CHILD CUSTODY, CHILD SUPPORT, SPOUSAL SUPPORT AND RESTRAINING ORDERS:

In situations where the parties cannot agree on issues of spousal or child support, child custody or visitation, or when one party is seeking a restraining order against the other, either party can seek immediately, temporary orders from the Court by Motion or Order to Show Cause. In an Order to Show Cause, you can seek expedited orders for:

• Child custody and visitation
• Child support
• Spousal Support
• Property Restraints
• Stay Away Orders
• Exclusive Possession of property use and control
• Temporary Orders regarding the payment of debts

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CUSTODY TERMS: When seeking an award of custody, it is important to understand what the law means by its terms:

Joint Custody

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Both parents have joint physical and legal custody.

Joint Physical Custody

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Each parent will have significant periods of physical custody arranged to assure the child(ren) have frequent, continuing contact with both parents.

Joint Legal Custody

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Both parents share the right and responsibility of making decisions relating to the child(rens) health, education and welfare

Sole Physical Custody

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The child(ren) will live with and be under the supervision of one parent. A parent with sole custody may have an advantage when it comes to moving away over the objection of the other parent. “Primary physical custody” is often used instead - it has a similar legal meaning but doesn’t have the harsh implication that only one parent has the child.

Sole Legal Custody

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One parent has the right to make decisions relating to the child(rens) health, education and welfare.

When custody is an issue, the court will require the parties to attend a preliminary “Mediation hearing” in an attempt to settle the issues. There is no fee for mediation. If the parties cannot settle the issues, the mediator will submit their “recommendation” to the court prior to the scheduled hearing. The mediator does not make any orders. Only a judge can make orders on the issue of visitation and custody, but the court will not make any orders until there has been a mediation.  All children in the household who are six years of age and older must attend the mediation.

For first time mediation, there is also a requirement to attend an Orientation. The parties involved in custody and visitation disputes must attend separate orientations. Children are not allowed to attend. Parties are excused from attending only when they reside 250 miles away from the courthouse.

The time for your Orientation and Mediation will be set when your Order to Show Cause is filed with the Court.

CHILD SUPPORT:

For matters of child support, California follows a statewide guideline. It is based on the actual income of the parties and the amount of time each has physical custody of the children.  Support is normally based on actual current income, but if a court finds that a spouse has voluntarily reduced income when employment at a higher level is available. Then support can be based on that spouse’s ability to earn income.

Every order for child or spousal support must include an order assigning the wages of the paying spouse to the recipient spouse or an agency appointed by the court to collect support. The parties can agree in writing that the wage assignment order will not be served on the payor’s employer so long as payments are current.

SPOUSAL SUPPORT: Child support has a priority over spousal support. Spousal support will be considered only after children have been adequately provided for and will be based on the finances of the parties after child support has been accommodated. There are also guidelines for spousal support, but they are applied to each case in the judge’s discretion. By law, the court must consider the factors outlined in Family Code Section 4320 when calculating spousal support.

After an order regarding child support, custody or visitation has been rendered by the court, these orders and agreements can be modified at any time to accommodate changes.

RESTRAINING AND SPECIAL ORDERS:

Restraining orders are direct orders issued from the court. A temporary restraining order can be issued without a formal hearing and are intended to protect a person from the actions of another. In divorce cases, temporary restraining orders are often granted for two reasons. One is that due to the nature of divorces, one or both of the spouses may be fearful that the divorce proceeding will cause the other to become angry or vindictive. The angry party may try to cause or threaten harm to the other. The second reason involves the assets of the marriage. A temporary restraining order can order the parties not to dispose of any of the marital assets during the pendency of the divorce proceeding. After a temporary restraining order has been issued, a hearing is held where both sides can present their cases. The judge then rules whether to lift the order or make it permanent