Request Modification of Your Divorce Decree

Request Modification of Your Divorce Decree

Pierre Domercq Post Decree Modifications

How do you request modification of your divorce decree for child custody & parenting time, child support or spousal support?  Why won’t the Court hear every request for these changes? If a change is minor and both parties are in complete agreement you may file a motion requesting the change and approval by the Court.  This simply requires the review …

Child Support End for a Child Who's Reached Legal Age

When Does Child Support End for a Child Who’s Reached Legal Age?

Pierre Domercq Child Support

We are often asked “When does child support end for a child who’s reached legal age in North County?”  The general reason for child support during and after a divorce is to fulfill your responsibility to financially support a child until adulthood.  As your child moves into the final years of high school or approaching 18 it is time to …

raise or lower child support after a divorce

When Can You Seek to Raise or Lower Child Support After a Divorce?

Pierre Domercq Child Support

When can you seek to raise or lower child support after a divorce?  California family law establishes a specific formula known as the guideline calculation of child support.  Generally speaking, guideline child support is based upon several factors but primarily the income of each parent and the amount of time the child will spend with each party after the divorce.  …

Court Order a Stay At Home Mom to Get a Job

Can The Court Order a Stay At Home Mom to Get a Job After a Divorce?

Pierre Domercq Divorce

Can the Court order a stay at home mom to get a job after a divorce?  What is a “Gavron Warning” and what impact can that have upon a spouse who hasn’t worked for several years or who stayed at home to care for the children? Generally speaking, California holds parents equally responsible for providing for their children after a …

Child Support is Statutory and Must be Considered in Every Case

Child Support is Statutory and Must be Considered in Every Case

Pierre Domercq Child Support

In is important to understand child support is statutory and must be considered in every case involving children of divorce.  The State of California family law code firmly establishes the responsibility of a legal parent to provide for their child(ren).  California has established a complex child support guideline calculation which considers all sources of net income for both parents.  The …

How is Child Support Calculated in Carlsbad and North County

How is Child Support Calculated in Carlsbad and North County

Pierre Domercq Child Support

How is child support calculated in Carlsbad and North County San Diego?  California family law provides very specific guidelines and a complex formula for the calculation of child support.   North County and Carlsbad divorce cases require these calculations to be completed to the letter of the law. From that point forward, deviations can be negotiated based on numerous factors including …

How Does Remarriage Affect Child and Spousal Support Payments

How Does Remarriage Affect Child and Spousal Support Payments in Carlsbad and North County?

Pierre Domercq Spousal Support

How does remarriage affect child and spousal support payments in Carlsbad and North County family law courts?  What usually happens in these cases? Lets begin with the conversation regarding child support.  California family law was modified in the early 1990’s to specify that the Court cannot consider the income of a new spouse or non-marital partner (i.e. living together) as …

Child's Best Interest

Child’s Best Interest

Pierre Domercq Child Support

I keep hearing that North County child custody orders are based upon whatever the Court determines is in our child’s best interest or the best interest of the children.  What does that mean?  Is the term Child’s best interest defined somewhere? There is no statutory definition of “best interest of the child.”  Cal. Rules of Court, rule 5.2 (b)(7) defines …

Needed to Modify Child Support in North County

What is Needed to Modify Child Support in North County San Diego?

Pierre Domercq Child Support

What elements are needed to modify child support in North County San Diego?  Our Family Law Courts will not simply accept every case or hear every request for modification of child support.  Child support orders are contained within the “Settlement Agreement” of your divorce paperwork.  In many cases, the specific verbiage in the agreement establishes the “Status Quo” for both …