Reducing child support payments in California

Reducing child support payments in California
Reducing child support payments in California.

Reducing child support payments in California is the topic of this blog post.

Any request for an order reducing child support payments in California requires that a request for order or notice of motion be filed and served unless a stipulation and order reducing child support payments in California is signed by both parties and filed with the Court.

Statutory authority for reducing child support payments in California.

The statutory authority for reducing child support payments in California is found in California Family Code section 3651(a) which states that

“A support order may be modified at any time as the Court determines to be necessary.”

Grounds for reducing child support payments in California.

The general rule in California is that a material change of circumstances must be shown before child support can be modified either upward or downward.

California law states that both parents of a minor child are equally responsible to support the minor child in California.  “The father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child’s circumstances.” See Family Code § 3900.  This rule applies to both original orders for child support and modifications.

The California Courts of Appeal have stated in published decisions that that an order reducing child support payments in California can issue in cases where there is an increase in the amount of time the child spends in the obligor parent’s custody such as increased visitation. This is allowable under the theory that all or part of the day-to-day needs of the minor child are being discharged directly by the obligor parent.

Both case and statutory law in California state that the parents’ actual earnings are not necessarily controlling on the question of ability to pay.  “The court may, in its discretion, consider the earning capacity of a parent in lieu of the parents’ income, consistent with the best interests of the children.”  Family Code § 4058(b).

Thus in appropriate situations a California Court can consider the earning capacity of a parent instead of that parent’s actual income.  Appropriate cases would be where the other parent is capable of working despite claiming to be unemployed or underemployed but refuses to work, or the income of the other parent has increased substantially since the date of the last support order.  A deliberate attempt to avoid child support obligations is not required.

And the California Courts of Appeal and the California Supreme Court have held that the only restriction imposed by the California child support statutes is that consideration of earning capacity be consistent with the best interests of the minor child.

In one case decided by a California Court of Appeal the Court of Appeal found no abuse of discretion in refusing to change the monthly income figure of the wife to zero where the facts in the case clearly showed that she quit work upon remarrying but she presented no evidence of any inability to find replacement employment or that her loss of income was otherwise justifiable under the facts in that case.

In another California Court of Appeal case the Court found that the husband had the opportunity to work and imputed income to him on the grounds that he was an attorney who could apply his skills and training to produce income.

If you are considering requesting an order reducing child support payments in California you should be sure to include enough facts and evidence to show a material change of circumstances since the date of the last child support order.

Sample points and authorities to request an order reducing child support payments in California for sale.

Attorneys or parties in California who would like to view a portion of a sample points and authorities in support of a request for an order reducing child support payments in California that is sold by the author can see below.

 

Over 300 sample legal documents for California and Federal litigation for sale.

To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products

The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. He believes in Father’s Rights as he has seen first-hand the incredible bias against fathers in the family law courts in California. He is currently working on creating digital products that will assist fathers both in California and throughout the United States to represent themselves without an attorney in Court regarding custody and support issues.

Follow Fathers rights on Twitter at:

https://twitter.com/Fathersrights16

Follow Fathers rights on Facebook at:

https://www.facebook.com/Fathersrights10/

https://plus.google.com/+Fathersrights

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

 

 

 

The Reality of Paternity Fraud — Fighting Against Paternity Fraud

Man in Great Britain wins a $250,000 pound settlement for paternity fraud.

How Entertaining is Paternity Fraud? Far too often we find entertainment in the suffering of others, without so much as a thought to how the lives of those involved are effected. Paternity Fraud, the act of misleading a man and a child in to believing they are connected through a biological (genetic) bond, is one […]

via The Reality of Paternity Fraud — Fighting Against Paternity Fraud

Great blog post discussing paternity fraud. The laws need to be changed to allow men to either challenge a finding of paternity or revoke any declaration of paternity within three (3) years of discovering evidence that they have been the victim of paternity fraud.

What if the Shoe Were on The Other Foot?

The laws need to be changed to allow for lawsuits to be filed for damages resulting from paternity fraud, including damages for pain and suffering and punitive damages in appropriate cases where the evidence is clear that the paternity fraud was intentional.

Fighting Against Paternity Fraud

There is no scenario that can be concocted which can completely capture a full comparison of Paternity Fraud.  It is a matter of reality, that a man, no matter how hard he may try, cannot easily convince a woman that she is the mother of a child, which was in reality mothered by another woman.  Let’s face it, barring a coma, women are quite well aware of giving birth to a child.  Women are quite well aware of conceiving a child, they know they are pregnant, and they experience child birth.  Men on the other hand, well, they are left to trust the fact that they are in a relationship that has a reasonable expectation of trust, honesty, and commitment that will overpower any level of doubt as to whether they fathered the child their female partner is attributing his fatherhood to.

With that being said, the scenario to be…

View original post 1,311 more words

Man in Great Britain wins a £250,000 settlement for paternity fraud

Man in Great Britain wins a $250,000 pound settlement for paternity fraud.
Man in Great Britain wins a $250,000 pound settlement for paternity fraud.

A man in Great Britain wins a £250,000  settlement for paternity fraud.

Richard Mason received the £250,000 settlement from his ex-wife after he found out that she betrayed him for almost 20 years after he found out that he was not the biological father of her three sons as he had been infertile since birth.

Read the entire original article here:

https://www.thesun.co.uk/news/8130171/man-receives-250k-payout-from-ex-wife-after-dna-test-reveals-he-is-not-the-father-of-her-three-sons-after-21-years/#comments

Stories like this one are the reason that any man that has any doubt whatsoever that he may not be the biological father of his children should research the laws in their state to determine how long they have to contest the finding of paternity and whether their state permits civil damages for paternity fraud.

This story is good news although there are very few states in the United States that have any penalty for paternity fraud which is outrageous.

Over 300 sample legal documents for California and Federal litigation for sale.

To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products

The author of this blog, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. He believes in Father’s Rights as he has seen first-hand the incredible bias against fathers in the family law courts in California. He is currently working on creating digital products that will assist fathers both in California and throughout the United States to represent themselves without an attorney in Court regarding custody and support issues.

Follow Fathers rights on Twitter at:

https://twitter.com/Fathersrights16

Follow Fathers rights on Google Plus at:

https://plus.google.com/+Fathersrights

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

 

 

The Terrorised Child: The Ideological Distortion of Parenting — Karen Woodall

One of the themes which is bubbling up from the media reporting of parental alienation in recent weeks is the ideological viewpoint that children have the right to decide whether they are ‘keen on’ a parent or not. Accompanying this ideological viewpoint is a new phrase, which has also recently been seen bubbling up from […]

via The Terrorised Child: The Ideological Distortion of Parenting — Karen Woodall

 

Steve Ybarra’s Story, Domestic Violence

Having worked in California divorce and other family law cases for over 20 years I have worked on several cases where men were the victims of domestic violence.

I remember working on one case where the client proved with strong evidence that it was his wife that was inflicting domestic violence on him and still the Court Commissioner refused to order his wife to pay his attorney fees that he was forced to incur in defending against false domestic violence allegations.

WARNING: THE FOLLOWING CONTENT MAY BE DISTURBING TO SOME

Steve Ybarra is a Mexican-American man in his thirties who is going through a Domestic Violence situation with his ex, Michelle Ybarra. According to documentation through video, pictures, and witness testimony, Steve Ybarra has been a victim of his abuser for the past three years of their marriage. He is currently in the middle of a divorce and is in the middle of a custody battle of their young son, Leo.


Due to the video being so long, I’m writing out Ybarra’s story. You can watch the full video at the Bottom but it is long and the Microphone STINKS!


Ybarra got married to Michelle, who already had a child from a previous relationship. They were married for a little over three years, during at which time, his friend was telling him he was being abused. It took some time for…

View original post 481 more words

I am a Former Alienated Child… — Peace Not Pas

The following is an anonymous contribution from a former alienated child that approached us, wishing to share her experience of growing up with parental alienation. We have changed the individuals’ names in the following post. I am a former alienated child and I would like to share my story for two reasons. First of all […]

via I am a Former Alienated Child… — Peace Not Pas

Excellent article. If only more former children that went through through parental alienation would share their stories it might raise awareness.