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What Are the Legal Rights of Military Fathers?

Friday, December 16, 2016

Over the last 15 years, many military fathers on deployment feel themselves at a disadvantage. It is unfortunate, and all too common, that a deployed or overseas soldier will suddenly find themselves in the middle of a divorce. Can you image the stress of having to both fight for your country and your children at the same time? It is a situation in with the military person is almost always at a disadvantage.

The military life is tough on families, overall. It can pull families apart, especially with long deployments. Regardless, receiving a notice of divorce while one is away can be devastating. Imagine feeling powerless to do anything about it. Regardless, there are times when the divorce goes through, custody and support are granted. Worse yet, mothers can, at times, relocate, effectively denying fathers access to their children.

As an example, reported by Fox News, is "Gary", a U.S. Navy Seal who was in Afghanistan. While he was away, his wife moved to Israel and filed for divorce abroad. With Gary almost powerless, the court granted the divorce and gave a substantial support award to the mother. Gary was "processed" by a California family court while he was on deployment, and he found himself victimized.

However, if you are active duty or deployed, the Servicemember Civil Relief Act can protect you from a default judgment. When you are served with a court summons, you may request a hold on legal proceedings until you return home. An SCRA stay can last for the duration of a military person's deployment plus sixty days. This can give you the time you need.

What haven't we covered yet that is important to you? If you would like to walk about the legal rights of military fathers, or need more information, please contact us.

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California Child Support Law

Friday, December 09, 2016

Child support evasion can result in the loss of parental right to child custody visitation. A parent evading an obligation to child support payments, may be subject to wage garnishment, property lien, incarceration, and passport denial.

Child Support in California

The State of California courts apply the Agnos Minimum Child Support Standards Act calculus to determine the percentage of total net monthly income to be paid by a non-custodial parent. The state has no statute of limitations on past due child support payments, and support is enforceable until paid in full.

California allows for interest to be charged on missed child support installment payments at a rate of 10 percent. Retroactive interest on child support is charged at a statutory rate of 10 percent. Accrual of interest begins the missed installment due date, or day of entry of judgment by the court (Code of Civil Procedure 685.010, 685.020, and 685.030).

Parents violating child custody visitation conditions and child support as result of a domestic dispute, may also be the cause of a child’s removal from home. Incarcerated child support violators are responsible for payment of arrearages upon release from jail or prison.

Family Law Firm L.A.

Child support arrearages can lead to long-term disenfranchisement and financial instability. A family law attorney can protect the rights of the most vulnerable clients. Exercise your right as a parent in a child support matter. Seek advice from a family law attorney. Contact the Law Offices of ElenMebtahi in Los Angeles licensed in the practice of family law.

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Father's Rights: What Should You Know?

Friday, December 02, 2016

Many fathers are not properly informed when it comes to child custody, child support, visitation, etc. One of the common misconceptions is that all mothers will automatically be given priority when it comes to custody. You do not have to sit back and not be a part of your child’s life. A father has the same rights as the mother. Read More

Child Support Advice: What Should You Know?

Monday, November 28, 2016

We understand that child support laws are not the same in every state, but we wanted to offer some tips and advice for anyone who has child support obligations.

If You Do Not Pay, There Will Be Consequences

Various creative things have been implementing to ensure anyone who is paying child support meets all of those obligations. Many people are aware of the type of criminal penalties one may face, but they may not be aware of the other consequences, such as the following:

  • Suspension of driver's license
  • Garnished wages
  • Tax refund deductions
  • Cancelled passports

You May Have To Pay More

If you ever have an increase in income and the other parent finds out, you may be forced to pay more. If you have to show your monthly gross income and it has significantly increased since the last time, the amount of child support payments you payment can be increased.

Your Child Support Payments Can Decrease

As mentioned earlier, you may not always pay the same amount for child support. If you find yourself facing financial difficulties, child support payments can also be modified in these situations. However, you will need to show proof that you have a big change in income. If you simply say you did not make that much in a particular month, that will not be enough.

Child support payments and other obligations can be difficult to understand, but one of the things you should never do is stop paying child support on your own. If you have questions or concerns, you should seek the advice of the court. Contact us today for more information.

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Family Law: What is the Termination of Parental Rights?

Thursday, November 17, 2016

Within family law, both parents have rights and responsibilities when it comes to their child or children. Termination of parental rights is complex and difficult. Issues like education, religion, healthcare, and more are shared rights. Financial support in an example of shared responsibilities. Regardless, a court can terminate the rights of a parent. Read More

Family Courts Confront the Rise of Stay-at-Home Dads

Thursday, November 10, 2016

Pew Research study found that the number of stay-at-home dads in the United States roughly doubled over the past thirty years. This reflects changing social norms when it comes to gender and parental roles. But, stay-at-home dads can still struggle against traditional gender biases, especially when going through a divorce. Men have traditionally been seen as breadwinners, and women as caretakers, and each of these views can prejudice men going through a divorce. However, whether it comes to child custody, alimony, or property divisions, men have the same legal rights as women. Read More

What Happens When Unrealistic Child Support Orders Are Given?

Friday, November 04, 2016

It takes plenty of things to raise a child, including money and time. Raising a child, in general, is a tough task to handle, but raising a child alone is tougher. Children have to be supported, and they need the support to come from both parents, not just one parent.

child support enforcement system is in place to make sure that both parents are held accountable for giving their children the support they deserve. Unfortunately, not all parents are able to care for their children in the best way because they do not have the financial means to do so. When the parent, usually the father, is unable to pay child support, the system usually fails them.

A parent who has the financial means to take care of their children but they simply refuse to do so deserve to have the courts involved to collect payments. However; it is not always that simple. There is a large percentage of uncollected child support payments that are owed by non-custodial parents who have no income or a small amount of income.

If a non-custodial parent is incarcerated, the child support arrears will continue to climb higher. As those arrears will continue to climb, it will be extremely difficult for the parent to pay them back. When the parent is ever released from jail, it will be difficult for that parent to earn the income from a job because there may be few job prospects.

When the non-custodial parent is handed a child support that he cannot pay, it does not do anyone any good. The child will not receive the child support payments and the father will have to face the unfortunate consequences of not having the financial means to pay.

Are you faced with a difficult child support situation? Do you need help? Contact us today for more information.

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You Can Get Your Life Back On Track After Being Issued A Bench Warrant

Thursday, October 27, 2016

A judge will issue someone a bench warrant when the person has been criminally charged and fails to appear in court. If you ever find yourself in this situation, you will need to contact an attorney right away. You would be surprised at how many bench warrant arrests happen over something as small as traffic ticket. Read More

Father's Rights: Wage Garnishments

Friday, October 21, 2016

If you have obligations to pay child support, you will not be able to escape those obligations. One of the ways that courts make sure fathers pay child support is by wage garnishments.  Read More

Figuring out the right child support amount

Thursday, October 13, 2016

When a couple cannot make family law decisions on their own, a judge decides custody and child support matters instead. How much a single parent receives varies, and a formula typically helps a court make this decision. However, there is no perfect way to arrive at the right number for child support payments. Read More

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