The Law Offices of Amy M. Montes

[...] Spousal support refers to when one spouse transfers money or assets to another spouse after divorce. It may [...]

[...] Spousal support refers to when one spouse transfers money or assets to another spouse after divorce. It may [...]

[...] In order to receive spousal support, you must be getting a divorce or living separate and apart. If there is no divorce or [...]

[...] parent There has been a major change in any of the factors used to decide child support 2. Spousal Support Modification: Much like child support modification, if one or both parents wants to change [...]

[...] rules. California and a few other states are community property states. Under community property laws, all assets acquired during the marriage are considered community property. Marital [...]

[...] affect both parties. When accounting for all your assets, remember that California is a community property state. This means that any property acquired during a marriage, including debt or assets, [...]

[...] current contracts and sometimes future potential earnings. According to California law, community property is any asset or income acquired by a married person while living with their spouse. [...]

[...] current contracts and sometimes future potential earnings. According to California law, community property is any asset or income acquired by a married person while living with their spouse. [...]

[...] . The court views issues of child support and visitation independently. It is illegal for a custodial parent to deny visitation rights to the other parent in situations where visitation has been [...]

[...] to the parent with whom the child spends the majority of his or her time with, called the custodial parent, and is paid by the non-custodial parent. This is because the courts assume the custodial [...]

[...] A “move-away” occurs when the custodial parent moves the child far enough away that it disrupts the regular custodial arrangement. If your [...]

[...] cares for the child will receive payments from the other parent. The law assumes the custodial parent is already spending money directly on the child. Child support payments are paid until the [...]

[...] you cannot make these difficult decisions on your own, you should contact an experienced family law attorney to help you. When a couple is divorcing or separating, they generally have a variety of [...]

[...] of domestic partnership. We encourage you to schedule a consultation with an experienced family law attorney so you can discuss your specific concerns in greater detail. [...]

[...] support agreement. To get a clear understanding of how spousal support works, speak to a family law attorney. Don’t wait, get in touch with a legal professional, and know all your available [...]

[...] . These forms are where you explain why you think a modification is necessary. Have your family law attorney review your forms to make sure you have filled them out properly. Make sure to make at [...]

[...] There are certain rules you must follow once the divorce begins. When the divorce process begins, there are temporary restraining orders that  immediately go into effect. The [...]

[...] Questions about your taxes are common during and after the divorce process. Luckily, your attorney can help guide you through the process. Be sure to consult your [...]

[...] The divorce process has many complicated issues to consider, but one of the most stressful factors can can your [...]

[...] If one party is in prison during the divorce process, custody issues can still be finalized. Many parts of the divorce process are unchanged when [...]

[...] cannot move without the consent of the non-custodial, as well as a 45 day notice to the non-custodial parent. The purpose of this rule is to ensure the relationship between the child and the non- [...]

[...] the age of 18, graduates from high school, marries, emancipates or joins the military. The non-custodial parent is required to pay a reasonable amount of child support to the custodial parent to cover [...]

[...] these matters, since the default provisions are often not ideal for the father or the non-custodial parent. If an unmarried couple with children separates and does not get the court order, the [...]

[...] will not allow virtual visitation if it puts the child in danger. For instance, if the non-custodial parent has a history of substance abuse, physical abuse, sexual abuse, or illegal activities, [...]

There could be any number of reasons why a family member would need to take care of a relative’s child. Biological parents could be deployed in the [...]

To establish guardianship of a child, you first file a petition declaring your interest in getting guardianship of the child, which includes a filing [...]

In California, a grandparents has limited rights when it comes to visitation or child custody. There are a few specific circumstances where a court ca [...]

Parents are allowed to appoint a legal guardian for their own child, and doing so is good planning. If something were to happen that made you unable t [...]

[...] is not legally married has a close relationship with the child which is encouraged by the biological parent. An equitable parent is not a biological parent, and can be a mother or a father. If the [...]

[...] is not legally married has a close relationship with the child which is encouraged by the biological parent. If granted custody or visitation, the equitable parent must pay child support. Alleged [...]

[...] -parent adoption is approved, the adoptive parent will have all the same rights as a biological parent. If the parents ever separate, the adoptive parent will have custody and visitation [...]

[...] ’s health care, education, living arrangement, financial support, and other issues. If the biological parent of the child is not consenting, it may be necessary to file for non-parent custody.In the [...]

[...] you a divorce, you must present your reasons for it. This is true whether it is a fault or no-fault divorce. In a “no fault” divorce, the spouse filing for divorce does not need to prove any [...]

[...] , regardless of why, where, when, or at whose behest the engagement ended. This is because no-fault divorce makes it possible for marriages to end without bitter court fights over whose fault it was, [...]

[...] , no joint debts, and no children, you probably don’t need an agreement to get a no-fault divorce. But, an agreement leaves no doubt about any details pertaining to the end of your marriage. [...]