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California Family Attorney Mark H. Rademacher Frequently Asked QuestionsThe following information includes frequently asked family law questions. These questions and answers are general in nature and should not be used as specific legal advice for your case. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For specific questions about your case, contact Mark H. Rademacher today.
How can a parent remedy the frustration of visitation rights? A variety of remedies are available to provide relief to the non-custodial parent who has had visitation rights frustrated. The non-custodial parent can commence an action to show cause concerning contempt for violating the court's order pertinent to visitation. The court also has power to modify support, yet this works a hardship on the welfare of the child. Another alternative is to ask the court to require the custodial parent to post a monetary bond, which would be forfeited if the custodial parent frustrates visitation. Usually a history of frustration of visitation is the threshold that must be shown the court, not a sole incident. When can a child support order be changed or modified? An order for child support can be changed or modified any time there is a material change in circumstances from the time that the existing child support order was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent's financial situation - such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child - such as large medical expenses, need for special education, or other unexpected requirements. A child support payment could be modified by stipulation between the parents (as long as guideline support factors have been accounted for) or by a noticed court hearing. What happens to a father who refuses to pay court ordered child support? Under the Child Support Enforcement Act of 1984, it is against the law for any father, presumed or assumed, to not pay court ordered child support to the custodial guardian, regardless of joint custody. Federal laws permit the interception of tax refunds to enforce child support orders, and other methods of enforcement include wage attachments, seizure of property, suspension of a business license and possible driver's license revocation. In the event that none of these attempts are entirely successful, the court of law that issued the child support order can hold the father in contempt and, in the absence of a reasonable explanation for the delinquency, impose a jail term. Call Pasadena, California child support lawyer Mark Harold Rademacher today to help protect your legal rights. Can I object to the terms my spouse has requested in our divorce? Yes, you (along with your attorney) can reject the terms of your spouse's offer. On receiving an objection to the establishment of a family law attorney's settlement, the California divorce court may at its own discretion determine whether the case involves complex or substantial issues of fact or law related to property rights, visitation, custody, or support. If the California divorce court finds that the case involves one or more of these complex or substantial issues, the court may implement a case management plan. Should I make a prenuptial agreement with my future spouse? The answer to that depends on your specific circumstances, and on the two of you as individuals. Financial planners and divorce attorneys argue that prenuptial agreements should be considered if any of the following particulars apply: there are children involved from a previous marriage, there is an individual ownership of a business or family company, there are significant individual assets or a substantially unequaled income between parties, or there is concern about a future spouse's personal debt. Since laws about what constitute marital property and what governs the division of assets after marriage varies from state to state, a prenuptial agreement can work as a legal protection mechanism for both parties. Often, prenuptial agreements are misunderstood. It is argued that prenuptial agreements are an attack on trust, or evidence that financial matters outweigh the presence of love in a marriage. This is not necessarily true. Most prenuptial agreements are made by couples who want to bypass the mandates of court in the event of a divorce or death, or couples who have children or grandchildren from prior marriages and want to ensure that individual property such as businesses or estates pass down to the family rather than the spouse. Regardless of the circumstances, prenuptial agreements are a comprehensive decision, and should be approached bereft of emotional misconceptions. Can a prenuptial agreement be modified after marriage? Yes. Any terms of a prenuptial agreement can legally be altered or modified in the future, if both parties so decide. Other terms of the prenuptial agreement not altered will remain intact, unless both parties revoke the entire agreement in writing. And some states will alter prenuptial agreements without party involvement. For example, prenuptial agreements can become void one and a half years after the parties to the contract become parents, unless the agreement is later renewed in writing by said parties. As prenuptial agreements are becoming increasingly common, so are similar documents called post nuptials agreements. Post nuptials agreements are much like prenuptials, but are drafted and signed after a couple has been married. Post nuptials can be drawn up at any time during the course of a marriage, and can be altered in the same way as a prenuptial agreement. Is a father who never married the mother still required to pay child support? What if the father is not allowed to see the child? Regardless of marital status, an "assumed father" is any biological father of a child for whom paternity has been established by either the admission of the father or paternal testing. Assumed fathers are required to pay child support. Additionally, a man who never marries a child's mother, but welcomes the child into his home and supports the child as his own may gain a "presumed" father status, and typically, the presumption of paternity holds the same rights and responsibilities of an assumed father, in regard to parental liability and monetary support. Every parent has a financial obligation to support their children and child support should never be confused with custodial or visitation rights. There is no state that permits a parent to withhold child support because of disputes over custody or visitation. If a non-custodial parent believes their rightful child visitations are being disrupted, it is recommended to contact an attorney to file a claim against the custodial parent in a court of law, rather than stop making child support payments as a form of retaliation. However, in the event of parental kidnapping, in which the custodial parent completely disappears with the child, any wage garnishments or income attachments as made for child support on behalf of the non-custodial parent would cease. Take Action to Protect Your Rights: If you or a loved one is facing a divorce or child custody case in Pasadena, Alhambra, Arcadia, Glendale, Altadena or the surrounding cities in the Los Angeles metropolitan area and you need the help of an experienced family law attorney, call Mark H. Rademacher today at 866-435-3790, or complete the contact form provided on this site to arrange for an initial consultation. |