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 …

Former Spouses Agree to Waive Child Support

Can Former Spouses Agree to Waive Child Support in a San Diego Divorce?

Pierre Domercq Child Support

Can former spouses agree to waive child support in a San Diego divorce?  If the couple has evenly split the assets and is sharing parenting responsibilities will that suffice? The short answer in most cases is simply “no.” California family law specifically addresses this issue.  Parents are not allowed to waive child support, and in some cases this can actually …

Filing taxes after a divorce

Filing Taxes after a Divorce can be Trickier than You Think

Pierre Domercq Divorce

Just about everyone knows that getting a divorce is a complicated undertaking. So too can filing taxes after a divorce in North County.  And while most people generally consider these two to be non sequiturs, some of our readers are quite familiar with the fact that these two coincide quite frequently and can compound frustrations. That’s because there are a …

Forged documents complicate the situation for a divorcing couple

Forged Documents Complicate the Situation for a Divorcing Couple

Pierre Domercq Divorce

Forged documents complicate the situation for a divorcing couple in Carlsbad, Encinitas, Oceanside or Vista.  Imagine that you are a service member in one of the branches of the United States armed forces and are currently deployed.  On top of worrying about yourself, you’re also thinking about the divorce papers that were recently sent to you by your spouse. Although …

Why Should an Unmarried Father in Cohabitation Consider Paternity

Pierre Domercq Paternity

Why should an unmarried father in cohabitation with his significant other consider a paternity action in North County? In the past 17 years the number of cohabitating, unmarried couples has almost doubled. More than 40% of the children born in the United States last year were born to an unmarried couple. This has become the standard for more and more …

Calculating California “Guideline” Child Support

Pierre Domercq Child Support

How much will you be required to pay or receive in child support after a divorce in Carlsbad or anywhere in North County San Diego? What should you know about calculating California “Guideline” child support and why is this an important starting position in a divorce? In order to complete the information entry in the calculator you will need to …

Thinking Through Issues of Support Before a Divorce

Pierre Domercq Spousal Support

Many people are contemplating their life and their options regarding the end of a marriage at this time of year. Historically, divorce filings are heaviest in the first 3 months of a year. That means people are often reflecting over the holidays regarding a coming divorce. What financial questions should you be considering? It is obviously much more expensive to …