Recent Blog Posts in 2011 |
| 4 posts found. Viewing page 1 of 1. |
| November 09, 2011 |
| Legislative Update |
| Posted By Christina Ferrante, Attorney at Law |
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Bill AB 1349 (Chaptered) Conflicting Paternity Presumptions to Become Law Shortly:
Bill AB 1349 provides that a voluntary declaration of paternity is invalid if any of the following conditions were present at the time the declaration was executed:
- The child had a presumed parent because he or she was the child of a marriage pursuant to Family Code Section 7540
- The child already had a presumed parent under Family Code Section 7611
- The man signing the declaration is a sperm donor who is not considered a natural father as provided in Family Code Section 7613(b)
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| October 30, 2011 |
| NEW ADDITION TO FAMILY CODE SECTION 3751 - HEALTH INSURANCE |
| Posted By Christina Ferrante, Attorney at Law |
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Family Code Section 3751 provides in part that health insurance coverage shall be rebuttably presumed to be reasonable in cost if the cost to the responsible parent providing medical support does not exceed 5% of his or her gross income. In applying the 5% for the cost of health insurance, the cost is the difference between self-only and family coverage.
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| October 30, 2011 |
| CHILD SUPPORT CASE LAW UPDATES |
| Posted By Christina Ferrante, Attorney at Law |
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The following are recent child support case law updates, made through decisions made by the Court of Appeals in California:
IRMO Stanton (2010) 190 C.A. 4th 547
Obligor, Father is in the military
BAH- Basic Allowance Housing
BAS- Basic Allowance Subsistence
Father's position is that since BAH and BAS are nontaxable and a federal exemption bars levy or garnishment they are not an income for purposes of calculating child support.
The Court found that the Federal Preemption is inapplicable and Family Code Section 4053 takes into account "actual income" not "taxable income." Therefore the BAH and BAS would be included in Father's income for purposes of determining support.
IRMO Kochan (2011) 193 C.A. 4th 420
Obligor, Father is a 40 year employee with the Cal State system. If he retired, he would earn more income than by continuing to work. Father does not want to retire; he wants to continue to work. The Trial Court imputed the retirement income in calculating child support.
The Court found that a party
cannot
be ordered to retire, even if it means the party would earn more income.
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| August 03, 2011 |
| REQUIREMENTS FOR REIMBURSEMENT OF UNINSURED HEALTHCARE COSTS AND PAYMENT PROCEDURES |
| Posted By Christina Ferrante, Attorney at Law |
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| If there is an order that each parent pay one half of any uncovered medical, dental, optometric, psychological, or orthodontic expenses, and either parent has accrued or paid these costs, that parent shall provide to the other parent an itemized statement of the costs within a reasonable time, but not more than thirty days after accruing the costs. These costs shall then be paid as follows: a) If a parent has already paid all of these costs, that parent shall provide proof of payment and a request for reimbursement of his or her court-ordered share to the other parent. b) If a parent has paid
his or her court-ordered
share of the costs
only, that parent shall provide proof of payment to the other parent, request the other parent to pay the remainder of the cost directly to the provider, and provide the reimbursing parent with any necessary information about how to make the payment to the provider. c) The other parent shall make the reimbursement or pay the remaining costs within the time period specified by the court, or, if no period is specified within a reasonable time not to exceed thirty days from notification of the amount due, or according to any payment schedule set by the healthcare provider for either parent. d) If the reimbursing parent disputes a request for payment, that parent shall pay the requested amount and thereafter may seek judicial relief, or if the reimbursing parent fails to pay the other parent as required, the other parent may seek judicial relief. All of these reimbursement issues are covered by
Family Code §4063. |
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| 4 posts found. Viewing page 1 of 1. |