognize the importance of a proper child support order to the well-being of your children. We specialize in difficult custody and support issues, and we’ll put our experience to work for you. Call us today at (415) 293-8314.
Child Support

What Are Your Options When A Former Spouse Refuses to Pay?

What are your optionsSometimes family law judgments are even harder to collect than regular debts because of the unpleasant emotions attached to the judgment in the mind of the payer. The anger and bitterness that develops during divorce or custody proceedings often continues, even after the court battle is over. If your former spouse or partner was ordered to pay money directly to you, his or her emotions can blur logic and lead to refusal to pay. If this situation is all too familiar to you, and your best efforts to work out payments have failed, then it is time for you to contact an aggressive family law attorney to help you collect. Clients frequently call on us for help to enforce payment of family law judgments. When we first meet with you, we will gather information about your case and explain your options.  Here are a few things we may recommend, depending on your circumstances:
  1. Using legal discovery methods to gain information about the former spouse’s assets. Before attempting to collect, we’ll need to know what assets he or she has that may be subject to levy or seizure.
  2. Placing a lien on the delinquent payer’s real estate.
  3. Placing a lien on the delinquent payer’s personal property.
  4. Seeking an Earnings Withholding Order to get part of the delinquent payer’s wages directly from his or her employer.
  5. Seeking to levy the delinquent payer’s bank accounts.
These are just a few of the options for collecting money owed on a family law judgment. If you are having difficulty getting your former spouse or partner to pay, contact our office today. Judy L. Burger is known for her tenacious representation of clients in highly contested family law cases in and around the San Francisco Bay and Sacramento areas.  If you need help enforcing a family law judgment, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
Child Support

Common Defenses Against Collection of Family Law Judgments

BrokeIf you are the debtor in a family law judgment case who needs to defend against a collection action, your attorney may choose from a variety of options in your defense. One of the tools used to defend collection by way of garnishment is a Claim of Exemption. Your attorney will prepare a document explaining why your wages should be excluded. Certain types of income and property are exempted from garnishment by law. After your attorney files your claim of exemption, the other party has ten days to oppose your claim. Similarly, you can claim an exemption on certain types of property if a judgment creditor is seeking to impose a levy on your real or personal property. The claim of exemption should be prepared by your attorney, who knows which types of income and property are excluded from being subject to a levy. If the other party submits a timely response to your claim of exemption, then the court will schedule a hearing and a judge will make the final decision regarding the exemptions. If you are facing garnishment or levy, or if you are seeking to collect money from a family law judgment, call our office today. Judy L. Burger is known for her aggressive representation of clients in and around the San Francisco Bay and Sacramento areas.  If you are dealing with either side of a family law judgment, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
Child Support

Collecting Money Owed to You from a Family Law Judgment

MoneyIf a former spouse or partner owes you money based on a judgment in a family law case, it is important for you to know that in California the collection of money from a family law judgment is the responsibility of the person to whom the money is owed. In other words, if you don’t take steps to enforce payment, the court won’t do it for you. You can begin collecting as soon as a money judgment is entered. Filing an appeal or a bankruptcy petition will not release the payer from the responsibility to pay judgments related to family support. If the responsible party fails to pay you on or before the court-ordered deadline, you should take steps to seek payment. Statistically, the longer a debt is owed, the harder it is to collect. Don’t waste precious time wondering whether you should do anything. If a court ordered your former spouse or partner to pay, then he or she should be required to do so. Most importantly you should contact an aggressive and caring family law attorney. The sooner you contact us, the sooner we can get started on a plan to collect the money you are owed. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  If you are having difficulty collecting a family law judgment, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
Child Support

Basic Information About Child Support in California

safe and happyChild support is an amount of money a court orders either one parent or both parents to pay every month to help pay for the care of their child or children. Child support is normally ordered after a petition for divorce is filed, and usually the non-custodial parent pays child support to the custodial parent.

Misconceptions abound regarding child support. Some noncustodial and custodial parents alike think the money is intended to help support the custodial parent. Others believe that child support should be put in a separate account to be used only for the children’s direct expenses, and still others believe every penny should be accounted for on a monthly basis. None of those misconceptions are true.  The broad purpose of child support is to help provide for the needs of the children, which means it may be used to help pay for rent and utilities, groceries, clothing, and so on.  A child support recipient does not normally have to account for how the money was spent. If you feel you are getting the short end of the stick where child support is concerned, then think about the long-term costs that will accrue over the years your children are entitled to support. Paying for competent, aggressive representation now is worth every penny. Like the old adage, when it comes to legal advice you get what you pay for. If you need an advocate on your side to fight for the outcome that is right for you and your children, contact an experienced family law attorney to petition the court on your behalf. The Law Offices of Judy L. Burger will aggressively pursue the best outcome possible for you in your child support proceedings. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  If you are a parent facing a divorce, custody, or child support dispute, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
Child Support, Visitation

Changing Child Support or Visitation in California

Family Law Changing a child support or visitation order is a common issue in family law. Usually driven by a change in the life of one of the parents, there are basically two ways to go about making these changes. If the parents can agree to the changes without going to court, you can file your agreement with the help of an attorney. If you are agreeing to change child support, the attorney will help you file a Stipulation to Modify Child Support and Order. To make changes to visitation or custody they will assist you with filing a Stipulation for Custody and/or Visitation of Children. If you and the other parent can’t reach an agreement, you will need to take the other parent back to court. Since the court will consider many factors before making a decision, you should speak to a qualified California family law attorney before filing any documents with the court.  Your attorney will know which factors should be highlighted to give you the best chance of successfully getting your child support or custody order modified. At the Law Offices of Judy L. Burger, we will employ the strategy most likely to achieve the best outcome possible for you in your divorce or custody proceedings.  Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  If you are a parent facing a divorce or custody dispute, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.