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For a map to the B. Sisk Courthouse location. The application and agreement can be ed to the following address: familylawdivision fresno. Once the application and agreement has been approved, you will be contacted and additional information will be provided. Family Law is the general term used to refer to the various actions regarding marital relationships and relationships between parents and children, as well as violence between family, friends or acquaintances.
The Family Law Department assists people with the following legal issues:. The Family Law Clerk's Office will provide you with the necessary forms if you are representing yourself in a family law matter. You have the option of downloading easy to understand instructional packets complete with court forms, as well as the option of downloading fillable or blank Judicial Council forms. All forms are to be completed by the party filing the legal case.
Court staff will not complete these forms on behalf of the customers. If you do need assistance, The Office of the Family Law Facilitator can provide you with information and assistance on your case, however it cannot give you legal advice. For more information click on Family Law Facilitator's Office.
Back to Top. A marriage may be dissolved on the grounds of incurable insanity ". To file for dissolution, either you or your spouse must meet California's residency requirements.
Either you or your spouse must have lived in California for at least six 6 months prior to filing your case AND either you or your spouse must have lived in the county where you will be filing the dissolution case for at least three 3 months prior to filing your case. There can be situations where both parties reside in California for at least six 6 months but they lived in different counties for the last three 3 months. In this situation, a party can elect to file in either county.
The court you file in is the court that handles your dissolution case unless both parties have moved from the county and have formally obtained a change in venue. Parties may choose to formally separate their lives but remain married for religious or other personal reasons i.
Both parties must agree to a request for legal separation. If one party files documentation requesting a legal separation and the other party file documentation requesting dissolution, the judge will grant the dissolution. If the marriage ends with the judge granting a Judgment for Legal Separation, either party may file a separate dissolution case to terminate the marital status to return both parties to the status of unmarried persons.
If you desire dissolution but neither you nor your spouse meets California's residency requirements, you may initiate a case requesting a legal separation. Once either party meets the residency requirements, you can amend the Petition form to request dissolution. Further, the conditions for nullity of marriage must have existed at the time of the marriage. There are time limits, which will prevent you from raising the issue of a voidable marriage. Time limits vary but are generally four years after the date of the marriage.
Once these time limits have passed, you will need to end the marriage and resolve issues by requesting either a dissolution or legal separation. Fresno California area for a friend wbenefits situation though the marriage is considered invalid, depending on the facts of the case, you may still be treated like a spouse for the purposes of property and debt division, custody and support as if the marriage had been valid. It is important to know that you will not receive a Judgment of divorce automatically.
You will not receive a divorce Judgment just by filing and serving a Summons and Petition, or just by filing and serving a Response. Even if the no response is filed your divorce is not final. You must take additional steps. In some cases known as "true default cases", where Respondent never files a Response and the spouses do not have a Marital Settlement Agreement, it is possible for Petitioner to get a final Judgment of divorce without Respondent needing to be involved.
Do not assume that you are divorced until you have seen a file-stamped Judgment from the court that says you are divorced. You are not free to remarry until you are divorced. May I serve papers in my own case? No, you cannot serve papers in your own case.
Anyone over the age of eighteen 18 who is not a party to the action can serve papers on the other side. When is my divorce final? The earliest date your marital status can terminate is six months and 1 day from the day your spouse is served with papers or files a response, whichever is earlier. Please note that after initial paperwork is filed you need to file various other papers with the court in order for marriage status to terminate.
How are property issues resolved in a divorce or separation case? Property issues and division of community assets and debts are ordinarily resolved by a ed marital settlement agreement or by an agreement placed on the record and later formalized in writing at a mandatory settlement conference. If settlement is not reached, contested issues are set for trial for court determination. Once a petition and response is on file, trial dates and settlement conferences can be obtained by filing an At Issue Memorandum. Once an action is filed by a Petitioner, the other party, Respondent, must be personally served with specific paperwork.
If the Respondent fails to file the necessary responding paperwork within thirty 30 days of service, the Petitioner may request the entry of default. Once the default is entered, the Petitioner can complete the paternity proceeding without the participation of the Respondent. If the Respondent files the necessary responding paperwork, the case will then proceed as either a contested matter or an uncontested matter. The action is considered contested if the parties are unable to agree on some or all issues and the Court must resolve the unresolved issues.
The action is considered uncontested if the parties are able to cooperate and agree on all issues outside of Court and the matter can proceed to its conclusion by submitting the necessary ed paperwork for the Court's ature. Before parents can address the issues of custody and visitation of their minor children, there must be an underlying action. If the parents are married, either the mother or the father must first file an action requesting dissolution of marriage, legal separation, nullity or file the petition for custody and support of minor children's action.
If the parents are unmarried, either the mother or the father must file an action to establish the parental relationship or file the petition for custody and support of minor children. Once an underlying action has been filed, the Court can address the issues of custody and visitation.
The legal standard that the court uses to determine what type of custody orders to make in your case is the best interests of the. This is a flexible standard that allows each family's and each child's needs to be considered. It is the public policy of the state of California that will have frequent and continuing contact with each parent, unless such contact is deemed not be in the child's best interests. There is no deduction given for either parent's specific living expenses such as rent, car payment, credit card bills, etc.
Depending on the of children and the amount of income the paying parent has, the percentage of take-home pay which goes for child support can range from approximately forty to fifty percent or more of that parent's after-tax income net income. The other important factor that influences the amount of support that will be ordered is the amount of time each parent has physical responsibility for the. The child support guideline has been in effect sinceand is applied by all courts in the 58 counties of California.
Judicial officers must order the guideline child support amount, even if the amount of support seems high, unless there are very special circumstances that allow the court to decrease or increase the guideline amount. By contrast, parents can agree to support figure that is below or above guideline note: parents are not able to make their own agreement regarding child support if either parent receives welfare.
One of the factors in determining guideline child support is a parent's tax filing status, which includes the of dependency exemptions that a parent is entitled to claim under state and federal tax law. The judicial officer's child support calculation will include an allocation of the dependency exemption s for the child ren involved in your case.
This means the child support calculation and order made thereon is based, in part, on asing one of the parents the applicable dependency exemption s. If a parent is entitled to claim a dependency exemption, that parent will also be eligible for Fresno California area for a friend wbenefits situation child tax credit and the earned income credit as applicable, and if available at that parent's income level. If you have support order, look at the calculation upon which it is based to see how the court allocated the dependency exemption s.
Usually, the dependency exemption s is allocated to the custodial parent. Sometimes, a support calculation will release the dependency exemption s to the noncustodial but higher net income parent because that has a better tax effect for both parents. A court may also adjust the amount of guideline child support that would otherwise be ordered if it finds circumstances evidencing hardship to a parent. Such circumstances are defined as extraordinary health expenses for which the parent is financially responsible, uninsured "catastrophic losses" and the minimum basic living expenses of a parent's natural or adopted child ren from other relationships for whom the parent has the obligation to support and who reside with the parent.
One of the parents can then provide a filed copy of the Wage and Earnings Asment Order to the paying parent's employer.
The Order instructs the employer to withhold the amount of support ordered from the employer's wages, and forward the support payment to the custodial parent or DCSS, as applicable. DCSS operates in each County in California to establish, modify and enforce collect child support orders. DCSS will also establish a paternity parentage order and health insurance order when applicable. DCSS will become automatically involved in support case when receives welfare.
DCSS services are provided free of charge. If you don't, the court will make orders against you by default, including paternity, child support, child support arrears if applicable and health insurance. Filing an Answer to the lawsuit with the court clerk will mean that DCSS cannot get any orders against you by default, or without your having an opportunity to present your case to a judicial officer, including requesting a genetic test if you are not sure you are the parent of the child ren.
Their mailing address is P. BoxFresno, CA Their telephone is or In cases where has received or is receiving welfare, federal law allows the DCSS to obtain a court order for child support back to the date the child first started receiving welfare, subject to a three year retroactive limit before the date DCSS filed the Complaint lawsuit with the court.
This is wrong. The law requires that the court make an order for the amount of guideline child support that the "absent parent" or non-custodial parent should have been paying during the time that the child received welfare and the non-custodial parent was not living with and contributing to the support of the. 's receipt of welfare will trigger support lawsuit brought by DCSS against the non-custodial parent.
DCSS has special enforcement collection powers to collect child support. DCSS can intercept take a non-paying parent's state and federal tax refunds. A parent who feels the need to have the child support order modified because of a change in circumstances since the last order was made needs to file a modification request in a timely manner. Under California law, child support is modifiable any time a parent can show the court that a material change in circumstances has occurred since the last order was made.
If a parent believes there is such a change in circumstances, that parent needs to bring the new information to the court's attention right away by filing a motion for modification in order to obtain a new order that takes effect right away. Any arrears continue to be owed until paid in full, regardless of the child's age. Arrears mean that there was a valid court order that support be paid, but the parent ordered to pay support did not pay some or all of the support while the obligation continued.
Both parents are also required to share 's uninsured health care expenses out-of-pocket or unreimbursed expenses such as co-payments equally if an order is in place that requires parents to share such expenses. Make sure you request this order from the Fresno California area for a friend wbenefits situation so it applies in your case. At the "temporary" stage of a case, meaning from the time the divorce or separation case is filed up until the time a final Judgment is entered, the court often uses the support guideline see above discussion on child support for guideline factors to determine what amount of spousal support should be paid.
The court is not required to order the guideline amount. The guideline amount is based on each spouse's income, tax filing status, and certain allowed deductions such as health insurance and union dues. At the "permanent" stage of a case, meaning after a final Judgment of separation or divorce has been entered, the court must consider certain statutory factors in deciding 1 what amount of spousal support to order, if any; and 2 the duration how many months or years of the order. The court considers factors such as the age and health of the spouses, the length of the marriage, and each spouse's job skills.
See Family Code section for more information.Fresno California area for a friend wbenefits situation
email: [email protected] - phone:(587) 325-8866 x 2940