California Divorce and Family Law

New Mate Income CAN NOT BE CONSIDERED in setting Child Support.

Knowles clarifies and reiterates the law that if you re-marry your new spouse’s income and even their assets may not be considered for purposes of establishing child support. In this case the Husband had joint assets with his wife and his ex-wife tried to get at these assets for child support. The appeals court clarified that the ex-wife could only get one-half of the income from these assets as only one-half was husband’s share of the community property assets. This case clearly sets forth a bright line standard— if you re-marry your new spouse’s income is off limits for purposes of establishing support. 

Furthermore, the Court also went on to state that Capital Gains should not be considered as income when the husband presented evidence as to a reasonable rate of return to his investments. This is an important holding as in many cases there is a supported spouse who has considerable investment income but that investment income is invested in stock or other non-income producing assets. In such cases it is appropriate to argue that the assets could be re-invested and generate a reasonable rate of return, thus lessening the payor-spouse’s liability for support. Child Support Calculator

Voluntary Declaration of Paternity: What It Is and What You Should Know

You are unmarried man and a woman just gave birth to a child that she says is yours. The mother and the hospital staff are asking you to sign something called a Voluntary Declaration of Paternity at the hospital.  What should you do? 

When both unmarried parents sign a Declaration of Paternity, it means they are the legal parents of the child. You have the choice of whether or not to sign the Declaration of Paternity, but once you do, you are recognized as the legal parent. When parents are married, paternity is automatically established in most cases. If parents are unmarried, paternity establishment is not automatic and the process should be started by both parents as soon as possible for the benefit of the child.

If you sign the declaration at the hospital, your name will go on the child's birth certificate, and the mother does not need to go to court to prove that you are the father of the child.  If they sign the declaration after the child's birth certificate has been issued, a new birth certificate can be issued with the father's name.

After a signed Declaration of Paternity is filed with the court, the judge can make orders for child custody, visitation, and child support. Unmarried parents who sign the Declaration of Paternity form help their child(ren) gain the same rights and privileges of a child born within a marriage. Some of those rights include: financial support from both parents, access to important family medical records, access to the non-custodial parent's medical benefits, and the emotional benefit of knowing who both parents are.

Caution! Once paternity or parentage is established, it can be difficult or impossible to undo-even if blood tests later show that you are not the father of the child.

 After parentage is established, you, along with the child’s mother have the responsibility to support the child.  You will be afforded benefits in the right to request custody or visitation with the child. 

 The signing of a Voluntary Declaration of Paternity can have long term implications in your life.  Before you sign one, consult with a lawyer to protect your rights. Dishon & Block’s team of Family Law Attorneys can assist with all aspects of paternity, child custody and visitation