Legal Question in Family Law in California

Re: child support and comunity property

Hi,

Sorry to learn of your frustrating situation. It�s hard trying to raise a child when the father refuses to pay his share.

The name in which the property is held is irrelevant to determining whether it is community property. Property can still be a community asset even if it is held in the name of one spouse. In certain circumstances, the father can even gain a community property interest in separately held real property during the course of the marriage. The true status of the realty, cars and other property can be ascertained during the discovery process.

Additionally, the amount of child support may be based on an imputed wage even though your child�s father is not working. This means that the court can set child support at the amount it would be if the father was working and earning pay commensurate with his education and experience. Once a support obligation is established, there are legal tools that can be used to compel father to get a job equal to his earning capacity. Moreover, it is sometimes possible to set child support based on father�s wife�s income if she is supporting father and enabling him to remain unemployed. The wife�s income can be attached in such cases as an exception to the general rule basing child support solely on the father�s income level.

California takes child support obligations seriously and you should talk to an attorney about enforcing your child�s rights. In some circumstances, you may even be able to recoup your legal fees from the father. The legal issues involved in your situation can get complicated so you should get professional help. I can assist you if you want. I work throughout the Bay Area. Contact me for a free consultation at (415) 364-1604 or [email protected].

Best of Luck,

Russ Martin

(415) 364-1604

[email protected]

Re: child support and comunity property

They cannot order a wage assignment on her check, but can order child support based upon his ability to work. After that there are various enforcement methods that can be used. Good Luck, Pat McCrary

Re: child support and comunity property

the local family support department is very able at dealing with situations such as yours. There is no cost for their services.