California Family Law Attorney William R. Fuhrman
Frequently Asked Questions

The 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 San Diego, California family law Attorney William R. Fuhrman.

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.

How are Custody issues decided?

In all child custody disputes filed in San Diego County courts, the parents are required to have a mediation with Family Court Services, an arm of the court. Mr. What occurs in the mediation will have a major impact on the short term and long term child sharing orders. Accordingly, Mr. Fuhrman prepares his clients for what to expect and how to best advance their position in the mediation. The mediator will prepare a written report for the court hearing, which will contain the agreements reached in the mediation and/or the mediator's recommendations for orders the court should enter to resolve the issues in dispute. The parties are entitled to a copy of the report 10 days before the hearing.

What about visitation?

Generally a court will grant reasonable visitation rights to a parent unless it is shown that the visitation will be detrimental to the best interests of the child. A non-parent can in the discretion of the court also be granted visitation rights if he/she has an interest in the welfare of the child - this is generally divided into the area of grandparents, stepparents and other non-parents. It should be noted, however, that this is discretionary. The court may also approve visitation plans and restrictions considering factors relevant to the best interests of the child. Call San Diego, California child custody lawyer William R. Fuhrman today to help guide you through child visitation procedures.

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. This is not a favored alternative. The court also has power to modify support, yet this places a hardship on the welfare of the child and is similarly not favored. 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.

How is the amount of child support determined?

Federal law now requires that the amount of a child support payment be set in accordance with guidelines. Having guidelines is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other. San Diego, California child support lawyer William R. Fuhrman will safeguard your legal rights and fight for what is fair.

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 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.

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 which 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 going through a divorce or child custody case in San Diego County, Orange County, Riverside County or within the surrounding cities and counties of Southern California and you need the help of an experienced family law attorney, call William R. Fuhrman today at 866-615-3190, or complete the contact form provided on this site to begin your free consultation.