All Posts By

June Lee

Aug 15
0

How Child Custody Impacts Child Support

By | Child Custody & Visitation, Child Support, Move-away, Parentage | No Comments

Difference between Child Custody and Child Support

California courts view child custody and child support as two distinct issues:

  • Child support is based on a parent’s obligation to financially support his or her child.
  • Child custody is based on protecting a child’s best interest.

In determining a custody arrangement that is in a child’s best interest, the court will generally consider a parenting plan that encourages frequent and continuing contact with both parents (unless there has been a history of domestic violence or abuse).

How Child Custody Impacts Child Support 

With that said, child custody does have an impact on child support.  This is because the support amount is affected by the percentage of time a child spends with each parent.  Since child support is considered the non-custodial parent’s means of financially providing for a child, the support payments may be higher when one parent has minimal to zero contact.  Conversely, the child support payments may be lower when each parent has roughly equal amounts of parenting time.

It is important to keep in mind that a parent may not refuse or limit the other’s parenting time if child support has not been paid.  Although it may seem unfair to see a parent evade his financial responsibilities, a parent cannot deny the other parent his or her parenting time because of unpaid child support.  The non-paying parent still has a right to see his or her child—regardless of whether that parent is up-to-date on his or her child support payments.  The issue of non-payment of child support must be dealt with through the courts.

Free Consultation

Child custody and child support issues can become complex when parents are unable to resolve their differences. Contact us today for a free confidential phone consultation so we can discuss your situation and advise you about the options available to you.

Jul 27
0

Moving Away With Your Child

By | Child Custody & Visitation, Move-away | No Comments

Generally, when one parent desires to relocate to another city, county, state or country with their child, he or she needs to obtain the consent of the other parent. If the non-moving parent does not consent, the moving parent can request a move-away order from the court.

MOVE AWAY REQUEST WHEN ONE PARENT HAS SOLE OR PRIMARY CUSTODY

Generally, a parent who has sole or primary physical custody has a presumptive right to move away with a child. That is, he or she does not have to prove to the court the move is necessary.

However, the non-custodial parent has the right to challenge the custodial parent’s desire to move away. If the non-custodial parent challenges the move, that parent must prove to the court it would be detrimental to the child if the custodial parent were allowed to relocate.

If the non-custodial parent is able to show the relocation is not in the child’s best interest, he or she may then request a change in custody.

MOVE AWAY REQUEST WHEN BOTH PARENTS SHARE JOINT CUSTODY

If the parents share joint physical custody, the moving parent must show the court the move is in the child’s best interest—if the other parent opposes the move.

FACTORS THE COURT CONSIDERS IN A MOVE-AWAY REQUEST

The factors the court considers in determining whether the relocation is in a child’s best interest or if the child would suffer detriment from the relocation (and in turn, whether custody should be modified) are as follows:

  1. Child’s age
  2. Child’s relationship with both parents
  3. Distance of the move
  4. Reasons for the proposed move
  5. Extent to which the parents are sharing custody
  6. Child’s interest in stability and continuity in the custodial arrangement
  7. Wishes of the child (if they are mature enough for such an inquiry to be appropriate)
  8. Relationship between the parents:
  9. Their ability to communicate and cooperate effectively; and
  10. The willingness to put their child’s interest ahead of their own.

In a move-away case, it is important for a parent requesting the move-away to frame the request in a way that will show the move away is in the child’s best interest and will not frustrate the non-custodial parent’s relationship with their child.

When opposing a move-away request, the parent would need to show the move would be detrimental to their child (e.g., the move would frustrate his or her ability to have frequent and continuing contact with the child).

FREE CONSULTATION

Move-away cases are among the most complex of all family law matters, and the consequences of a court’s ruling can have a profound impact on both the parents and child.

Whether you are the moving or non-moving parent, contact us today for a free confidential phone consultation so we can explain the process and explain your options.

Jul 23
5

Divorcing a Narcissist

By | Divorce | No Comments

Narcissism is a psychological disorder that can create an emotionally abusive and toxic environment and cause devastating effects on a marriage.

According to the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, narcissism is defined as a “pervasive pattern of grandiosity (in fantasy or behavior), need for admiration, and lack of empathy… as indicated by five (or more) of the following:

1.        Has a grandiose sense of self-importance.
2.        Is preoccupied with fantasies of unlimited success, power, brilliance, beauty, or ideal love.
3.        Believes that he or she is “special” and unique and can only be understood by, or should associate with, other special or high status people (or institutions).
4.        Requires excessive admiration.
5.        Has a sense of entitlement.
6.        Is interpersonally exploitative (i.e., takes advantage of others to achieve his or her own ends).
7.        Lacks empathy: is unwilling to recognize or identify with the feelings and needs of others.
8.        Is often envious of others or believes that others are envious of him or her.
9.        Shows arrogant, haughty behaviors or attitudes.”

Narcissist spouses believe their marriage revolves around them and expect their spouse to plan his or her life around their needs.

They are extremely controlling and manipulate situations to their advantage. Any indication of losing control makes them feel insecure, and they are prone to anger or violent outbursts when things do not go their way. Challenging their authority bruises their ego, so they become angry when met with opposition and are hypersensitive to criticism.

Abusive behavior also goes hand-in-hand with narcissists. While they may not always be physically violent, narcissists can be verbally and emotionally abusive as well as exceedingly controlling.

Because of the difficulty in curing narcissism (since narcissists do not believe they have a disorder), you can choose to remain in a marriage revolving around a narcissist’s needs and wants—or you can choose to divorce your narcissist spouse and take back control of your life.

DIVORCING A NARCISSIST

What happens when you decide you no longer want to be married to a narcissistic spouse? The hopes of obtaining an amicable divorce are unfortunately slim to none because a narcissist will most likely make the divorce process as difficult and contentious as possible.

Because narcissists are self-centered and unable to empathize or accept responsibility, they will put the blame on the other spouse for their marital problems and will perceive themselves as the victim (even while bullying the other spouse). Since a narcissist believes he or she is never wrong—it will always be the other spouse’s fault or shortcoming as to why there has been a breakdown in the marriage.

HIGH-CONFLICT DIVORCE

Divorce in general can be a contentious process. When you attempt to divorce a narcissist, the proceeding tends to get quite heated. This is because a narcissist spouse will attempt to manipulate every issue to his or her advantage and will view any action by the other spouse as a challenge against his or her authority.

It is common for a narcissist to engage in the following conduct to escalate conflict or frustrate the divorce process:

1.     Refuse to engage in negotiation to settle the issues.
2.     Fail to comply with agreements and/or court orders or listen to the judge and/or their attorney because they believe they are above the law.
3.     Withhold financial information and documents.
4.     Attempt to hide their assets.
5.     Refuse to pay support.
6.     Use their children as emotional pawns.
7.     Increase litigation costs with delaying tactics.

It is also common for a narcissist to issue threats such as:

1.        If you move forward with this divorce, you and the kids will be out on the streets.
2.        I’ll make sure you never get the kids.
3.        I’ll stop working and you’ll be the one paying me support.
4.        I’ll fight you with everything I have, even if it means going broke.

In short, a narcissist spouse will not act reasonably, do what is best for the children, volunteer information, attempt to settle the issues amicably or comply with orders. Instead, narcissists will make the process as difficult as possible because they believe themselves to be the one who’s been wronged.

FREE CONSULTATION

Divorcing a narcissistic spouse takes patience and perseverance. We are experienced in dealing with narcissist spouses and have helped many clients whose spouses have exhibited high narcissistic traits.

We understand how a narcissistic spouse operates, so we can help you protect your rights, guide you in how to communicate with your narcissistic spouse in a more productive way and keep your emotions under control and request court orders on your behalf that minimize opportunities for manipulation by the narcissist spouse.

Contact us today for a free, confidential phone consultation so we can discuss your situation and advise you about the options available to you.