A woman in California whose daughter is now grown recently stated that she hopes her story gives others confidence to pursue legal claims if their former spouses fail to adhere to court orders in divorce. She and her husband divorced in 1969 and one year later, a judge ordered him to pay child support. The only problem is that his payments were nearly 50 years overdue until his former wife recently brought her ex back to court.
When a California family law judge hands down a ruling regarding child-related issues in divorce, both parents are legally obligated to adhere to the terms of the court order. In many cases, this type of ruling includes instructions for paying child support. A parent providing financial provisions for his or her children must continue to do so according to the terms of an existing court order unless and until the court modifies the order.
If a California parent is unable to meet his or her obligations to financially provide for his or her children as ordered by a family law court, there are legal steps that can be taken to request a lower payment amount. What a parent may not do is stop making child support payments without the court's permission. Not only can this lead to legal problems, it can also wind up costing even more money, as made evident by a case in another state involving R&B star R. Kelly.
When you and your spouse decided to divorce, there was no doubt several issues regarding your marital relationship that you agreed were un-resolvable. Perhaps there is even a bit of bad blood between you, either because of a particular incident that occurred or resentment or anger that built up over time. In either case, getting divorced doesn't necessarily mean you have to let such issues draw you into a contentious court battle.
Most California readers have a basic understanding of litigation, at least insofar as what the term itself means and the fact that it refers to a court process. With regard to divorce mediation and collaborative law, however, confusion often sets in because, although both are processes for settling divorce out of court, they are also different from each other in several ways. To determine a best course of action in a particular set of circumstances, a concerned spouse will want to learn as much as possible about each option in order to make a well-informed decision.
Not every California couple who files for divorce expects a rancorous, lengthy and stressful proceeding. Many spouses are on good terms when they part, especially those who have children and agree that keeping their kid's best interests in mind is more important than arguing over who gets to spend holidays with them. Collaborative law enables people who wish to finalize a divorce on amicable terms to do so without going to court.