Divorce And Family FAQ

Get your phone questions answered at no charge by a local family law attorney experienced in divorce, child custody, child support, and other family law issues. The Law Office Tracy Y. Toledo can assist you in resolving your family law issues. Contact Attorney Tracy Toledo online or call now 209-523-5000 for a free 15 minute phone consultation. We are here to help you.

Can I represent myself without a family law attorney

While you can always represent yourself in any court proceeding. It is not usually recommended. You should always consult an attorney, particularly regarding decisions that will potentially affect the rest of your life.

The Law Office of Tracy Y. Toledo can assist you in your family law needs. Contact Attorney Tracy Toledo online or call now 209-523-5000 for a free 15 minute phone consultation. We are here to help you.

How long does it take to get a Divorce in California?

The soonest a married person can become single in the State of California is 6 months from the date the opposing spouse is served. However, normally a divorce can take much longer, even years. If this is the case, you may have the opportunity to bifurcate the action and have your marital status terminated and have yourself declared single while continuing your divorce actions.

We know this process is very difficult on you and, therefore, we make it our goal to finish cases promptly.

The Law Office of Tracy Y. Toledo can assist you in your family law needs. Contact Attorney Tracy Toledo online or call now 209-523-5000 for a free 15 minute phone consultation. We are here to help you.

Can I or should I move out of my home?

Unless you are ordered by the court, you do not have to move out of your home. Before you take this extreme measure, make certain this is the right decision given your situation. Moving out of your home is generally a bad idea. You should consult an attorney before making such a big decision that will affect the outcome of your case and your life for years to come

Can my spouse move away with the children?

The Law Office of Tracy Y. Toledo can assist you in your family law needs. Contact Attorney Tracy Toledo online or call now 209-523-5000 for a free 15 minute phone consultation. We are here to help you.

What is the difference between Legal Separation and a Divorce?

A legal separation can divide assets, debts and decide support issues. However, unlike a divorce, at the end of a legal separation you are still married. At the end of a divorce you are single. Other than this very important difference, the process, laws and legal system are essentially identical.

The Law Office of Tracy Y. Toledo can assist you in your family law needs. Contact Attorney Tracy Toledo online or call now 209-523-5000 for a free 15 minute phone consultation. We are here to help you.

What is Child Support?

Unlike other family law issues, child support is based on guidelines created by the California state legislature. Regardless of whether you are going through a divorce, legal separation, paternity action or modifying an existing child support order, the amount of child support is based on the guidelines created by the California state legislature.

According to the statute, both you and the other parent will have a duty to provide financial support to the children. The amount you are expected to contribute for support of your children is directly related to the percentage of income between you and the other parent and other factors.

The Law Office of Tracy Y. Toledo can assist you in your family law needs. Contact Attorney Tracy Toledo online or call now 209-523-5000 for a free 15 minute phone consultation. We are here to help you.

How is Support Calculated?

The primary question is how is child support calculated? In the State of California child support payments are calculated using a mathematical formula, specifically CS = K (HN - (H%)(TN)). Because support payments are determined by a uniform calculation, it seems counter intuitive that it is such a contentious topic.

In California, child support is factored based on the net disposable income of the parents and the amount of time each parent acts as the primary caregiver. While the formula for calculating support payments appears to be straightforward, the variables used in the formula are flexible to some degree.

The purpose of support is to minimize the economic impact of the divorce and cover the basic costs of raising a child or maintaining the child's pre divorce standard of living. This, combined with net disposable incomes, is used in the calculation.

Another important factor is the amount of time each parent shares with the child. Therefore the percentage of time spent with the non-custodial parent becomes significant. Thus, the less time a parent acts as the primary caregiver the more likely their support payments to the other parent will increase.

For more information regarding child support in California you can find California Department of Child Support Services' Child Support Handbook by following the link. If you are looking to estimate support payments you can find a child support payment calculator here. https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator

Custody and child support are critical topics in divorce and family law. Every case and set of circumstances is different and it is imperative that you get accurate information regarding your situation. Information found on the Internet can be a great place to begin understanding custody and child support but shouldn't be a substitute for legal advice from a California family law attorney.

The Law Office of Tracy Y. Toledo can assist you in your family law needs. Contact Attorney Tracy Toledo online or call now 209-523-5000 for a free 15 minute phone consultation. We are here to help you.

What other child expenses can I expect to pay?

The issues of daycare and medical insurance costs are often in addition to basic child support. While both parents are expected to contribute financially to child support, only one parent will actually be required to make a payment on a monthly basis. The other parent, most often the primary residential parent, will be responsible for the day-to-day management and expenditures associated with support of the children.

The Law Office of Tracy Y. Toledo can assist you in your family law needs. Contact Attorney Tracy Toledo online or call now 209-523-5000 for a free 15 minute phone consultation. We are here to help you.

Does the court split our property 50/50?

Because California is a community property state, the general rule is everything you earn or acquire during your marriage is community property and should be split between the parties. However, there are many important exceptions to this general rule. It is important that division of asses and liabilities be done in a thoughtful manner to take advantage of financial planning and long term affects. It may be advantageous to take an unequal division of assets in exchange for lower support payments. It is critical that these issues be discussed with an attorney.

The Law Office of Tracy Y. Toledo can assist you in your family law needs. Contact Attorney Tracy Toledo online or call now 209-523-5000 for a free 15 minute phone consultation. We are here to help you.

How does the court determine custody in California?

In short, the court will use its discretion to determine what is in the best interests of the children when determining child custody. Usually it is in the best interest of the children to have continuing and frequent contact with both parents. In addition, the court typically likes to establish a custody and visitation schedule this is commonly referred to a parenting plan. The purpose of this plan is to promote stability for the children. You should be aware that this does not always result in an equal time shared between the parents. In other words it could result in one parent having 99% of the time with the child.

Unfortunately, there are many times that parents cannot agree on the time share of the children. In this case, settling a custody dispute may require the use of a mediator, or the assistance of the judge in making the decision. You may even have to have your case referred to a custody specialist to have a full custody evaluation. Trial on the issue of child custody is not unheard of. In such a case, it is critical that you gather the necessary evidence to support your case.

The Law Office of Tracy Y. Toledo can assist you in your family law needs. Contact Attorney Tracy Toledo online or call now 209-523-5000 for a free 15 minute phone consultation. We are here to help you.

What if the child is not mine?

Paternity for an unmarried father can only be proven by DNA testing or through a Paternity Affidavit. However, unless paternity is established, a father cannot seek custody rights in the form of a Parenting Plan. A paternity test can be ordered by the court.

A married man is legally presumed father when a child is conceived during the marriage even if he may not be the biological father of the child. This presumption may be rebutted by DNA testing, however, most courts require any attempt to disprove paternity be initiated within a reasonable period of time after the birth.

The Law Office of Tracy Y. Toledo can assist you in your family law needs. Contact Attorney Tracy Toledo online or call now 209-523-5000 for a free 15 minute phone consultation. We are here to help you.

I am the father, what are my chances of getting full custody?

The stereotypical belief that fathers cannot have primary custody of their children is a myth. The courts will give primary custody to the best parent whether that is the father or the mother of the child. The court will consider all factors of the relationship and the best interest of the child when determining custody. Your attorney can help you to gather the necessary information to help you to obtain the most possible time with your children.

The Law Office of Tracy Y. Toledo can assist you in your family law needs. Contact Attorney Tracy Toledo online or call now 209-523-5000 for a free 15 minute phone consultation. We are here to help you.

How do I tell my children we are getting a divorce?

Approaching the topic divorce with your children is often one of the most difficult parts of dissolving a marriage. Regardless of the age of your children, breaking the news that you are divorcing can be one of the most difficult conversations you will ever have. With young children the conversation can be even more challenging because toddlers and elementary school kids frequently do not have the emotional vocabulary to express their feelings and can have difficulty understanding the situation.

If you have children that are under the age of 8, "Sesame Street" has an initiative workshop called "Little Children, Big Challenges" www.sesamestreet.org/parents/topicsandactivities/toolkits/divorce that helps parents and these young children deal with the difficult issue of divorce. While this website assists children though the process, it also provides parents with the necessary tools to answer question asked by their children.

Discussing your divorce with your children at the appropriate time and place can begin to lay a foundation of open communication and trust. While your children do not need to know all of the truth, being honest with them during the process and demonstrating a respect for their other parent will help build a strong relationship in the future as well as help them transition through this difficult time.

If you and your spouse are on good speaking terms it is best to present a uniform front and let your children know that it is not their fault and that their life will change as little as possible.

The Law Office of Tracy Y. Toledo can assist you in your family law needs. Contact Attorney Tracy Toledo online or call now 209-523-5000 for a free 15 minute phone consultation. We are here to help you.