Archives for May 2021

How to Calculate Child Support in a California Divorce

One of the most important questions parents face when considering separation or divorce is how to calculate child support in a California divorce. The information provided by the California Courts and summarized in this article is a good place to start in informing yourself on the process. Go to https://www.familieschange.ca.gov/en/parents/how-do-we-calculate-amount-child-support

California Child Support Calculator

California law requires courts to adhere to statewide uniform guidelines in setting child support orders. The Payment Estimator applies the statewide uniform guideline calculation to the information that you enter into the blank fields.

https://childsupport.ca.gov/guideline-calculator/

Calculate Annual Income.

The court bases child support on a parent’s “net disposable income.” This means the parent’s income after state and federal taxes and other required deductions. The court may order support based in part on bonuses, commissions, overtime, and other supplemental or non-wage income if the court determines that this income occurs regularly. Certain income is NOT counted when determining a child support obligation, for example SSI (Supplemental Security Income).

The Amount of Time.

There is a wide variety of time share arrangements which have consequences for how child support is calculated. If the children live with one parent most of the time, then the parent who has the children predominantly will typically receive child support. However, that isn’t always the case There are situations where the parent who has the children most of the time will still have to pay the other parent support. An example of this is where one parent has a much larger income than the other parent.

Health Insurance

Medical support is related to child support because Federal and California State Law requires that every child support order include an order for medical support, meaning that the court will order either or both parents to provide health insurance for the child as long as it is available for reasonable cost. If you do not think you can afford the medical support order, you can file a request to ask the court to modify or terminate the order.

Consult with the Law Office of David Knecht

For a consult with a knowledgeable and professional attorney about your questions relating to child support or any other family law issue, the attorneys at the Law Office of David Knecht, have extensive experience in family law. Contact us at 707-451-4502 for more information.

California Infant Custody Laws

Are you considering a divorce, but you are worried about what will happen to your infant? Although divorce is never easy, you can at least take comfort in the fact that the state’s laws are based on a standard that puts the child first: the best interest of the child.

What is the best interest of the child?

There are many factors a judge could consider to determine what is in the best interest of the child. These include the child’s age and health, the emotional ties to each parent and other caretakers, and each parent’s physical and emotional ability to care for the child. These are just a few of the many factors that can roll up into the best interest of the child analysis.

What are some factors specific to babies that a court may consider?

If a child’s health, safety and welfare are the most important priorities, then some issues specific to babies will likely be extremely important. For example, important considerations might be whether your child is breastfed or bottlefed, the safety of the baby’s living environment, and whether both parents are capable of providing for an infant’s needs. Infants need much more hands-on care and careful supervision than older children, so those infant-specific needs will be part of the court’s analysis. Unfortunately, there are no hard and fast rules to allow a prediction of exactly how a judge would rule in a case, but we can predict many of the factors that will likely be considered.

What is the difference between legal infant custody and physical infant custody?

Most people have heard about custody, but there are actually two types of custody: legal custody and physical custody. Legal custody is a parent’s authority to participate in decisions about a child’s health, welfare and education. Physical custody is the child’s physical presence with the parent.

Is the decision about my child’s custody always in the hands of the judge?

Many parents come to an agreement between themselves about child custody. Sometimes a mediator is used to facilitate the negotiations. If the parents can reach an agreement, then the next step is to take that agreement to the judge who will approve it if it is in the best interest of the child.

Do you need to talk to a lawyer about the custody of your infant?

If you have questions or concerns about the custody of your infant or would like a consultation on any divorce related legal issue, contact the Law Office of David Knecht. We have extensive experience in all aspects of family law and can answer your questions. Contact us at 707-451-4502 for more information.

Filed Under: Custody Laws, Fairfield Attorney, Vacaville Attorney

What is a Digital Estate Plan and Do I Need One?

With social media being part of the everyday life for many, the question presents itself as to how you want your social media to be handled when you die. Do you want your loved ones to announce your passing on social media? Would you prefer the privacy of having the account shut down? These are examples of how a Digital Estate Plan would help your family and friends honor your wishes in social media and other ways when you pass. This article will discuss a Digital Estate Plan to help you understand what it is and decide if it is something you need.

What is a Digital Estate Plan?

Digital estate planning is the process of organizing your digital property and digital assets, and making arrangements for what should happen to that digital landscape after your death.

Step 1: Make a List of Digital Assets.

The first step of making your Digital Estate Plan is to take inventory of all your assets, which could include the following:

Email
Social media accounts
Online log in information for banks, stock trading accounts, retirement accounts
Photo and video sharing accounts
Domain names/blogs/ websites you own
Reward accounts such as airline mileage accounts
Intellectual property, including copyrighted materials and trademarks
Online diaries/calendars/notes

Step 2: Decide What You Want Done with Assets.

The next step is to think through your ideal scenario for what you want to happen with your assets:

Do you want social media accounts deleted, or to continue running under someone’s direction?

How will your email accounts be handled? (For helpful information on the policies of email providers, here is a resource: https://www.everplans.com/articles/what-happens-to-my-email-accounts-when-i-die

Which assets have monetary value?

Step 3: Store the Information in an Easily Accessible Place

To be useful, the Digital Estate Plan needs to be stores somewhere that it can be located easily after your passing. There are many ways you can store your Digital Estate Plan. You can contact an attorney, you can store the information online, or you can store the information in a physical location, like a bank.

Step 4: Incorporate the Digital Estate Plan into Your Overall Estate Plan

A complete California Estate Plan generally includes a Living Trust, Powers of Attorney for Property and Healthcare, a “HIPAA” authorization, a Living Will/Advance Healthcare Directive, a Pour-Over Will, Deeds to your properties, Beneficiary Designations on various assets, and Guardian Nominations for minor children. You can include the Digital Estate Plan that you have organized into you overall California Estate Plan. The attorneys at the Law Office of David Knecht have extensive experience in estate planning and can advise you on how to create a plan that sets out your wishes for your loved ones in the event of your death. Contact us at 707-451-4502 for more information.

Filed Under: Digital Estate Plan