Family Law FAQ's

*Family Law FAQ's*

When facing a tough family law issue like a complex divorce involving a lot of assets the thing you do not want is an attorney that just files motion after motion running up your bill and the other parties as well. What you want and need is an attorney that is familiar with the other side. In other words they know how opposing council works and what their tactics are, as well as an attorney that understands your goals and needs and works to find the best solution for you. So with that said here are some Frequently Asked Questions in Family Law.

How will my child support amount be determined?

There are several variables set forth in the Family Law Code that come into play and become relevant in determining the amount of child support that the payer parent will be required to pay. These variables range from state to state so please check with a local attorney for specifics to your city.

These variables include:

• The amount of money each parent earns
• The percentage of time each parent has with the child or children
• Whether day care monies are spent to care for the child or children during the day and when the parent or parents are working
• Health care costs paid by the parent or parents
• Union dues paid by the parent or parents
• Etc..

How Long does Child Support Last?

Generally speaking, child support is typically paid by the payer parent until the child or children reach age 18 and are out of high school.

Should I move out of my marital home?

There is no legal reason to move out of the marital home unless things have gotten to the point where there is a chance that domestic violence may occur. This issue can become very complicated and have several legal ramifications. You should consult an attorney before you make a move either way.

My spouse had an affair. Do I need evidence of this for my divorce proceeding or to fight for custody?

This will depend on what state you live in. Example, in Sacramento, California we have a no fault jurisdiction which means that it doesn’t matter which party is at fault in causing the marriage to fail. Additionally, an affair by one parent will not be an issue in a custody battle unless either parent can establish that the presence of the spouse’s new friend is somehow detrimental to the health, safety, welfare and/or best interests of the children.

Can I get child support before my divorce is final?

Yes. You can receive court ordered child support typically within 2 to 3 months of filing your Petition for Dissolution of Marriage and Order to Show Cause. These can be for: Custody, Visitation, Child Support, Spousal Support and Attorney’s Fees. Remember, the sooner you file for Dissolution of Marriage or Legal Separation, the sooner you will be able to collect child Support.

How long will it take for my divorce to be finalized?

This too depends on many factors. The complexity of the case, whether there is a “custody battle”, whether assets have to be sold or whether the parties can agree to split their community property without court intervention.

Will my kids have to testify to anything or appear in court?

The short answer is no. The courts typically do not want the children testifying in court. If the court wants to hear from the children the court may appoint minor’s counsel to meet with and represent the children in court so that a court appearance is not required of the children. If the court does want to hear directly from the children, the court will conduct an in camera proceeding. This means that the judge will meet with the child or children in his chambers and without the need of placing the child or children on the witness stand.

Will my spouse and I have to sell our home?

Not necessarily. If one of the spouses can financially afford to buy out the other spouse’s equity interest in the house, then that spouse can refinance the home and pay off the seller spouse’s equity interest in the house.

Do I qualify for spousal support?

Some people still refer to spousal support as alimony. Basically they are referring to the same thing. Additionally jurisdictions differ from state to state. Generally speaking, if you are the spouse who earns less than the paying spouse, then chances are pretty good that you can collect spousal support. If you are a stay at home mom or dad and the other parent is the primary earner, then you will probably receive spousal support for a certain period of time. The amount of time you receive spousal support will generally depend upon how long you were married and how qualified you are to return to the work force and become self supporting.

How long does spousal support last?

It depends on how long the marriage was and how long it will reasonably take you to become self supporting.

Will it hurt me in my divorce proceedings if I am dating someone new?

No.

These questions and answers are designed for you to have a basic understanding of what you might be looking at if you are facing a family law matter. Please visit our attorney search directory to find a qualified local family law attorney for you. Most of the family law attorneys in our directory offer free consultations.

Good luck folks and I hope you never have to go through a family law issue but remember if you do make sure you get quality representation.