Going through a divorce in California requires each spouse to complete and disclose financial forms and information.

If you thought that getting a divorce in California could be just as easy as getting married, you may have to think again. California family courts require each spouse to make sure they disclose to one another any and all debts or properties each has during the divorce process. So each spouse will be required to fill out many of the financial forms, declarations concerning income and expenses, and disclosures of assets and debts as required by the California Judicial Council.

Why is disclosure so important? Well, certain answers can be found in the California Family Code. Family Code Section 721 states that "spouses are subject to the general rules governing fiduciary relationships that control the actions of persons occupying confidential relations with each other. This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other". In addition to the concept of "fiduciary relationship". the California legislature has also stressed the importance of protection of assets and a fair division of any debts involved in a marriage such that, assets in particular, are not disposed of by any spouse taking unfair advantage of the other prior to any orders for child support or spousal support. In California Family Code Section 2100(c), it states that " a full and accurate disclosure of all assets and liabilities in which one or both parties have or may have an interest must be made in the early stages of a proceeding for dissolution of marriage or legal separation of the parties, regardless of the characterization as community or separte, together with a disclosure of all income and expenses of the parties."

As you can see, Calfornia law requires spouses to disclose their assets and debts, their income from all sources and expenses, and by doing so, the spouses can fairly divide such assets or debts, fairly assign such assets or debts to the other spouse upon settlement or conclusion of a divorce case, and receive fair orders concerning child or spousal support orders depending upon the circumstances of a case.

When a spouse refuses to disclose, there can be legal consequences such as ssnctions, awards for attorney fees, or contempt orders. The forms and declarations involved in a divorce or legal separation case in California can be overwhelming. However, when property disclosures and financial declarations are done correctly, a spouse can be comfortably assured that he or she is not being unfairly treated or taken advantage of by the other spouse.

The Gonzalez Law Firm is located in the cities of Fullerton and Santa Ana, and has helped many individuals receive fair treatment and outcomes in divorce, child custody, property division, child support and spousal support cases. Call 877-345-2997 to schedule a consultation with Attorney David Gonzalez.

Santa Ana Attorney David Gonzalez explains child support.

If you ever have a case in family court, you most likely will encounter the issue of child support. Parents often times want to know how much will be the amount ordered for child support by the family court judge. Before getting to the how much part, it is important for parents to understand why the State of California puts much emphasis regarding the issue of child support when children are involved in a family court case.

California has a strong public policy in favor of adequate child support. That policy is expressed in the statutes under the California Family Codes, 4050 through 4076, or often called the statewide uniformed child support guidelines. The purpose of such guideline child support is to make certain that the interests of children are met given that such interests are of high priority for the state. As one family law case put it, " A parent's first and principal obligation is to support his or her minor children according to the parents' circumstances and station in life. Each parent should pay for the support of the children according to his or her ability." In re Marriage of Cheriton.

Family courts, therefore, are obligated to adhere to the child support guidelines and mathematical formulations provided by the child support statutes.

However, the family courts are also directed to consider the following principles when making child support orders:

1. Both parents are mutually responsible for the support of their children;
2. The guideline formula takes into account each parent's actual income and level of responsibility for the children;
3. Each parent should pay for the support of the children according to his or her ability;
4. Children should share in the standard of living of both parents;
5. Child support orders in which both parents have high levels of responsibility for the children should reflect the increased costs of raising children in two homes and should minimize significant disparities in the children's living standards in two homes;
6. The financial needs of the children should be met through private financial resources as much as possible;
7. It is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of children;
8. The guideline seeks to encourage fair and efficient settlements of conflicts between parents and to minimize the need for litigation;
9. The guideline is intended to be presumptively correct in all cases, and only under special circumstances should child support orders fall below the child support mandated by the guideline formual;
10. Child support orders must ensure that children actually receive fair, timely, and sufficient support reflecting the state's high standard of living and high costs of raising children compared to other states.

So you can see and now understand the reason the family courts in California place a high priority when considering orders for child support. Children and their interests are of high priority for family cours. The principles stated above are weighed by family courts when making orders for child support. Family courts will often make child support orders based upon the child support guideline and the above principles. There are times orders for child support can deviate from the child support guideline. If there is any deviation, the court must explain the reason for the devation.

Whenvever you are faced with the need to have child support orders or the need to change or modify a current order, seek the legal help and experience from the Gonzalez Law Firm. Attorney David Gonzalez can review and analyze your current legal issue and advise you accordingly. His offices are located in Santa Ana and Fullerton. He has represented many individuals with their child support issues in the family courts in Orange, Riverside, San Bernardino, and Los Angeles Counties.

Fullerton Attorney discusses domestic violence and its impact on child custody.

The California Family Code defines domestic violence under Family Code 3044 (c): a person has perpetrated domestic violence when he or she is found by the court to have intentionally or recklessly caused or attempted to cause bodily injury, sexual assault, or to have placed a person in reasonable apprehension of imminent serious bodily injury to that person or to another, or to have engaged in any behavior involving but not limted to, threatening, striking, harassing, destroying personal property or disturbing the peace of another, for which a court may issue an ex-parte order pursuant to Section 6320 to protect the other party seeking custody of the child or to protect the child and the child's siblings.

Child custody cases can involve allegations that one parent has perpetrated or has threatened the other parent of domestic violence or abuse. A family court must consider any history of abuse perpetrated by one parent in order to determine whether it is in the best interest of a child that a parent who has perpetrated domestic violence be given custody of that child. If a court rules that a parent has committed domestic violence within the previous 5 years, that ruling creates a presumption in the law. The presumption is called a rebuttal presumption. Simply put, a family court would likely not award sole or joint legal or physical custody of a minor to that offending parent because such an order would be detrimental to the best interest of that child.

That presumption is a rebuttal presumption, meaning that a parent found to have committed domestic violence by the court can overcome that presumption by demonstrating evidence such that the court can understand that ordering custody rights to that parent would not endanger the health, welfare and safety of the minor child. Such evidence can include a completion of certain parenting programs, anger management programs, counseling, participation in volunteer programs assisting the community or helping with centers for the prevention of domestic violence, just to name a few examples.

A parent's right to have child custody or to have visitation with his or her child will be impacted when there exits independent corroboration that such parent has prepetrated domestic violence or has threatened domestic violence.

If you are a parent and you are facing allegations that you have perpetrated domestic violence, it is best to seek representation from a child custody family law attorney. Call the Gonzalez Law Firm at 1-877-345-2997 for a consultation. The Gonzalez Law Firm has offices in Santa Ana and Fullerton. Your parental legal right to have frequent and continuing with your children needs to be protected.