Gordon Family Law believes that an informed client can make better choices, both financially and emotionally. You can see a complete list of every answered question at our Article Hub. If you have a question not answered, please email amanda@gordonfamilylaw.com. This Blog is not intended to be used as legal advice, please note that case law and statutes change over time and information on this website may not be current. While we hope you find this information helpful, it may not necessarily apply to your situation and we recommend that you speak to a family lawyer about your specific case.
Can I be arrested for failure to pay child support?
/Over the weekend, the Rapper DMX was arrested for failure to pay $400,000 worth of unpaid child support. See the story here: http://time.com/3939090/dmx-arrest-child-support
Is that possible? Yes. Experienced family law attorneys will explain that the failure to pay your child support may result in criminal penalties and even jail time. California law provides that the willful failure to provide for a child under the age of 18 is a misdemeanor with a maximum punishment of 1 year in the county jail and a $2000 fine. Pen C §270.
If you are unable to make child support payments and you fail to appear in a court process to explain why, the Court can issue a warrant for your arrest based on contempt. If you are having trouble with your payments due to a change in your employment circumstances or other financial strain, you can approach the Court and ask for a modification of your child support payments. The Court uses a guideline scale based on a computer program to estimate child support payments and will grant you relief if you meet certain criteria. If your ex spouse claims that you cannot see your children based on your failure to pay child support, you should consult a San Francisco Family Lawyer who can help you adjust your payments and figure out how much you owe if you are behind.
Do you need a QDRO?
/Your retirement account could be a big ticket item during a divorce. Experienced family law attorneys will tell clients that pensions and related retirement benefits are vital assets of high value that should be addressed whenever one or both spouses have been employed during marriage. Clients may be told by an attorney that they need a QDRO (pronounced QUADRO). A QDRO is a qualified domestic relations order, which is a fancy description of what amounts to a court approved document that tells your Pension where the money should go after a divorce. This is another family law process that can cost between $1,000 and $2,000 dollars. But when do you actually need a QDRO? This chart shows when you need a special QDRO or when you can divide the pension without a QDRO. Make sure you know what type of retirement account you have before you walk into an attorney's office.
My ex - remarried - do I get to stop paying support?
/Yes. Under California law spousal support terminates on an ex spouse's re-marriage even if that event is not listed in judgment as a terminating event.
This means, even if you fail to specify in your settlement agreement that support will end on re-marriage - you can still stop payments at that date. Marriage of Thorton (2002) 95 CA 4th 251.
Contact amanda@gordonfamilylaw.com for more information.
My marriage only lasted 2 years, do I have to pay temporary spousal support?
/Maybe. Experienced family law attorneys will tell clients that temporary spousal support can be ordered by a Court even in a short time marriage. The party seeking support is required to show that the need for support exceeds his/her available resources.
Under California law, spouses are obligated to support each other during marriage. Fam C §720. While an action for dissolution of marriage or legal separation is pending, the court may order either spouse to pay an amount necessary for the support of the other. This is called Temporary support - or support Pendente Lite - to maintain the status quo of the parties until the divorce is final. There are no statutory requirements to determine the propriety and amount of an award of interim or temporary spousal support. Rather, any such award is based broadly on the issues of need and ability to pay. Marriage of Dick (1993) 15 CA4th 144, 165.
In most California counties - there are Superior Court schedules establishing temporary spousal support. However, the Court does not rely on these schedules for permanent spousal support. Each case is different, so contact a family law attorney to talk about your specific case.
Contact amanda@gordonfamilylaw.com for more information.