Family Law Frequently Asked Questions of San Diego, California Family Law Attorney Peter Mueller
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, please contact San Diego divorce Attorney Peter Mueller today.
- Do I have to go to court to obtain a divorce?
- Will I be responsible for attorney fees if my spouse has initiated a divorce?
- Can I object to the terms my spouse has requested in our divorce?
- 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?
- What happens to a mother who refuses to pay court ordered child support?
- Are there different types of adoption?
- What is the first step for me to take in my family law case?
Do I have to go to court to obtain a divorce?
A court of law is the only way in which one can obtain a divorce decree, dissolution, legal separation, nullity, or other form of terminating a marriage in California. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal maintenance (alimony), child support, restraining orders, etc.
Will I be responsible for attorney fees if my spouse has initiated a divorce?
Not always. Courts allow a spouse who lacks the financial ability to hire an attorney to request that the court order the other party, if that other party has the financial ability, to pay a reasonable amount to allow the unrepresented party to retain an attorney in a timely manner before proceedings in the matter go forward.
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.
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. For more information about complicated child custody and visitation issues in California, contact San Diego family law Attorney Peter Mueller.
What happens to a mother who refuses to pay court ordered child support?
Under the Child Support Enforcement Act of 1984, it is against the law for any mother 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, and 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 mother in contempt and in the absence of a reasonable explanation for the delinquency, impose a jail term. California family lawyer Peter Mueller can answer more specific questions about your case at your free initial consultation.
Are there different types of adoption?
Adoptions takes place in various forms, and are generally classified as independent, agency, step-parent, relative placement, and adult adoption. Independent adoption occurs when birth parents and adoptive families find each other on their own or through the help of an adoption intermediary; i.e., a pastor, family friend, or doctor. Agency adoptions are handled through a child placement agency and approximately two-thirds of all adoptions in the United States are arranged through agencies.
In a step-parent adoption, the family adopting is a birth parent with a new spouse; this usually succeeds a divorce or spousal death. Adult adoption is the process whereby a person eighteen years or older is legally adopted by one or more persons eighteen years or older, and relative placement adoption occurs when the birth parent(s) is still a minor, has died or is disabled, or the child has been removed due to abuse and neglect and another relative assumes physical custody and responsibility for the child. For more information about adoption in California, contact San Diego adoption lawyer Peter Mueller.
What is the first step for me to take in my family law case?
If you or someone you know in the San Diego Area or anywhere within the state of California needs the assistance of an experienced family law attorney to guide you safely through a trying legal matter, contact San Diego family lawyer Peter Mueller today, at 866-435-5962, or use the contact form provided on this site to begin a free half-hour consultation and evaluation of your family's legal needs.
