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Placer County California Divorce Law Blog

Lawsuit asks Flo Rida for 7 months of child support

California fans of rapper Flo Rida may have heard that a woman has filed a child support suit that involves him. The two had a relationship from December 2015 to January 2016. In September of that year, their son was born. A paternity test the following December named Flo Rida as the father, and reportedly, the results of the test were included in the lawsuit.

However, despite the results of the test, the rapper has not yet acknowledged the child as his. The suit alleges that he owes seven months of child support.

How to fight for child custody

Even if California parents who are ending their marriage would like to avoid a custody battle, in some cases, it might not be possible. The other parent may be unwilling to compromise, or the relationship may simply be so hostile that the couple unable to negotiate a custody and visitation agreement. If this is the case, then a judge will make a decision about custody.

Parents can take steps that may increase the likelihood that they will get custody. They might want to hire an attorney and review custody laws. If there is documentation that supports their custody bid, they should bring it to the custody hearing. Showing an ability to compromise with the other parent may also help. Even how a parent dresses and behaves in court can have bearing on the judge's decision.

The process of collecting back child support

California noncustodial parents who have been ordered to pay child support may find that the other parent has filed a request for retroactive support as well. If they have receipts that prove they have kept up with support, they can provide these as evidence. If they can demonstrate that they have helped provide necessities such as food and clothing, the court may take this into consideration. They might also show that they have provided support in a non-monetary way, such as through child care.

It is generally a good idea for parents to keep receipts in the event of such a dispute. Documentation such as communication records that show that support was given or even a witness who can confirm support may help if there are no receipts.

Physically disabled parents and child support

The obligation to pay child support does not disappear when the paying parent suddenly has a physical disability. California parents who pay or receive child support payments should be aware of their options in the event they find themselves in this situation.

Some individuals who become physically disabled receive disability benefits, typically from their employer. Any child support payments that they have to pay will most likely be modified based on the amount of their benefits, which is usually less than the income they had been earning before.

When a custodial parent dies in California

Family law attorneys handle many different types of cases, including those dealing with child custody modifications, but changes in custody may occur for many reasons. One instance would be when a child experiences the death of his or her custodial parent. A new guardian would need to be appointed as the responsible party until the child reaches adulthood.

However, there could be several parties interested in raising a child who has lost the custodial parent . The non-custodial parent may desire full responsibility of the child, if this person has been established, or there may be grandparents or other relatives who seek guardianship of a child in this situation. It is possible that a family friend, also known as fictive kin, requests to become the guardian of a child whose custodial parent has died.

Child support payments and the DPPA

California custodial parents who are not receiving child support might wonder what options are available to them. If the other parent has moved out of state to avoid payments and if certain other conditions apply, it might be possible to prosecute the parent under the Deadbeat Parents Punishment Act. This federal law was established in 1998.

The other necessary conditions for using the DPPA are that it must have been more than a year since the parent paid support and the parent must owe over $5,000 or it must have more than two years and the parent must owe more than $10,000. For a first offense, a parent may be imprisoned for up to six months. The parent might serve up to two years for a second offense.

Dean McDermott could go to jail over child support

Following a March 10 court hearing in a California court, Dean McDermott, Tori Spelling's husband, was ordered to pay half of the child support that he owed to his ex-wife. If McDermott does not pay, his ex-wife could go back to court and have him taken to jail for contempt of court.

McDermott reportedly stopped paying child support for his 18-year-old son in October. He told the court that he had suffered some financial reversals. He was ultimately charged with contempt of court every time he missed a payment. However, those charges were ultimately dismissed. During this court date, McDermott was read his Miranda rights after he was held in contempt.

Reducing divorce conflict for the sake of the children

The decisions involved in custody and creating a parenting plan are often the most contentious ones in a California divorce. Both parents tend to feel that their plan for the future of the child is the best. However, it may be that in some cases the conflict over custody and plans causes more damage to the child than could be mediated by the best plan. There are some strategies to help parents avoid causing unnecessary stress and emotional turmoil to their children during divorce.

Most efforts to improve the child's well-being during a divorce revolves around reducing the risk of open fighting in front of or passive triangulation using the children. An early step is for parents to either make or request a judge to make temporary orders for custody and support. Detailed temporary orders that include visitation rights, schedules and physical custody will reduce the risk of conflict.

Issues related to bringing children home safe

California parents are not allowed to remove a child from the United States in an effort to restrict another parent's rights. Parents are also not allowed to detain a child in another country to interfere with another parent's right to their child. Those who take such actions may be guilty of international parental kidnapping, and they could face up to three years in prison.

If the other county recognizes the Hague Convention, its terms may determine how and when a child is returned to the United States. However, it often takes negotiation and diplomacy to return a child back home to his or her mother or father. While parents may choose to recover their children by themselves, doing so could result in being taken into custody and imprisoned in a foreign nation.

Fathers behind on child support see their kids less often

California parents may be interested in a study showing that fathers who are behind on their child support payments see their children less often, are more likely to have kids with multiple partners and work fewer weeks per year. The study was published in the Journal of Marriage and Family in February.

Researchers at Cornell University and nonprofit organization Child Trends examined data from the Fragile Families and Child Well-Being Study, which surveyed 4,897 urban families who had children between the years of 1998 and 2000. They focused on approximately 1,000 noncustodial fathers, and they found that about 30 percent of them were behind on their child support payments, with an average debt of $7,705. They also found that dads who were delinquent on their support payments averaged five fewer work weeks each year than fathers who were current with their payments. Further, delinquent dads were more likely to have spent time in prison and to have fathered children with more than one partner. The quality of the father's relationship with the mother, his mental health and the number of weeks he worked were all linked to child support delinquency and lower paternal involvement, according to the authors of the study.

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