California Divorce Laws

California Divorce Laws regarding child support

In case of a minor child, both the parents have to share an equal liability of bringing up the child in circumstances that are suitable to the child. This onus of support is to be bore by the parents till the child becomes 19 years old or passes out of the 12th grade, whichever happens earlier. If a child of any age is put out of action from earning a living and does not have enough resources to live, then it is responsibility of both parents to an equal extent to maintain this child to the best of their ability. Sections 4052, 3910, 3901 and 3900 of the California Family Code are dedicated to the issue of child support.

California Divorce Laws regarding child custody

In this state, there is no presumption or preference against or for sole custody, joint physical custody or joint legal custody. Consequently, the Court has a wide discretion to select the plan which is in optimum interest of the child. Sections 3040, 3011 and 3010 of the state’s Family Code are utilized. All the below mentioned issues are contemplated while making a decision.

• The continuous or habitual abuse of alcohol by any one parent
• The continuous or habitual unlawful use of controlled substance by any one parent
• The extent and nature of contact of the child with both parents
• The welfare, safety and health of the child
• Past record of abuse by any person requesting custody, with
  • A person with whom there exists an engagement or dating relation
  • A cohabitant, current spouse or parent
  • A child with whom there exists a relation by affinity or blood
  • A child with whom there exists a care-taking relation, although temporary

Alteration of name

If a party has not requested for restoration of name in the initial petition, but makes a request for the same during court proceedings, then the Court passes order to restore the former name or birth name of that party. However, this can happen only in case of proceedings of annulment or dissolution of marriage. In case of legal separation of the partners, this restoration is not practicable.

Alimony

The issue of alimony is solved using Section 4320 of the state’s Family Code. The following points are pondered upon prior to the decision.

• The intention is that in a reasonable span of time, the supported partner should become self supporting
• The hardships which each partner has to undergo must be balanced
• The specific and immediate tax consequences that affect each partner
• If any domestic violence has taken place between the parties, then it must be proved by documented proof
• The health and age of the partners
• The period of marital life
• The assets and obligations which each partner has inclusive of separate property
• The standard of life created during the marital life and the needs of each partner to maintain it
• The capacity to pay spousal support of the partner who is supposed to offer alimony

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