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Is my Child Support Affected if my Ex Remarries?

Child support payments are legally enforceable through court orders.

The parent who does not have custody is usually ordered to help pay for the expenses of raising his or her child, such as food, clothing, housing, and medical care. What happens if the mother of the child remarries and her new husband wants to adopt her child?

A child is the responsibility of the birth parents, not a new spouse for either one of the parents. A new stepfather is not responsible for children that are not his biological children.

Remarriage does not affect a father’s responsibility to continue to pay his fair share of the child’s necessary support.

However, the only way the biological father can get out of paying child support is if he signs over his rights as a parent. The mother has to agree to this as well. If the biological father is willing to terminate his rights, you may seek a termination of parental rights and stepparent adoption.

If the termination occurs, any child support obligation ceases. If there is no agreement, you must proceed with a contested termination of parental rights, which can be much more difficult. There is hope though – abandonment financial and physical may be a basis for such an action.

Then, if the stepfather adopts the child legally, financial responsibility of the child becomes his and the order for child support should be closed at that time for the biological father.

It’s not at all unusual for the non-custodial parent who has little or no relationship with his child to consent to the adoption of that child by a stepparent. Not always, but often, the adoption comes after the non-custodial parent has repeatedly failed to pay court-ordered child support.

In the event of a divorce between the mother and her new husband, the father who adopted the child would still have to pay support.

If you have remarried and your new husband wants to adopt your child, it would be wise to consult an experienced family law attorney to discuss your legal rights and options. Every case is different. Contact the family law offices of Holstrom, Sissung, Marks & Anderson for the help you need. Let us guide you through these complex issues so you can focus on moving forward with your life.

To learn more visit us online, send us a message, or call us we are Southern California’s Top Family Law Attorneys Holstrom, Sissung, Marks & Anderson APLC.

Child Support

Managing Your Child's Technology

It’s a popular opinion that being a parent is the hardest job in the world. So what does that say about co-parenting…? Most people with children who have divorced or separated can attest the challenge that it truly is. It can take the complications to a whole new level. So we’re trying to make co-parenting a little less struggling for our readers here in San Bernardino County with a few tips. This article is brought to you by information shared from child psychologist Dr. Kate Roberts regarding how to manage a child’s use of technology as a divorced parent.

Joint custody is becoming more popular and often there is no “one parent” with primary custody. However, since parents often disagree this can clearly be a challenge. And now we add technology to the equation. In a semi-real way, when parents have different rules about technology use, kids can be switching from feeding their technology addiction to going through withdrawals when they switch households.

If you have different tech rules for your child than your ex does, here are a few tips:

  1. Accept the fact that you can’t control what happens at your ex’s house. It’s not your house and you don’t make the rules there, so stop trying.
  2. Focus on staying consistent under your own roof. If you stick to a policy, your kids will start to understand that that’s the way it is when they’re in your home.
  3. Expect your kids to pushback and struggle with your rules if they are stricter than your ex’s limits for the kids. They’ll want to get you to bend on your standards, but if you stay firm they’ll eventually accept it as fact.
  4. Don’t try to justify yourself, explain why your rules are right and why your ex’s are wrong. It’s not an argument worth having or one you’re guaranteed to win, so simply state that your rules are different than their mom/dad’s and leave it at that.
Child Custody / Child Support / Co-Parenting / Divorce / Single Parenthood

Adoption vs. Guardianship

There are major differences in the rights and responsibilities between being a guardian and fully adopting a child.

While one gives an individual the responsibility to act as a temporary parent of a child, the otherpermanently relinquishes the rights and responsibilities of a child’s biological parents.

It is important to understand these differences if you are considering either one of these legal processes because the smallest mistake can completely change a child’s life.

In a Guardianship:

  • The biological parent is still afforded parental rights and are allowed contact with the child
  • If the parent becomes capable of caring for the child again, a guardianship can be terminated
  • The court can require supervision of guardians

A legal guardian assumes all responsibilities that a parent would have, including providing financial and emotional support for the child and consent to medical treatment if necessary – in addition to all the basic necessities required to survive on a day-to-day basis.

In an Adoption:

  • The biological parent’s rights permanently end
  • The relationship between the adoptive parent(s) and child is permanent
  • The law regards the adoptive child as it would a biological child of the family
  • The adoptive child is eligible to inherit from the adoptive parent(s)
  • There is no court supervision over adoptive families

With the adoption process, both legal custody and legal responsibilities are transferred from the biological parents to the adoptive parents. The biological parents of the child lose all of their rights and responsibilities.

The most important difference between guardianship and adoption is that guardianship can be temporary and is often reevaluated periodically to ensure the child’s best interests are being taken care of, while adoption is a permanent legal transference of custody.

If you have questions regarding either one of these processes, contact the family law offices ofHolstrom, Block & Parke. We are experienced and knowledgeable in child custody cases and can guide you through the adoption or guardianship process while ensuring that your legal rights are protected. We are committed to fighting for you.

Call us today at one of our offices located in San Bernardino, Riverside, or Orange County or, contact us online.

Child Custody / Child Support

Having Children Out Of Wedlock

I have been asked what rights each parent has if the child is born out of wedlock.

Once upon a time it was unheard of to have children when a couple was not married. It was frowned upon; it was considered to be a “sin.” It was not that long ago when babies followed marriage and couples would marry upon discovery that the woman was pregnant.

Today is different. Society has changed. Today we have the largest number of unwed parents in our history, including many celebrities, such as Angelina Jolie and Brad Pitt. Although society has accepted this trend, the law has not. It may not affect multi-millionaire unwed celebrity parents, but it does have an adverse effect on the average unwed parent.

It used to be when a girl got pregnant, the dad would call for a “shotgun” wedding – insist that the boy marry his daughter or else. Today, very few know what that expression means, let alone attend one.

Things have changed in society – many individuals are putting off marriage until a later date or not considering it at all. Living together without a marriage license seems to be ‘in’ these days. There are still couples committed to each other, but not in marriage.

Having a child out of wedlock can present legal ramifications, the most important being financial obligations and custody issues.

Having a child presents financial issues, such as child support, childcare, medical insurance. This does not only apply to the mother, but also to the father, especially when the couple brings a child into this world but they are not married – maybe they’re living together, maybe they’re not.

In the case of a couple that isn’t totally committed to each other, the father might be unwilling to pay child support; maybe he’s not sure the child is his. The paternity must first be established.

When a relationship doesn’t work out, the couple must go to court to establish custody, both legal and physical. This may cause all sorts of disputes, such as the lifestyle of one or both parents, the ability of each parent to care for the child. California courts apply the same criteria for custody disputes between unmarried parents as they do with married, but divorcing parents. The best interests of the child are the number one priority of the court.

Parentage cases can lead to expensive battles between the parents. If you are choosing to have a child out of wedlock to avoid financial or legal battles – think again.

If you have questions about raising a child out of wedlock, contact the Family Law offices of Holstrom, Block & Parke because out attorneys are dedicated to protecting your parental rights while helping you make decisions that are in the best interests of your child.

Call today for a free phone consultation: we have offices in Riverside, Orange, and San Bernardino Counties.

Child Custody / Child Support

Mediation vs. Litigation: Child Support

Unlike other family law issues, child support orders tend to be fairly straightforward.

Over time circumstances may change and child support may need to be modified. The parent requesting the modification may choose to pursue litigation or mediation. Which is the right process for you?

Mediating Child Support Orders

If both parents are open to the need for modification and don’t anticipate any problems, mediation may be an excellent choice for resolving this issue. Mediation is using the services of a neutral third party whose purpose is to help both spouses reach an agreement.

Pros include:

  • less costly
  • less emotionally draining
  • moves more quickly
  • you have more control over outcome

Cons include:

  • both parties must agree to all terms and conditions
  • if agreement cannot be reached, you will have to go through litigation

Litigating Child Support Orders

However, if the issue is going to be contested by the other party, litigation is the road to take. Litigation is the process of taking your case to court.

Pros include:

  • if you are not satisfied with outcome, you can appeal the case
  • may be a better option when emotional or physical abuse is involved

Cons include:

  • litigation can become very expensive
  • the case could last for many months, even years
  • litigation can further strain a relationship, causing resentment

To further understand the pros and cons of mediation and litigation and to determine what is right for you, contact a knowledgeable family law attorney at Holstrom, Block & Parke who can guide you through the process in fair and focused ways.

We are located in both Riverside and Orange County.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Child Support

Divorce & Student Loans

In order to get a good education today, student loan debt is a reality for many college and graduate-school educated people in this country. What happens when one spouse in a marriage has tens of thousands of dollars in student loans and the couple is getting divorced?

Does the other spouse have to split the debt?

In California, a community property state, when a couple divorces, the court divides their assets as well as their debts.

Just as there are community and individual assets, there can be community and individual or separate debts. For example, if one spouse is attending school and takes out a student loan during the marriage, the loan is generally considered a separate debt.

There are many reasons for an individual to take out a student loan, such as:

  • To pay for college tuition and books
  • To support the student and/or family while pursuing an education

Since, in most cases, it’s usually a little of both. Trying to figure out who is responsible for paying back the loan can be complicated. Getting a degree can benefit both when the individual’s salary is increased – the court may then consider it a community debt. However, if the degree doesn’t benefit both parties, repayment of the loan is usually the responsibility of the student.

According to California Family Code Section 2641(b), “Upon dissolution of marriage or legal separation of the parties, the community shall be reimbursed for community contributions to education or training of a party that substantially enhances the earning capacity of the party”.

In California, there can be exceptions when the student loan can be considered a community debt. It is best to seek legal advice if you are in this situation.

If you need help trying to figure out how your divorce will impact you financially, an attorney might be able to help. Contact the Riverside family law offices of Holstrom, Block & Parke. We can help you figure out what your options are and how they will impact your financial obligations.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Child Support

Divorce: Emotionally & Financially Devastating

Divorce, custody battles,child support, alimony, modifications or contempt actions can be emotionally and financially devastating for everyone involved.

You need to make financial and logistical adjustments, carefully monitor your legal rights and manage heightened emotions during this stressful time. If you have children, matters can be complicated further. While these issues are basically the same for most couples, you may face very specific concerns according to your unique position.

In California, the only reason needed to end a marriage is ‘Irreconcilable differences’. In addition, California is considered to be a community property state, which means all marital property is split 50/50.

Community property consists of:

  • Home – resident, rental and any vacation properties
  • Motor vehicles, recreational vehicles
  • Financial – bank accounts, pensions, any income earned
  • Other assets – jewelry, household furnishings, art collections
  • All debts incurred

Property not included in the division would be ‘separate property’, which means any property owned before the marriage took place, including an inheritance or bank accounts which was kept separate from marital accounts.

Issues that need to be decided upon include:

  • Spousal support – depending on the length of the marriage, etc.
  • Ability of one spouse to pay the other
  • Child custody, child support, visitation – if there are children involved

At Holstrom, Block & Parke, we help clients throughout Riverside County with a wide variety of child support matters including enforcement and modification issues. We do everything we can to ensure that you receive the maximum level of support available for your children.

We will work to ensure that the income figures are accurate and aggressively argue any special circumstances that might call for additional support. We will pursue every option available to obtain the most favorable possible result in your case.

If you need dependable advice about your options during the divorce process,contact the Riverside Family Law offices of Holstrom, Block & Parke. We focus on you and your family, so you can focus on the future.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Alimony / Child Custody / Child Support / Divorce / Money, Property & Support / Property Division / Spousal Support

I Need Help With My Child Support Payments

When a family court judge rules on issues of child custody and child support, he or she does so knowing that at some point the order may need to be changed. Circumstances in people’s lives change as time goes by – and these court orders can change with them.

In order for a court to allow support modification, the party seeking the modification must show that there has been a significant change in circumstances that warrants the change.

Has one of the following happened to you?

  • You have experienced a decrease in your income – job loss, medical problem/serious injury
  • Remarriage
  • Your ex-spouse wants to leave town – changing your custody and visitation arrangements

If you fall into one of the above situations and need a post-decree modification on your child custody and/or child support, it is important to contact an experienced Family Law attorney to discuss your options and risks.

Contact the Riverside Family Law offices of Holstrom, Block & Parke because our attorneys know when to recommend compromise to prevent escalation of disagreement and discord in a divorced family situation. Let us help you move forward and start planning the future you want.

Child Custody / Child Support / Divorce / Financial Help

I Want To See My Child

Having a child without the benefits of marriage can be somewhat stressful if the couple is not getting along.

Parental rights can be somewhat challenging for an unmarried couple – especially the father. However, if you are the father, you have legal rights. The legal help from a Family Law attorney is essential to establish your parental rights.

When a child is born to a married couple the father is automatically presumed to be the father. This is not the case for a couple that is not married – paternity must be established in order for the father to be granted custody and/or visitation rights.

California law states that paternity must be established before the father receives rights and responsibilities involving his child. You will have to arrange to have a DNA test done.

As an unmarried father, you have the right to visitation with your child. You and the mother can either determine those rights on your own or a court can do so for you. Generally, you will not be given primary custody unless the mother is proven to be unfit. However, if both parents are playing an active and stable role in the child’s life, joint custody is an option.

When determining custody arrangements, the court looks at several factors, including each parent’s ability to provide for the child, their established lifestyles. The court believes that the child needs the love and attention of both parents.

If you believe you are the father of a child born out of wedlock, you should contact an experienced family lawyer. Contact the Rancho Cucamonga Family Law offices of Holstrom, Block & Parke to find out how to make a claim to your child and assert your rights as a parent.

Child Custody / Child Support

The Many Facets Of Divorce

Letting go of the years you spent together after your divorce is final is not always easy. This is true – even if you initiated the process.

Everything you’ve been thinking about for months and months is now a reality. You may feel out of control and even somewhat bewildered, but it’s time to move on.

It’s time to realize that your lifestyle is about to be altered by the financial settlement. You now have to worry about spousal support and child support. What about your children? They are probably the most painful part of all of this.

Your children won’t be with you every day now. You have to share custody with your ex-spouse. Don’t feel guilty – everything will eventually fall into place. You just need to agree on certain things in order to make the transition move smoothly. Having an experienced attorney by your side to help guide you through all those hard moments and make the process much more manageable to get you to focus on your new life, and all the changes heading your way.

Even when the divorce starts out friendly, it doesn’t mean it will stay that way. Battles take place while working through all the details. Fear and anger can take control while listening to well-meaning friends.

Are you going through a divorce and feel that stress is about to take hold of your life? It would be in your best interests to contact the Riverside Family Law offices of Holstrom, Block & Parke immediately. Our attorneys understand the intricacies of divorce and the realities of your financial situation.

We will work with you to arrive at a reasonable legal settlement that is within your means and meet your needs while doing so. More than anything, we can help you come to terms with difficult decisions made with care and confidence during this stressful and traumatic time in your life.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Alimony / Child Custody / Child Support / Divorce / Spousal Support

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.