Yes. If a spouse is not following a court order regarding child or spousal support a wage garnishment from a divorce can be ordered. In order to do so the party seeking a wage garnishment from a divorce must file a motion to the court requesting a writ to collect support arrearages. The paperwork is […]
Orange County Family Law Attorney
Which spouse is responsible for credit card debt after a divorce?
Distribution of credit card debt after a divorce is made by the court based on when the debt was incurred and what it was secured by. However, whether the credit card companies will honor the court’s finding of debt distribution is another issue completely. Technically, the character of credit card debt after a divorce is […]
Can I get married to someone else before my divorce is finalized? Is this done through a bifurcation of marital status?
Believe it or not the answer is yes. A person can technically get married to someone else before their divorce is officially finalized. In California the Divorce Laws allow for the parties in a marriage to bifurcate their marital status before the divorce is actually finalized. What this means is that the parties can get […]
Can I take my kids out of California during a Divorce? Or do the Automatic Temporary Restraining Orders (ATROS) prevent it?
The short answer is that a parent can take a child out of the state of California during a divorce only if the other parent gives written consent or the court issues an order allowing it. This is because the Automatic Temporary Restraining Orders (ATROs) prevent such conduct. Here is the law and why it […]
Can Non Parents Request Child Custody or Visitation Orders for a Child?
Yes. Believe it or not the law is broader in this area then one might think. Child Custody or Visitation is not limited to the natural parents of the child. For example, adoptive Parents, Presumed Parents, and even same sex couples can request custody or visitation. Here is a general overview: Natural Parents A child’s […]
Can I Reduce my Child Support If I can No Longer Afford to pay? How is it done?
Generally, the answer is yes, a person may modify child support if they can no longer afford to pay or if there have been other circumstances that have changed since the order was made. In order to modify a court order for child support, the party seeking the modification bears the burden of proof to […]