In today's economy, everyone's dealing with financial pressure. Whether you are paying or receiving spousal and child support payments, you may be facing a lot of challenges these days. Either the payor or the payee could be out of a job or dealing with reduced hours and a reduction in pay. Either way, those alimony and child support payments are probably weighing heavily on your mind.

If you're behind on your alimony or child support -- or if your ex is -- you may be wondering whether bankruptcy will make those back-payments go away. It won't.

Alimony and child support payments are not dischargeable in bankruptcy. In fact, under bankruptcy law, spousal and child support payments have to be paid before any other creditor can take a piece of the debtor's assets -- even the tax man.

What Should I Do If My Ex Owes Child Support and Alimony And Is Filing for Bankruptcy?

Just because the law doesn't allow alimony or child support to be wiped out by bankruptcy does not mean you don't need to protect your interests. Just like any other creditor, you should make sure the bankruptcy court knows that you're pressing your claim by filing a "nondischargeability complaint" concerning any alimony or child support you are owed.

Both the bankruptcy trustee and the Child Support Enforcement program should notify you if your ex has filed for bankruptcy, so you should never be taken by surprise. Even if you do nothing, it is unlikely that the bankruptcy court would discharge the back-child support or alimony arrearages your ex owes you, but it's always a good idea to get good legal advice and protect yourself.

Continue reading "Bankruptcy Won't Clear Up Spousal or Child Support Arrearages" »

Anyone who's had a matter in the Probate and Family Court in Sacramento knows that you spend a lot of time waiting around the courthouse to be heard. Being a Divorce Attorney, I often find myself sitting in the hallways of the courthouse waiting. In these hours of waiting, I often hear unrepresented parties discussing their legal matters and I've come to realize that there are a lot of misconceptions when it comes to what the law actually is. I've decided it's time to address these myths, and bring some clarity.

Myth: Having Joint Legal Custody means that each parent is financially responsible for half of everything the child needs.

Truth: Whether or not a parent has legal custody of a child has nothing to do with whether or not he or she has to pay support, or how much that parent will have to pay. Legal custody dictates who gets to make major decisions for your child, like where your child will attend school. Child Support is based on the gross incomes of both parents, and who has physical custody of the child. Support is paid because both parents have a responsibility to contribute to their child's financial well-being, but the court isn't going to order a parent to pay half if he or she can't afford that.

Further, both parents may not be responsible for all of a child's expenses. Child Support is about covering the necessities in a lump sum. Things like food, clothing, rent or mortgage payments. There are plenty of things that aren't considered necessary expenses, or that are covered by orders separate from a Child Support order. There may be separate provisions for healthcare expenses, or extracurricular activities. Often times, when it comes to discretionary spending that the parents don't agree on (for instance, one parent feels it appropriate to buy the child a brand new car and the other parent doesn't agree), the parent who disagrees may not be responsible for any portion of the purchase.

Myth: Whether or not a parent pays Child Support determines whether or not he or she has a right to see his or her child.

Truth: The obligation to support your child and the right to spend time with your child are totally separate issues. A parent who puts his or her child at risk may be required to pay support, even though he or she is not allowed to see the child. Likewise, a parent who cannot pay support may have an order allowing him or her frequent visits. In the Probate and Family Courts, judges are looking at what is in the best interest of the child. Most of the time, this is the child having both of his or her parents in his or her life, making financial contributions at a level they can afford.

Continue reading "Family Law Myths Exposed" »

District Attorney Jerry S. Moore announced last week that three face arrest for failing to appear and pay their child support at the Adair County District Court child support docket on June 2.

District Judge Mike Norman issued bench warrants for those who failed to appear. The three non-custodial parents for whom warrants were issued are:

--Steven Meskus, who owes $16,433.72 and for whom a cash-only bond was issued;

--Gary Smith, who owes and for whom a $2,547.80 a cash-only bond was issued;

--and Gerald Wyche, who owes $6,457 and for whom a cash-only bond was issued.

The district attorney's child support office asks that anyone with information about where these or other wanted persons can be located should call any local law enforcement officer for immediate arrest.

Other non-custodial parents whose cases are worked through Moore's Sallisaw Child Support Office paid a total of $72,099.98, so far, for the month of June.

Moore said, "The mission of the Office of Child Support Services (OCSS) is to enhance the well-being of children by establishing, monitoring, and enforcing reliable sources of support for families entitled to child support."

The Oklahoma legislature and the U.S. Congress has enacted law to allow the Office of Child Support Services to collect child support owed from non-custodial parents who receive payments from Social Security, Worker's Compensation, and personal injury settlements as well as regular employment paychecks.

Continue reading "Three face arrest for not paying child support" »

For 17 years, Heather has been fighting for child support from her son's father.

Between medical bills reimbursements and child support, she is owed more than $180,000.

Because of her ex's violent nature when Heather's son was a child, she had to get several restraining orders. Her son has not seen his father since the child was very young.

Through the years, his father would pay off and on, but the last child support payment received was in 2005.

"I'm livid, so I've gone to the state's attorney's office," said Heather, of Morris.

She has exhausted every outlet, from the Department of Healthcare and Family Services to the Illinois Attorney General, and now is waiting and praying the Grundy County State's Attorney's office can file criminal charges against this deadbeat dad whose last known address is in Alabama.

"We are still investigating. I don't anticipate anything until mid-July," Grundy County State's Attorney Sheldon Sobol said.

In Sobol's time as state's attorney, he has never prosecuted a criminal charge involving child support. The deadbeat dad in question already has an outstanding warrant for his arrest, but he has not been caught.

"He appears to be the poster child (of a deadbeat dad) in Grundy County," Sobol said.

"This is the first time in nine years (a child support case for criminal charges) has come across our desks," he continued.

It can be difficult to file criminal charges in these cases because the state statute for criminal prosecution requires it be shown that the person has the ability to pay and is not. This can be difficult to prove, Sobol said.

But even before this step, the court system has to exhaust all efforts first, he said.

The courts work diligently with both of the parents to make payments doable and get child support on a schedule, he said.

"The goal is to make sure the kid is supported," Sobol said.

In Heather's case, that goal has been extremely difficult to reach.

According to the state, this is probably because of how often her ex relocates.

Continue reading "Dealing with a 'deadbeat' - Child Support Lawyers" »

Tony Gonzalez still calls his 15-year-old daughter "daddy's little girl."

They listen to heavy metal music and play cards together. He takes her to meet friends at the movies and proudly calls her an excellent swimmer.

But Gonzalez can't do some things he considers fatherly duties, such as giving Sandra an allowance or taking her shopping.

And after losing his job of 20 years in August, Gonzalez can't afford to pay Sandra's mother the $221 per month he owes in child support.

"It's heartbreaking," said Gonzalez, 42. "I don't want to be known as a deadbeat dad."

Gonzalez's story is a common one heard in Stanislaus County Superior Court's Department 16.

More and more parents, mostly fathers, are crowding the Modesto courtroom to plead with a judge to reduce their child support payments.

They talk about salary cuts and homes in foreclosure. Unemployment rates, which spiked at 19.2 percent countywide in March, make it nearly impossible for some to keep up with their payments.

Three years ago, Stanislaus County withheld $1.5 million in unemployment benefits to cover the child support obligations of parents who don't have custody.

Unemployment benefits now make up $4.8 million of the county's child support take.

In years past, family law attorneys usually heard from parents who wanted more child support taken from their former partners.

Now, it's the reverse.

"It's people who have longtime jobs who are losing 10 to 15 percent of their pay or are on unemployment right now," said E.F. Cash-Dudley, a family law specialist in Modesto. "It's having a profound effect. We see a number of families that are just barely surviving."

'Hammer' used less

Tamara Thomas, assistant director of the county's child support agency, said her office has taken a more empathetic approach as she sees parents with a history of consistently paying child support fall on hard times.

"It's been less of the hammer approach," Thomas said.

The "hammer" can be as much as 75 days in jail for repeated failure to pay child support.

Child support payments can vary widely based on a family's unique situation, but a parent can expect to pay up to one-third of his or her income to support one child and as much as half of his or her pay for three or more children.

Nine out of 10 noncustodial parents in Stanislaus County are men, and they have been disproportionately affected by the recession because of the hit to male-dominated jobs in construction and manufacturing.

Continue reading "Pleading for child support break in Stanislaus County" »

MOBILE, Alabama (WALA) - On the same day Steve Nodine was arrested for drug charges, he and his wife filed for divorce. Those papers reveal the proposed divorce settlement between Kimberlee and Nodine.

Kimberlee Nodine will maintain custody of their 13-year-old son. Steve Nodine has visitation rights and will pay $971 a month in child support payments until his son turns 19.

The papers show that Kimberlee will live in the family home, but Steve will pay the mortgage, insurance and taxes.

The county commissioner will also pay $2,500 a month in alimony payments.

It's a hefty chunk out of his salary. The papers show Steve earns $6,666.66 a month.

But it doesn't end there. Commissioner Nodine agreed to pay for his wife's legal expenses during the divorce, and he'll hand over his retirement pay to her.

In separate papers filed that day, Kimberlee Nodine had a statement which read, "I feel too much has happened between us for things to ever be good again."

The agreement, which both signed, must still be approved by a judge.

Continue reading "Nodine to pay alimony, child support" »

California Divorce Overview

California is a 'no-fault' divorce state, which means that when a spouse requests a divorce, they will not need to specify a reason or prove wrong-doing on part of the other. From time of initial filing, the soonest a divorce can be finalized is 6 months.

No-fault does not mean no disagreements, though. If you foresee that there may be disagreements regarding how the family assets are going to be handled, or how the kids will be cared for, get professional advice immediately.

Even if you both agree on how to separate your lives, it is important to have the agreement reviewed by a professional. An advisor who has been involved in many divorces can help you spot weaknesses in the agreement and will help ensure that the final agreement is strong and will last for many, many years.

Continue reading "California Divorce Overview - Basics About Divorce Laws" »

District Attorney Jerry S. Moore announced last week that two face arrest for failing to appear and pay their child support at the Sequoyah County District Court child support docket on April 21.

District Judge Mike Norman issued bench warrants for those who failed to appear. The two non-custodial parents for whom warrants were issued are:

• Raymond Gillispie, who owes $17,044.56 and for whom a cash-only bond was set; and
• Michael Fletcher, who owes $18,100 and for whom a cash-only bond was set.

Moore said anyone with information about where these or other wanted persons can be located is asked to call any local law enforcement officer for an immediate arrest.

Other parents whose cases are worked by Moore's Sallisaw child support office paid a total of $319,984.65 so far for the month of April.

Moore said, "The mission of the Office of Child Support Services (OCSS) is to enhance the well-being of children by establishing, monitoring, and enforcing reliable sources of support for families entitled to child support."

The Oklahoma legislature and the U.S. Congress has enacted law to allow the Office of Child Support Services to collect child support owed from non-custodial parents who receive payments from Social Security, Worker's Compensation, and personal injury settlements as well as regular employment paychecks.

The district attorney provides face-to-face visits with child support workers in Stilwell on the first Wednesday of every month at the Department of Human Services (DHS) between 1 and 3 p.m. In Sallisaw, the child support office is open from 8 a.m. to 5 p.m. Monday through Friday. The office is at 1611 S. Kerr Blvd. next door to the Sequoyah County DHS offices.

Anyone owing child support or needing information is encouraged to call 1-800-522-2922 or contact the local office in Sallisaw. Child support payments should be mailed to: OCSE, P.O. Box 268849 Oklahoma City, Okla. 73126-8849.

Leanne Whitekiller is the managing attorney for the Office of Child Support Services in Sallisaw.

Continue reading "Warrants issued for truant fathers" »

When financial stress forces you to file for bankruptcy, child-support payment obligations remain in place and are not dischargeable by filing for bankruptcy. All expenses that are considered as 'in the nature of support' for your child like those spent in the child's welfare, medical care and upbringing, are also not dischargeable in the event of bankruptcy.

Case of ex-spouse paying child support:

If you are an ex-spouse paying child support, whatever expenses you owe - back child-support and the current amounts you owe - whatever is due is still your responsibility and you have to pay them. And supposing there are any debts incurred to meet the 'in the nature of support' expenses - like expenses incurred towards meeting medical expenses and routine care, those debts also need to be paid by you, and bankruptcy does not absolve you from paying these charges.

Effect of stay orders on child support:

In case you are a provider of child support and you have filed for bankruptcy, under a Chapter 7 stay, action can still be taken to ensure that you pay for your child support. A Chapter 13 bankruptcy may provide you a temporary stay from payments towards child support. But any stay is only temporary.

Bankruptcy ensures payment of child support:

Actually if you happen to want to genuinely pay for the child support but had been unable to because of other payments, bankruptcy is the best option for you. Once you file for bankruptcy, you can prioritize the child support payment as required by the law and pay it first and you are given time to pay other debts subsequently.

Whatever income you receive automatically goes first to meet the child support, while other debts take backstage. Bankruptcy filed under both the Chapters 7 &13 ensures that child support is paid at the first instance. Even property exempt from the claims of creditors and lenders can be used for enforcing the child support payments.

Case of ex-spouse receiving child support:

If you are collecting child support, filing for bankruptcy will not protect the ex-spouse/child-support giver from paying the back or current child support. Filing for bankruptcy is not an escape route from payment of child support. Child support has to be paid before paying even those debtors who have initiated the action. The receiving spouse can seek legal recourse for speedy and regular payment of child support.

Payment of child support - back, current and future support:

After bankruptcy is filed, especially under Chapter 13, child support payment becomes an essential part of the reorganization of debt plan. Non-payment of back, current and future child support may nullify the bankruptcy and penalties may be imposed. All other obligations - payday loans, credit cards or medical bills - take a back seat and the highest priority is to the back, current and future child support payments.

As per government rules, 'domestic support obligations' take precedence. When you file for bankruptcy, the actual fact is that as a provider ex-spouse/parent, you are still responsible for back or current future payments towards those obligations.

Continue reading "Child Support and Bankruptcy" »

The slumping economy has taken a toll on everyone, including parents who are responsible for paying child or spousal support. While you cannot simply stop making payments, in certain situations you can ask the court to modify your payments. If your current financial situation has it made it difficult to afford your payments, be sure to act quickly to prevent additional financial or legal troubles.

Child support payments are based on the income of both parents and on the amount of time each parent spends with the children. If there is a change in either one of these conditions, then you may ask a court for a change in child support payments. Child support payments are calculated based on state law guidelines and courts tend to follow them strictly. A major change in income is an important factor to be considered in these calculations and may lead to a change in support payments.

While a judge may grant a modification of your child support, he/she may want to know what you are doing to increase your earnings. A judge may order you to send out a preset number of applications and report back to the court on their status. When you return to the court, the judge may once again modify the payments based on any major change in income such as when a higher paying job is obtained.

On the other hand, spousal support can generally only be modified in accordance with the terms set out in the final divorce judgment. If the divorce judgment permits a modification of payments due to loss of income, then you may be able to modify the payments.

If the parent receiving child care from the other parent becomes unemployed, then there is potentially no need for child care payments. A court will likely reduce or remove child care payments in this case.

If you need a modification of child support in Sacramento and Northern California, act quickly. Falling behind on child support could potentially lead to a loss of your driver's license, professional licenses, and inability to obtain a new or renewed passport.

Heard Sandra Bullock is going to court to get partial custody of stepdaughter Sunny. What are her chances?
--Marignygirl, via Twitter

Reports are all over the place on what exactly is going on at Casa de Bullock. Camp Sandy is insisting the Oscar winner isn't seeking a divorce--yet. But as for the kids, Bullock has said she has a very tight bond with Sunny, the 6-year-old daughter of Jesse James and his porn-star ex, Janine Lindemulder.

Attorneys tell me that if Bullock wanted to divorce James after all and seek more formal custody of Sunny, or just court-approved visitations, it would be...

...pretty tough.

Let's talk visitation first.

"Bullock would have an uphill climb if she were to seek visitation," Santa Monica-based family lawyer David Pisarra, of the company Pisarra and Grist, says.

Bullock would need to prove "that if she isn't allowed visitation, it would be a detriment to Sunny's well-being. The problem is that judges make their decisions on cases like these by using very exacting standards, which can be difficult to prove."

As for custody, that would involve quite a bit of mudslinging, particularly at Lindemulder or James. Bullock would have to prove that Sunny's biological parents are unfit, and that she would be a better option for the little girl.

"Bullock has earned the reputation of being an all-around 'nice' person, and she may not have it in her to go after someone in the kind of ways that might be necessary to gain custody," Pisarra says.

Another factor: Lindemulder.

Since the news broke about James and alleged mistress Michelle "Bombshell" McGee, Lindemulder has reportedly decided to seek more time with Sunny, and possibly more custodial rights.

"A new wrinkle has been added, as the courts tend to side with the biological mother," Pisarra says. "Of course, judges take a myriad of factors in to consideration, such as drug abuse, poor mothering or if, by giving the biological mother custody, the child would be endangered. If this does go to the courts, we can anticipate a lot of dirty laundry being aired."

One last, very distant, possibility: Adoption.

It isn't likely that Lindemulder would take that lying down, but if Bullock managed to pull it off, her chances of custody would obviously be much higher.

"If that is a possibility, she should do that first, and then consider a divorce," attorney Maya Shulman of the firm Adelman & Seide tells me. "An adoptive parent assumes all rights and responsibilities for an adopted child as does the biological parent--custody, child support, etc."

The Sacramento Child Support Attorneys of Bowman & Associates have helped clients across Northern California. If you or someone you know has legal questions regarding child support, contact our experienced Sacramento family law firm today for your free initial consultation.

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Divorce can be particularly hard on children, especially when the parents don't take the appropriate steps to help protect them during this process. Children need and have the right to the following, especially in times of family upheaval:

• Being free of the conflict between the parents
• Developing and maintaining an independent relationship with each parent
• Not having to take over the parental responsibility for making custody and/or visitation decisions
• Not being expected or forced to take sides with, defend, or lessen the value of either parent
• Being guided, taught, supervised, disciplined and nurtured by each parent, without interference from the other parent
• Spending time with each parent, regardless of whether or not financial support is given
• Having a personal sleeping area and space for possessions in each parent’s home
• Being physically safe and adequately supervised when in the care of each parent
• Having a stable, consistent and responsible child care arrangement when not supervised by the parents
• Developing and maintaining meaningful relationships with other significant adults, as long as these relationships do not interfere with or replace the children’s primary relationship with their parents
• Expecting that both parents stay informed about medical, dental, educational and legal matters, unless such disclosure would prove harmful to the child
• Participating in age-appropriate activities so long as these activities do not significantly impair their relationship with either parent

Continue reading "Protecting Children During Divorce" »

The issue of paternity and child support obligations sometimes comes up when a couple divorces. If the father has questions about whether the child really is his, he may request a DNA test to prove he's the biological father. If it turns out that he's not the child's father, there's a chance he may not have to pay child support.

Whether child support will be ordered in such situations will depend on the circumstances of the case and the state in which the child support issue arises. In some states, if a man is the presumed father of the child, then he may be required to pay child support. A man may be presumed to be the father of a child (unless he or the mother proves otherwise to a court) based on the following circumstances:

• The man was married to the mother when the child was conceived or born.
• The man married the mother, but the marriage was invalid for some reason, and the child was conceived or born during the invalid "marriage."
• The man married the mother after the birth and agreed either to have his name on the birth certificate.
• The man signed a document for "Acknowledgement of Paternity."
• The man welcomed the child into his home and claims the child as his own.

That's just a brief overview of the paternity and child support issue. Below, you can read over the various questions and answer to get a better idea of individual circumstances.

Continue reading "Paternity and Child Support" »

Nas has denied a criminal contempt charge for unpaid spousal and child support in his divorce from Kelis.

The rapper pleaded not guilty through his attorney and was ordered back for a March hearing in Los Angeles.

Kelis' lawyer claimed Nas is 200,000 dollars behind on child and spousal support.

He was ordered to pay more than 51,000 dollars per month to his former wife and infant son in December.

Judge David S Cunningham III, who is overseeing the divorce proceedings, said it was starting to look like the rapper is trying to evade court orders.

One of Nas' attorneys, Anthony Ukran, told Cunningham the rapper needs more time to prepare his defence and show he is unable to pay the court-ordered support amounts.

Kelis filed for divorce in May.

California's Child Support Services Program works with parents - custodial and noncustodial - and guardians to ensure children and families receive court-ordered financial and medical support. Child support services are available to the general public through a network of 52 county and regional child support agencies (LCSAs).

Continue reading "Nas accused of unpaid child support" »