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November 2016 Archives

Stevie J to ask for primary custody and child support

When a San Jose mother is not married to the man who she believes to be her child's biological father, the man may have to submit to a DNA test in order to confirm paternity. It appears that producer and reality television star Stevie J will have to do just that after reality television star Joseline Hernandez has her baby.

How to find those hidden assets

You and your spouse decide to split up, and he or she puts together an initial financial statement detailing what half of the assets looks like. You take one look and your gut tells you there's no way that's really your fair share. You must have more coming your way.

What are the benefits of establishing paternity?

In California, a child born to married parents will in most situations have the husband listed as the father on official birth records. Unmarried parents, however, must take specific action to establish legal paternity. By choosing to sign a form called a Declaration of Paternity, the parents will provide their child with the same rights as a child born within a marriage.

Divorce rate continues to fall

According to information in a recent study released by the National Center for Family and Marriage Research at Bowling Green State University, the divorce rate in California and the rest of the U.S. has fallen for the third straight year. In fact, 2015 had the lowest divorce rate in over 35 years.

Nicole Curtis' child custody disputes with her ex-husband

San Jose residents who watch the HGTV show 'Rehab Addict" may be familiar with Nicole Curtis. The 40-year-old is involved in a custody battle over her 1-year-old son with her ex-boyfriend, 54-year-old Shane Maguire. After their son was born in 2015, Maguire filed a paternity complaint to prove that he was the father, and Curtis petitioned the court for a child support order.

Divorce can be expensive

When San Jose spouses decide to end their marriages, finances are often a top concern. This applies in particular when the couple has significant assets. Depending on the situation, and whether the couple has a prenuptial agreement, the stakes can be high.

Employers will soon access more efficient child support portal

As of Oct. 31, employers in San Jose and elsewhere across the country may be finding it easier than ever to process child support withholding due to an online portal that has been released by the federal Office of Child Support Enforcement. As a result, payroll practitioners are expected to enjoy at least one major benefit through use of the portal, which can be measured as time saved during what has sometimes been viewed in the past as an inefficient, cumbersome process.

The dangers of asset depletion in a divorce

For some people in San Jose who are getting a divorce, dissipation of assets may be a concern. This happens when one spouse wastes marital assets in an attempt to keep the other spouse from getting anything of value in the divorce. California divorce summons come with an automatic temporary restraining order issued by the court that is supposed to prevent dissipation of assets among other actions. However, in some cases, a dissipation of assets may have occurred prior to the ATRO, or a person may still need to prove that the dissipation has taken place.

5 myths to dispel about domestic violence

Domestic violence reaches its tentacles into families along all levels of the income spectrum. It has a particularly demoralizing effect on children in homes where there are incidents of abuse by one spouse or parent toward the other. Learn how the following five myths could potentially affect your custody case in the California courts.

The Hague Convention and international child abduction

California parents who are in a custody dispute and who are concerned about international abduction might wonder how the Hague Convention protects them and their children. Although one parent may have custody, this court decision is not necessarily recognized in other countries. The Hague Convention is set up to provide a framework for legal systems from different countries to work together to resolve a dispute.

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