Top Reasons to Seek CA Child Support Modifications
California Divorce, Child Support, Debt, Disability

Top Reasons to Seek CA Child Support Modifications

Child and spousal support are critical responsibilities after a divorce. As life changes occur, you may need to make formal child support modifications to your original agreement. The Family Court must approve any changes, but it is always best for both parents to present a workable plan to the court. Certified Family Law Specialist Judy L. Burger examines why you may need to seek child support modifications in California.

Income Changes

Any changes in your income of 20% or more warrant examination for a possible change in your child support amount. This includes:

  • Increases: Increases may raise your payments.
  • Decreases: Decreases may reduce your payments depending on the nature of the decrease.
  • Job loss: If a parent loses a job, the court may temporarily reduce payments until they secure new employment, then make a more permanent determination.
  • Self-employment: This type of employment can fluctuate, requiring adjustment or some other modification.
  • Retirement: This often makes significant changes in income, usually decreases, and will require an adjustment.

Never assume that changes to your child support payments can be made on your own when things change. All changes must be agreed upon by both parents and approved by the court. CA Family Law Attorney Judy Burger can help you navigate this process to ensure your child’s best interests are met.

Custody Changes

Custody agreements can change and reflect a need to modify child support arrangements. The time a child spends with each parent is a primary consideration. Common reasons for a change in custody include:

In most cases, the non-custodial parent pays child support to the custodial parent. If the custodial parent changes, this likely means a change in the amount of child support. The child’s needs and the new custody arrangements must be reviewed to create a workable agreement. Typically, the custodial parent spends more time with the child and contributes more to their care.

Changes in the Child’s Needs

Children grow and change, and this creates new and different needs. The most common changes in the child’s needs that demand support modifications include:

  • Education: As children age, they can require more resources for their education, such as school supplies, activity fees, or college tuition.
  • Living expenses: As children age, their tastes and needs change, including clothing, food, daily essentials, and incidentals.
  • Medical expenses: Developing medical conditions or treatments not covered by insurance, like wisdom teeth removal and orthodontics, can require extra resources.
  • Extracurricular activities: Children can pursue all forms of sports, music lessons, hobbies, and school clubs that may require additional financial resources.
  • Unpaid child support: If one parent falls behind on child support payments, the court may order a modification to ensure the child is receiving proper care and support.

Parents can agree on how they’ll handle the new payments. However, they still need a judge to sign off on the agreement and ensure it meets the requirements for a child support modification. So, any verbal agreement should be put on paper and certified by a family law judge.

Get Help with CA Child Support Modifications

Every family is unique and has different child support needs. No two support agreements are alike. Working with a seasoned family law attorney is the best way to find solutions to complex support issues that meet your family’s needs while satisfying the family court’s requirements. A lawyer should review any change in your situation to see if it warrants changes.

Certified Family Law Specialist Judy Burger has extensive experience helping families create workable child support agreements and modifications as life changes. She is an effective negotiator and problem-solver who can help you find solutions that fit your family’s needs. Contact one of her offices across California to schedule a consultation today.

 

Is It Time for a New Parenting Plan? custody and visitation
Child Custody, Child Support, Visitation

Is It Time for a New Parenting Plan?

Divorce is often painful and difficult, but parents don’t want to transmit this anguish to their children. Child custody and visitation agreements hammered out in your parenting plan and approved by the court are designed to protect your children and provide what is best for them. However, circumstances can change and require modifications. Is it time for a new parenting plan? Certified Family Law Specialist Judy L. Burger examines when you should consider making some changes.

What Is a Parenting Plan?

A parenting plan outlines how parents will share the responsibilities of raising their children after a divorce or separation. It typically includes details on how much time the children will spend with each parent, how major decisions about the children’s upbringing will be made, and how conflicts or disagreements between the parents will be resolved. The parenting plan is filed with the court and becomes a legally binding agreement.

Reasons to Change Child Custody and Visitation in Your Parenting Plan

Life happens to everyone and adjustments are part of it. Sometimes this means a new patenting plan must be figured out to address new needs, changes, or demands. Here are five signs that it’s time to change your joint parenting plan.

Changes in Your Child’s Needs

Children’s needs change as they age. This could be going to a new school, taking on new extracurricular activities or hobbies, medical needs or health changes, and more. The possibilities are endless and every parent knows that you have to adjust to these new realities. Your parenting plan may need revisions to reflect these new changes and how each parent will accommodate them.

Changes in Your Work or Living Situation

Adults face changes throughout life, too. You or your ex-spouse could move, start a new job, go to college, or start new activities that require adjustments in child custody, support, or visitation arrangements. A CA Family Law Attorney like Judy Burger can help you negotiate the new changes and get them approved by the court.

Changes in a Parent’s Situation

Changes in the other parent’s living situation will also require you to make adjustments. For example, if your ex-spouse remarries, has additional children, moves, or starts a new job in another city, this will impact how you care for your child and meet their needs. These changes can be difficult at times, but a family law specialist knows how to help you make satisfactory changes and keep your own life on track.

Conflict or Tension Between Parents

Co-parents who now lead different lives but share a child and parenting responsibilities can experience conflict or tension. Sometimes your parenting plan must change to improve communication or reduce the stresses on your children. For example, trusted third parties may need to pick up and drop off children to prevent parental conflicts.

Concerns About Your Child’s Safety

Your child’s safety and well-being are your primary concerns. Any threats or concerns about their physical, mental, or emotional stability demand immediate changes to your parenting plan. California Family Lawyer Judy Burger can work with you to modify custody arrangements and visitation plans to address specific concerns. She can also help you obtain ex-parte “emergency” hearings and domestic violence restraining orders if necessary.

Get Help with Child Custody and Visitation Arrangements in Your CA Parenting Plan

Attorney Judy L. Burger is a Certified Family Law Specialist in California with extensive experience in child custody, visitation, support, and related issues. She can help you work out details of a new parenting plan that reflects recent changes in your parenting situation and file it with the court. Contact one of her eight offices across California to schedule a consultation.

 

What Makes a CA Certified Family Law Specialist Different?
California Divorce, Child Custody, Child Support, Domestic Violence, Mediation, Property Division, Property Division, Restraining Order, Spousal Support

What Makes a CA Certified Family Law Specialist Different?

Family law matters are often intensely personal and highly emotional. Dealing with families and relationships is always complex and much is at stake for everyone involved. You want more than an attorney when family law issues arise – you want a specialist. California Family Law Attorney Judy L. Burger is a Certified Family Law Specialist who is able to handle complex personal cases through court petitions, negotiation, and litigation.

What makes a CA Certified Family Law Specialist different from run-of-the-mill family law and divorce lawyers?

A High Level of Specialization

Obtaining a law degree and passing the California State Bar exam to practice law is only the beginning. Certified specialists in any area of law must pass a rigorous set or requirements to demonstrate their exceptional knowledge, experience, and proficiency. Only after completing this extensive process does the state bar award the attorney a specialist certificate.

To become a Certified Family Law Specialist in CA, attorneys must satisfy the following prerequisites: 

  1. Pass a written examination
  2. Continuously practice law in their specialty area for at least five years
  3. Complete continuing education in their specialty area
  4. Receive favorable evaluations by other attorneys and judges
  5. Demonstrate experience in a variety of family law matters, including divorce, child custody, child and spousal support, domestic violence restraining orders, property division, and more.

Becoming a certified family law specialist takes time, experience, and extensive knowledge.

Superior Experience in Family Law Cases

Certified Family Law Specialists must continue to demonstrate their expertise by handling complex family law cases to further broaden their knowledge and experience. Recertification every five years requires more continuing education while putting this extensive knowledge into action helping California families.

A CFLS will have considerable experience with:

  • Messy divorces
  • Complex business valuations
  • Sophisticated property divisions
  • Tense negotiations
  • Filing petitions with the court
  • Advising clients
  • Litigating difficult child custody and support cases
  • Ex parte hearings
  • Domestic violence
  • More…

Seasoned representation by a Certified Family Law Specialist like Judy Burger means the putting encyclopedic knowledge, extensive education, years of real-world experience, and measured expertise in your corner. She is vastly more qualified to help you get the results you need and want than other non-certified family law attorneys.

Why Should I Choose a Certified Family Law Specialist Instead of a Family Law Attorney?

Family law matters can be rough on you mentally and emotionally. The possible complexities and problems are legion and specific to every case. However, a CFLS has likely encountered similar cases before and has experience helping families find solutions. If you anticipate a difficult road ahead in your divorce, child custody, support, or related matters, choose a CFLS like Judy L. Burger.

Here are some examples of cases where we recommend a Certified Family Law Specialist:

  • Both parties have agreed to a divorce, but that’s all you agree on.
  • You have differences of opinion about matters like college debt, large real estate holdings, retirement funds, and other asset divisions.
  • You have small children still at home and cannot agree on a custody and support arrangement.
  • Both parties grew up in different cultures, so family rights and extended family concerns are involved.
  • Both parties jointly own a business.
  • One or both divorcing parties are active duty military.
  • You or your child’s safety is threatened.
  • You or your child are victims of abuse.

CFLS Judy Burger has trained for just these and many other situations so she knows how to help you. In fact, she’s been there with other families before. She can guide you through negotiations, difficult conversations, far-reaching decisions, and even embattled litigation with compassion and fortitude.

When you need stable counsel and steady legal representation through one of the most difficult times of your life, you need the services of a Certified Family Law Specialist. Contact The Law Offices of Judy L. Burger as soon as possible to discuss your case and next steps. We have offices throughout California for your convenience.

Common Ways Some Parents Try to Hide from Their Support Obligations
Child Support, Debt

Common Ways Some Parents Try to Hide from Their Child Support Obligations

Child support to ensure the care and well-being of your children is a critical financial obligation. California Family Courts follow uniform guidelines established under state law to calculate a parent’s child support obligation. The court’s child support order is legally binding and avoiding or ignoring it has serious consequences.

Unfortunately, some parents try to avoid this obligation by employing various means to “hide” assets or defraud the system and their children. California Attorney Judy L Burger is a Certified Family Law Specialist who can help you if you suspect a former spouse is trying to hide from their court-appointed support obligations.

Examples of California Child Support Fraud

Providing incorrect information to the family court about your income is child support fraud. For example, a non-custodial parent may try to hide income from various sources and report a lower amount to the court in order to obtain low support payments. Also, a custodial parent may try to hide income to get more money from the other parent.

Here are some common examples of child support fraud:

  1. Underreporting Income: Reporting incorrect income amounts and sources on tax forms and other documents.
  2. Working for Untraceable Cash: Working a job that pays in cash so there is no paper trail to prove the income.
  3. Quitting a Job: Resigning from a job so you have no income to report.
  4. Opening Accounts In a Family Member’s Name: Hiding assets in accounts in someone else’s name so they do not appear in your personal asset list.
  5. Concealing Funds in Cryptocurrencies: Hiding assets in cryptocurrencies to complicate how these assets are tracked or reported.
  6. Transferring Funds to Offshore Accounts: Hiding assets in overseas accounts that are not subject to United States or California reporting obligations.
  7. Shielding Funds Through Shell Companies: Establishing complex legal entities to hide assets and avoid an accurate reporting of your income.

The Law Offices of Judy L. Burger uses sophisticated forensic accounting methods and other investigative techniques to uncover hidden assets and income sources. If you suspect your spouse is employing fraudulent means to escape their child support obligations, contact one of our offices near you to schedule a consultation.

Possible Penalties for Avoiding CA Child Support Obligations

California child support orders are legally enforceable under the law and carry stiff penalties when violated. Those found guilty of ignoring or committing fraud to avoid their support obligations may face several different enforcement actions that can include:

  • Credit bureau reporting
  • Suspension of driver’s license or passport
  • Revocation of professional and occupational licenses
  • Bank and property liens
  • Appropriation of tax refunds
  • Appropriation of lottery winnings
  • Asset seizures
  • Imprisonment (contempt of court is a criminal offense)

The Golden State offers several programs to help if you have legitimate problems meeting your child support obligations. Don’t wait until you get seriously behind in your payments; contact your local child support office immediately to inquire about your options. Attorney Judy Burger can also help you with support modification requests and other legal remedies.

A California Certified Family Law Specialist Can Help You Get What You Deserve

Attempting to hide assets to get higher child support payments from your spouse and hiding assets to prevent paying your fair share are both fraud. CA Family Law Specialist Judy L. Burger fights tenaciously for the care and well-being of innocent children and hurting families. She and her team can help you get the support you deserve from offices throughout California. Ms. Burger can also help you if your circumstances have changed and cause problems meeting your child support payments.

Contact The Law Offices of Judy L. Burger in Beverly Hills, Gold River, San Diego, San Francisco, San Jose, Oxnard, San Rafael, or Santa Barbara to schedule a consultation.

Child Support

Health Insurance and Child Support in California

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The requirement to provide child support in California does not extend only to the requirement to provide financial support for the child. Pursuant to federal law, California has the additional requirement that health insurance coverage be provided as an additional form of support for all children.

The requirements that exist in the world of court-ordered child support are very specific and detailed. The state has become involved in maintaining the well-being of the child, and the state will ensure that the people responsible for that child – the parents – do so in a fair and comprehensive fashion. To that end, federal law mandates that states develop child support guidelines that apply in all cases and that clearly cover a child’s needs. The guidelines require support based upon the financial status of the parents, both custodial and non-custodial. 45 C.F.R. § 302.56.

A child support order from the court has numerous elements that may be specifically included as additional costs, such as child care costs related to employment, reasonable healthcare costs, educational or special needs of the child, and visitation expenses. The need to provide for healthcare costs is important for the proper care of a child.

Because both parents share an equal responsibility for providing care of their child, both parents share an equal responsibility for providing health care for a child. This means that both parents are responsible for their proportional share of costs for medical services, including emergency medical services. The costs for those services must be reimbursed to the parent who covered the expenses. Cal. Fam. Code § 3750 et seq.

The health care that must be provided for the child may be self-purchased or provided by a parent’s employer. If the insurance is obtained through the parent’s employer, that employer may not place restrictions on the child’s coverage such as the residency of the child, the marital status of the child’s parents, or the child’s dependency status on the parent’s tax returns. Cal. Fam. Code § 3750 et seq. The coverage obtained must include dental and vision services as well as medical coverage.

The proper care and responsibility for a child goes beyond simply providing shelter and food. For a child to grow into a healthy adult, he or she needs proper medical, dental, and vision care.

If you have questions about the law on child health care in California, contact an attorney who has deep experience in family law in the Golden state. The attorneys at the Law Offices of Judy L. Burger have the experience you need. Call today to see how we can help: (415) 293-8314.

Child Custody

Can a Court Require a Deposit of Assets from a Parent to Secure Child Support Payments?

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It is difficult being a child these days, and it is equally difficult being responsible for the care and maintenance of a child. The responsibility for the care and maintenance of children falls equally upon both of their parents, whether either of them have actual custody of those children or not. There are times when one or both parents neglect this responsibility, and in those cases, the courts will often be required to step in and order the neglectful parent to perform their parental duties.

California courts have many tools available to them to meet their responsibility to make decisions in the best interest of the child. Either or both parents may be ordered to pay child support for their children. If necessary, the courts can get creative to ensure the obligation has been met. In specific circumstances, for a person who has been ordered to pay support who has not paid that support, the court can order the deposit and sale of assets. Cal. Fam. Code § 4610 et seq.

Under California law, if an individual who is responsible for paying child support does not do so for over 60 days, the court can order the deposit and eventual sale of that person’s assets to cover the cost of delinquent child support. This action of the court is one that can be taken if the parent is unable to show that the failure to pay support was not willful or in bad faith, and that the parent did not have the means to make the required child support payments. Cal. Fam. Code § 4611.

An order requiring the deposit and sale of assets is a serious measure for a court to take, but it is not done without the responsible parent having the opportunity to respond to the order and to take actions to convince the court not to enter the order. There are numerous grounds whereby an individual can convince the court not to enter such an order, such as illness, disability, or other circumstances that would make the order unjust, and there will always be a hearing prior to such a decision by the court. Cal. Fam. Code §§ 4610, 4612.

Having children is not a decision to take lightly, and doing so creates a responsibility that stays with you for your lifetime. If you or someone you know is faced with a failure to receive the child support to which you are entitled, a good attorney can help make sure the children you are responsible for are supported as they are entitled to. The attorneys at the Law Offices of Judy L. Burger will provide authoritative legal support tailored to your specific situation. Make the call today to learn how our attorneys can help: (415) 293-8314.
Child Support

Can a Court Require Security for Child Support From a Parent?

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Divorce is a complicated and confusing place to find oneself. Once a child is involved, the confusion and complication become magnified, and no longer is the court solely interested in finding an amicable solution that meets the needs of the spouses. Instead, the court becomes predominantly concerned with what is in the best interest of the child. In most divorce situations involving children, child support is an issue. It is the court’s responsibility to ensure that the child who is supposed to receive this financial support does in fact receive it.

In any type of legal action, there is always a chance that the person who ordered by a judge to do something will choose not to do it. This is no different in the case of child support. As much as we may like to believe that parents will act in the best interest of their children, that is not always the case. Because of this fact of human nature, California courts have the ability, upon a showing of good cause, to order that the parent who is required to pay child support post a security with the court. Cal. Fam. Code § 4012.

The amount of the security that can be required by the court is capped at the total support payment that the parent would pay over the next year, or an earlier time if the child support is scheduled to end in less than one year. These funds are held in an interest-bearing account and are available to the child if the parent who is required to pay fails to do so. Cal. Fam. Code § 4560.

Should the court-mandated child support not be paid, funds can be released from the account when payment is 10 days late, and the court will then require that the parent who is required to maintain the security account replace those funds. Cal. Fam. Code § 4570 et seq.

Once a court is involved in maintaining the best interest of a child, it will exercise the full extent of its ability to ensure that children are properly cared for and that the parents truly share the responsibility of having children. These requirements are designed to look after the best interest of the child, but they are not designed to be punitive in nature. For that reason, if a parent can prove undue financial hardship, the obligated parent may sometimes reduce the amount of money placed into the security fund. Cal. Fam. Code § 4565 et seq.

Divorce can be a messy place to find yourself, but you can rely on the California court system to do its best to ensure that the innocent bystanders – the children – continue to have the support they deserve from both parents.

If you want to learn more about the legal requirements for child support security and how they apply in your case, contact the attorneys at the Law Offices of Judy L. Burger. We can help. Call us today to make an appointment: (415) 293-8314.
Child Support

What Mandatory and Discretionary Add-Ons Are There for California Child Support?

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Most of the time, a noncustodial parent is responsible for child support because daily child care and expenses are vested in the custodial parent. This, however, is not a hard-and-fast rule.

The determination of child support in California is based on a complex calculation that takes into account the parents’ incomes, the time spent by each parent with the child, the standard of living for the child, the custodial arrangements, and each parents’ tax deductions.

The state-wide formula is applied for determining child support in California. Courts and family law attorneys customarily use this method to arrive at an appropriate number to be paid as child support. However, sometimes additional benefits over and above the “base rule” are made. This is done by providing for what are known as mandatory and discretionary “add-ons.”

The additional mandatory add-ons under California Family Law Code § 4062 typically include child care costs related to training for employment skills or requiring education to secure employment, as well as all reasonable healthcare costs for the child that are not covered by insurance, such as co-pays, prescription drugs, vision care, dental care, and orthodontic care.

Under the very same legislation, discretionary child support may also be granted, keeping in mind specific educational costs (such as those required to facilitate extra-curricular and recreational activities) and other special needs of the child, as well as travel expenses incurred during visitations.

Usually, both parents are responsible for sharing the mandatory and discretionary add-ons equally; however, in cases of a stark income gap between the two parents, the higher earning parent may be held responsible for greater obligations. This is calculated separately in accordance with Family Code § 4061(b).

There are rarely any changes made to the child support amount—not even when one of the parents re-marries.

Child support cases are not easy to understand and analyze. A trusted, experienced family law attorney can make a significant difference in how you deal with this intimately personal crisis.

The attorneys at the Law Offices of Judy L. Burger are experienced in child support matters. Call today to see how we can help you: (415) 293-8314.