Sentences with phrase «family code section»

Family Code Section  § 4061 (b) provides that first the guideline child support amount is calculated.

However, as child custody laws in California became more progressive and with the passage of Family Code section 3042 and its companion in California Rules of Court 5.250, children have a voice to express their custody preference today unlike ever before.

Family Code Section 4062 lists two types of child support add - ons: mandatory and discretionary.

Under a California (Family Code Section 3044) the state states policy regarding custody and domestic violence.

The family court takes all of the factors in Family Code section 4320 into account and then makes an order.

California Family Code Section 4055 Child support is based on a combination of your and the other parent's incomes and the amount of time you each spend with the children.

One little - known provision of the Family Code involves the use of Alternate Dispute Resolution (ADR) as part of a court - ordered family centered case resolution plan as described in Family Code section 2451.

Further, Family Code section 2451 (a)(3) gives protection to attorneys who follow any discovery plans adopted as part of a court - ordered family resolution plan as follows:

A lot of people think that they can avoid the statutory (CA Family Code Section 2100) requirement of making a full financial disclosure by coming to mediation.

The law (Family Code Section 2100) requires a «full disclosure», which means that you and your spouse will need to disclose your income, expenses, assets and debts.

This is for three reasons: (1) California Family Code Section 2100 requires that full disclosure be made between parties to a divorce; (2) if your mediator does not know about all of your assets and debts, he or she will not be able to give you appropriate guidance; and (3) if either you or your spouse is unaware of all of the assets and debts, there is no way there can be an informed decision making process.

We do not construe it to limit, expressly or by implication, the right of a custodial parent to relocate under Family Code section 7501.

Spouses who want to separate can sign a separation agreement that is legally binding as a contract between them, particularly where it concerns property division, and the separation agreement can eventually serve as the basis for a divorce or annulment order under Texas Family Code Section 7.006.

Similarly, although Family Code section 3020 refers to «frequent and continuous contact,» it does not purport to define the phrase «frequent and continuous» or to specify a preference for any particular form of «contact.»

Under California Family Code Section 7610, an unwed mother automatically gains custody of her child upon birth.

These decisions are described in California Family Code Section 3003 as «decisions relating to the health, education and welfare of a child,» such as what school the child will attend and what religious training he will have.

California Family Code Section 3004 requires each parent to have significant periods of physical custody of their child, with time shared in such a way that frequent and continuing contact with both parents is assured.

* California Family Code section 1620 and case law prohibit a postnuptial agreement from addressing support issues or terms which would violate public policy.

Family Code section 3183, which governs custody mediators who are required by Family Code section 3160 to be offered by all California Superior Courts, has been revised effective 1/1/11 to mandate...

3 Feb. 8, 2018)(unpublished) was a situation where the family law judge awarded $ 15,000 in Family Code section 271 sanctions against both former spouses but also denied ex-wife's request for $ 50,000 in «needs - based» fees under Family Code sections 2030/2032.

1 Mar. 12, 2018 partially published; fee discussion published; other parts of opinion modified Mar. 27, 2018), the 4/1 DCA decided that a trial judge did not err in ordering that Family Code section 271 sanctions against an ex-wife could be paid for by ex-husband's deduction of the sanctions from the variable component of his spousal support obligations (in this case, future bonus payments).

However, after determining that separate property and pre-separation community income fiduciary breaches could not give rise to sanctions under Family Code section 1101 and reversing 4 of 16 listed fiduciary duty violations, the Sixth District determined that section 1101 (g), a mandatory fee statute, could not support a fee award as far as the 4 reversed breaches were concerned.

The family law court's obligation is to divide the parties» community estate equally per Family Code section 2550.

Texas Family Code Section 7.001 requires a court to make a «just and right» division of property with regard to the rights of the spouses and any children of the marriage.

Family Code section 271, which we have explored many times before, is a statutory provision that allows family judges to sanction parties or litigants in family law proceedings where they fail to promote settlement or fail to cooperate so as to drive up costs.

«Quantum Meruit: Discharged Contingency Attorneys Entitled To Quantum Meruit Recovery, Not Pro Rata Distribution Where Contingency Award Could Satisfy All Fee Claims Main Family Law: Lower Court Did Not Have To Consider Financial Needs Factor In Awarding Discretionary Fees Under Family Code Section 6344 (a) In Domestic Violence Proceeding»

California Family Code Section 271 can be a powerful tool for spouses involved in California divorce.

The public policy of California State, expressly articulated in Family Code Section 3020, is «to assure that children have frequent and continuing contact with both parents» after a divorce or separation.

The courts, under the authority of Family Code Section 2030, can order one spouse to pay «whatever amount is reasonably necessary» to make sure that the other spouse has this access.

Spousal Support (Family Code Section 4320): While pre judgment spousal support is generally calculated using a formula, long term spousal support is determined by review of various factors.

California Family Code Section 2030 essentially levels the playing field.

Maiden, Jan (2001) «Winning By Financial Attrition: A Study of Attorney Fees Under California Family Code Sections 2030 and 2032,» California Western Law Review: Vol.

'' [T] he Family Code sections implicate a fundamental human right: the right to marry.

Judge Richard A. Kramer wrote in a tentative decision that Family Code Sections 300 and 308.5, «violate the equal protection and privacy provisions of the California Constitution -LCB- Cal Const.

5 Sept. 29, 2017)(unpublished) dealt with the issue of whether a trial judge could order a needs - based fee award under Family Code sections 2030/2032 based on the perception that one ex-spouse could obtain a loan to fund the fee award.

The second one involved an ex-wife's appeal of a needs - based $ 10,000 fees award to ex-husband under Family Code sections 2030 and 2032.

Not exact matches

Subsequent tax incentives in the 1980s (such as Section 1042 of the Internal Revenue Code) allowed owners of privately held businesses to defer their capital gains taxes when they sold more than 30 % of C corporations to the employees and managers through ESOPs or eligible worker cooperatives.15 Often, retiring entrepreneurs would sell 100 % in stages so that they could fully retire if they had no heir to operate the company or the family wished to cash out on their stake.

Families for Excellent Schools is approved by the Internal Revenue Service as a 501 (c) 3 organization, referring to the section of the tax code on charities.

The legal framework in relation to the code of practice indicated that under Section 25 of the Children and Families Act 2014 local authorities (Schools) should ensure integration between educational provision, health and social care provisions, where this would promote wellbeing and improve the quality of provision for disabled young people and those with SEN. (page 38 of the Code of Practicode of practice indicated that under Section 25 of the Children and Families Act 2014 local authorities (Schools) should ensure integration between educational provision, health and social care provisions, where this would promote wellbeing and improve the quality of provision for disabled young people and those with SEN. (page 38 of the Code of PractiCode of Practice).

Also, the District of Columbia Human Rights Act, approved December 13, 1977 (DC Law 2 - 38; DC Official Code § 2 - 1402.11 (2006), as amended) states the following: Pertinent section of DC Code § 2 - 1402.11: It shall be an unlawful discriminatory practice to do any of the following acts, wholly or partially for a discriminatory reason based upon the actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, or political affiliation of any individual.

Attorneys working in a nonprofit child or family service agency with high risk children from low income families may qualify to have some of their Perkins Loans (not Direct Loans) forgiven under 34 CFR (Code of Federal Regulations) Section 674.51.

A tax - advantaged plan created pursuant to Section 529 of the Internal Revenue Code to help families save for the qualified higher education expenses, including K - 12 tuition expenses, of a beneficiary.

Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204 (a) and available for military family housing functions, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $ 97,655,000.

A capital project described in this subsection does not include any project for military construction (as that term is defined in section 114 (b) of title 10, United States Code) or a military family housing project under section 2821 of such title.

This site provides a comprehensive list of the California Family Code by chapter, including definitions and full text from each code sectCode by chapter, including definitions and full text from each code sectcode section.

Less people are familiar with section 153.015 of the family code that provides a way for judges to order electronic communication with a child as a way to supplement the time a parent has to spend away from their child under a possession order.

The central yardstick of assessment by the family court is then Section 1666 of the Civil Code.

(3) If a court, prior to April 11, 1991, issued an order granting parenting time rights to a parent who is not the residential parent and did not require the residential parent in that order to give the parent who is granted the parenting time rights notice of any change of address and if the residential parent files a notice of relocation pursuant to division (G)(1) of this section, the court shall determine if the parent who is granted the parenting time rights has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child.

(2) When a court grants parenting time rights to a parent who is not the residential parent, the court shall determine whether that parent has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child.

(4) If a parent who is granted parenting time rights pursuant to this section or any other section of the Revised Code is authorized by an order issued pursuant to this section or any other court order to receive a copy of any notice of relocation that is filed pursuant to division (G)(1) of this section or pursuant to court order, if the residential parent intends to move to a residence other than the residence address specified in the parenting time order, and if the residential parent does not want the parent who is granted the parenting time rights to receive a copy of the relocation notice because the parent with parenting time rights has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child, the residential parent may file a motion with the court requesting that the parent who is granted the parenting time rights not receive a copy of any notice of relocation.