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Fathers' Rights Under the Law

Thursday, April 20, 2017

With the high rate of divorce looming large, fathers' rights are a concern for many. Fathers have the right to be consulted when their child is about to be put up for adoption or to intervene if custody issues arise or in the event that their rights to visitation are not honored by the other parent. Read More


Waivers for Child Support Arrearages

Thursday, April 06, 2017

Child support is generally made by non-custodial parents to custodial parents for maintenance of minor children. Due to a variety of reasons, including lack of stable employment, a man or woman might fail to pay all or some of the support. The amount of money owed for back child support is called arrears. In most cases, it is extremely difficult to gain a waiver for all or part of child support arrears but it does sometimes occur. Read More


What Consequences Can You Face If You Do Not Make Child Support Payments?

Thursday, March 09, 2017

When families go through the divorce process, the non-custodial parent will be the one obligated to make financial payments that is known as child support. If you have been ordered to provide child support for one or multiple children, you may have questions about what type of penalties you may face if you do not make payments or if you fall behind on your payments. There are some serious penalties for those who do not make payments, including jail time and paying fines. Read More


Father's Rights for Unmarried Couples

Thursday, March 02, 2017

Father’s rights and child custody laws can be overwhelmingly complex, especially if you’re an unmarried couple. Unmarried fathers face additional legal challenges in establishing their paternity and gaining their rights. Read More


Child Support & Child Support Arrearages: Advice For Fathers

Friday, January 20, 2017

Many fathers who are obligated to pay child support find themselves finding a significant number of tough issues, including the following: Read More


Family Law: Are You Facing Paternity And Child Support Issues?

Friday, January 13, 2017

There have been many family law cases involving paternity and child support. In many cases, it can be really difficult to establish paternity. There have been many cases of paternity fraud, and this can complicate things even more than they already are. Read More


Father's Rights and Dealing with False Allegations During Child Custody

Friday, January 06, 2017

False allegations are not uncommon in child custody cases, and more and more people are using them as a legal strategy rather than as providing protection. Moreover, false allegations are the most prevalent in child custody cases because, even if made without merit and baseless, they require examination. When your ex-spouse falsely accuses you of physical or emotional abuse toward your children, the allegation can catch you completely off guard. The good news is just an allegation is not enough to strip a father's rights to physical or legal custody of his children.

If you have been falsely accused of abuse as part of a child custody case, there are methods to protect yourself and your child.

1. Ask for Proof of Reporting

If there is an accusation of abuse, ask for copies of a police report, contact with Child Protective Services, photos, or other documentation. If there is no proof, the allegations are likely false.

2. Keep Your Cool 

When a person comes across as overly defensive or argumentative, it can actually make them look guilty. If the claims are unsubstantiated and without proof, all you need to do is calmly denying the allegations.

3. Collect Evidence 

If allegations are made against you, gather any evidence that will prove otherwise. Create a list of names, dates, and locations. Plus, gather receipts and photos. For example, if you can prove that you were at the mall at the time your ex-spouse claims the abuse occurred, you disproved her accusation.

4. Find a Qualified Attorney

It is very important to find an attorney who specializes in Divorce and Family Law, and has real-world experience dealing with fathers' rights and abuse allegations. Only expert legal council will properly protect your interests.

5. Foresee State Involvement 

If there is a claim of child neglect or abuse, it is not uncommon for there to be a child protective services investigation. In many cases, child protective services will swiftly and efficiently uncover the accusations as false.

What haven't we covered yet that is important to you? If you would like to talk about father's rights and dealing with false allegations during child custody, or need more information, please contact us.


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Fathers And Child Support Payments: Can Your Payments Be Modified?

Thursday, December 29, 2016

Child support is a legal obligation that can be paid by either the mother or the father, but mostly, fathers are the ones making child support payments because the majority of children are placed in the custody of their mothers.

There is a method that is used to calculate how much child support the father is responsible for paying. Children deserve to receive support from both parents, and it is important that children receive enough support.

Child support payments are not supposed to be used for the personal benefit of the parent who is receiving the child support, but unfortunately, some parents do not use child support payments to support the children.

When the courts calculate the child support amounts that are to be paid, there are several factors that are taken into consideration. Some of those factors are listed below:

  • The amount of time both parents have the children
  • School expenses
  • Cost of medical insurance
  • Cost of dental insurance
  • The income of the father and the mother

Sometimes fathers are given child support orders that they cannot always keep up with. If a father is not able to make child support payments, he should not stop making the payments that have been ordered. Modifying child support payments is possible, and the father should seek the assistance of the court if he can no longer make the child support payments.

If you find yourself facing child support issues, you should not take matters into your own hands. Contact us today for a consultation.


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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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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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