Child Custody Attorney Rancho Santa Margarita

If you’re looking for an experienced, compassionate child custody attorney in the Rancho Santa Margarita area, look no further. As a successful businessman, Binoye Jos experienced his own long, drawn out child custody battle. In fact, after spending hundreds of thousands of dollars on the “best” attorneys in Orange County, Mr. Jos finally decided to represent himself. The outcome? He won his case. Since he was so successful after taking the matter into his own hands, and arguing his case against experienced attorneys, he decided to become an attorney so that he could help others achieve the proper outcome with regard to their own child custody issues.

Child custody matters take into consideration all the issues, big and small, concerning future living arrangements for the child, including parenting time of the noncustodial parent.

Child custody is the most vital aspect of any separation and/or divorce action in court. It is of utmost importance to each child that their parents make the best, most responsible decisions possible when choosing an attorney to represent them throughout the child custody process.

The courts require strict adherence to many rules and regulations in every child custody case. Since child custody is so emotionally charged, child custody decisions are – and should be – some of the most difficult decisions of one’s life. The health and wellbeing of your child are at stake, and every good parent wants to do whatever is in their child’s best interests. These decisions must be made with utmost sincerity by both parents, and in a manner that ensures that each child is served in a manner that is most beneficial to them.

At JOS FAMILY LAW , you can rest assured that your case is being handled by an experienced attorney who possesses not only the knowledge and understanding required to navigate your case and negotiate on your behalf, but one who also cares deeply about your matter and will give you the best possible legal advice and services.

Unfortunately, some parents use their child as a weapon against the other parent. This is so detrimental to the child, who will ultimately suffer the most with mental, physical, and spiritual difficulties that will cause them undue and utterly undeserved pain, often for many years past the time when they reach the age of majority.

At JOS FAMILY LAW , Binoye Jos helps and supports each and every client in a manner that takes into account all the sentiments and emotions that accompany any child custody case. Mr. Jos assists his clients to work with opposing parents as much as possible in order to handle as many issues as possible before involving the courts.

When parents no longer live together, and depending on the age and emotional maturity of the child, the courts often take into consideration the child’s preference regarding living arrangements. Because a child will be deeply affected by the decisions reached by the courts about which parent the child will live with, and because any and all such decisions will affect the holistic growth and wellbeing of the child, the courts consider input from the child seriously, whenever appropriate.

If you find yourself in a difficult situation regarding child custody issues, you must have an experienced and understanding attorney to help you reach a resolution that best suits you and your child. Feel free to contact JOS FAMILY LAW , and we will help you throughout the child custody process in the most seamless manner possible. Call us at (714) 733-7066, or contact us via email at jos@josfamilylaw.com. We look forward to serving you.

MODIFICATION OF CHILD SUPPORT ORDERS

A child support motion can be modified at anytime the Court deems “necessary,” based on Family Code Section 3651(a). Child support motions can be filed anytime and jurisdiction remains with the Court of origin. Therefore, any agreement between the parties which seeks to terminate or limit the jurisdiction of the Court over this issue is unenforceable. Moreover, neither party can waive child support as the right belongs to the children. Further, based on reciprocity, California will enforce the obligation if registered in the local Court if one of the parties establishes jurisdiction in California by residence in the State. Child support obligations cannot be discharged in bankruptcy proceedings.

The child support obligations remain even after the death of the payee as the obligation will pass to the estate of the deceased. The basis for modification is a showing of a material change of circumstances. This is generally either an increase or decrease in the amount of the paying party’s income. For example, if the paying party becomes unemployed, that party can seek to modify child support temporarily by setting it at zero. However, the Court can order that party to seek employment and to file proof of efforts. Moreover, a decrease in income may not constitute a material change in circumstances if the paying party has other resources that he can easily draw upon to continue payment. Moreover, if the non-moving party produces evidence in support of a finding that the paying party is not working simply to thwart his or her obligations, the Court can choose to impute income to the paying party. Imputation means that the Court will treat the paying party as if he is earning income. This can mean that the Court will credit the paying party with full or part time earnings at the minimum wage rate. For this type of order, the non-moving party must also produce evidence that the paying party has the ability to work and that there exists job opportunities in the field that the paying party has experience and/or skills in.

A child support obligation must be suspended if the paying party is either incarcerated or involuntarily institutionalized for more than 90 days unless the paying party has means to pay support or if the paying party is incarcerated or involuntarily institutionalized as a result of domestic violence perpetuated against the supported child or his or her parent. The two other exceptions are where the paying party is incarcerated or involuntarily institutionalized for conduct that could be enjoined by Family Code Section 6320 protective order or for failure to comply with a child support order by non-payment.

The type of conduct enjoined by a Family Code Section 6320 protective order includes: 1) annoying telephone calls; 2) destroying personal property of the protected person; 3) disturbing the peace of the protected person. This is not a complete list of prohibitive conduct.

If the party receiving the child support order has an increase in income or other resources, that may be the material change of circumstances necessitating modification.

What does not constitute a material change of circumstances is one the payee party’s cohabitating with a new partner. However, if as a result of cohabitation, the supported party is no longer paying rent, utilities or other recurring expenses, the Court can impute the value of those expenses to the supported party, thereby reducing the need for support.

An increase in either parent’s standard of living can constitute a material change of circumstances since children have the right to share in such standard. However, that will not apply to a situation where the higher standard of living is based on one of the parent’s relationship with a new partner.

Since the formula for assessing child support is based in part on the custodial timeshare for each party, any change in custody or visitation will necessarily impact the amount of child support due. For this reason, it is always smart to request that child support be modified in the same request for order seeking modification of child custody or visitation. An increase in a parenting timeshare correlates with a decrease in child support and vice-versa.

Unlike the initial filing for a child support order which is generally retroactive to the date of filing the request for such orders, the Court takes a special approach in deciding whether a reduced amount of child support should be ordered retroactive to the filing date. The Court is required to consider the needs of the children. If retroactivity would create a hardship for the children, then the Court will deny retroactive application of its Court orders.

Despite the fact that all child support orders set forth the terms for termination of such awards, the paying party still needs to file the appropriate form to enact orders formally terminating the obligation.

A decrease in child support can constitute changed circumstances if the request to modify spousal support is filed within 6 months of the termination of child support. The exception to this is where the child support award is based on a Marital Settlement Agreement or a Judgment containing the exact terms and conditions for termination (for example, when the child reaches the age of majority) as the parties could have foreseen the act or the event causing such termination when they negotiated the settlement.