child custody attorney Los Alamitos

If you’re looking for an experienced, compassionate child custody attorney near Los Alamitos, look no further. As a successful businessman,Binoye Jos experienced his own long, drawn out child custody battle. In fact, after spending hundreds of thousands of dollars on the “best” attorneys in Orange County, Mr. Jos finally decided to represent himself. The outcome? He won his case. Since he was so successful after taking the matter into his own hands, and arguing his case against experienced attorneys, he decided to become an attorney so that he could help others achieve the proper outcome with regard to their own child custody issues. Child custody matters take into consideration all the issues, big and small, concerning future living arrangements for the child, including parenting time of the noncustodial parent.

Child custody is the most vital aspect of any separation and/or divorce action in court. It is of utmost importance to each child that their parents make the best, most responsible decisions possible when choosing an attorney to represent them throughout the child custody process. The courts require strict adherence to many rules and regulations in every child custody case. Since child custody is so emotionally charged, child custody decisions are – and should be – some of the most difficult decisions of one’s life. The health and wellbeing of your child are at stake, and every good parent wants to do whatever is in their child’s best interests. These decisions must be made with utmost sincerity by both parents, and in a manner that ensures that each child is served in a manner that is most beneficial to them.

At JOS FAMILY LAW, you can rest assured that your case is being handled by an experienced attorney who possesses not only the knowledge and understanding required to navigate your case and negotiate on your behalf, but one who also cares deeply about your matter and will give you the best possible legal advice and services.

Unfortunately, some parents use their child as a weapon against the other parent. This is so detrimental to the child, who will ultimately suffer the most with mental, physical, and spiritual difficulties that will cause them undue and utterly undeserved pain, often for many years past the time when they reach the age of majority. At JOS FAMILY LAW, Binoye Jos helps and supports each and every client in a manner that takes into account all the sentiments and emotions that accompany any child custody case. Mr. Jos assists his clients to work with opposing parents as much as possible in order to handle as many issues as possible before involving the courts. When parents no longer live together, and depending on the age and emotional maturity of the child, the courts often take into consideration the child’s preference regarding living arrangements. Because a child will be deeply affected by the decisions reached by the courts about which parent the child will live with, and because any and all such decisions will affect the holistic growth and wellbeing of the child, the courts consider input from the child seriously, whenever appropriate. If you find yourself in a difficult situation regarding child custody issues, you must have an experienced and understanding attorney to help you reach a resolution that best suits you and your child. Feel free to contact JOS FAMILY LAW, and we will help you throughout the child custody process in the most seamless manner possible. Call us at (714) 733-7066, or contact us via email at jos@josfamilylaw.com. We look forward to serving you.

CHILD SUPPORT

Generally, all child support orders end when the child reaches the age of eighteen, or if 19 but has not graduated high school, is emancipated or dies.

However, parents can be obligated to continue to support their adult child if the child is incapacitated from earning a living and lacks the means for self-sufficiency. This has been interpreted by case law as the possibility that the adult child will become a public “charge,” meaning dependent on public benefits. Such payments must be made directly to the adult child unless he or she has a legal guardian or conservator appointed by the court.

However, adult children are vice-versa required to support parents who are incapable of supporting themselves. The duty of the parents for child support is joint and several.

However, that does not signify that a child has the right to require his or parents to be compelled to assist with the costs of a college education.

A child support order is typically made at a hearing on a Request for Order as part of either a Petition to Establish Parental Relationship or a Petition for Dissolution of Marriage. The moving party also concurrently files an Income and Expense Declaration accompanied by the most recent paycheck stubs for the last 60 days. The non-moving party is also required to file their own Income and Expense Declaration accompanied by recent paycheck stubs. The Court prepares proposed child support orders utilizing either X-Spouse or Dissomaster as these programs generate calculations based on statewide uniform child support guidelines. The reason for using software to calculate support is based on save on the time consumed in calculating support by hand. The formula is:

CS= K [HN-(H%) (TN)

K is the amount of both parents’ income to be allocated to child support. HN is high earner’s income where H% is the percentage of time that person has with the child multiplied by TN which is the total net income of both parents.

Both programs allow for certain deductions, such as other support provided for other children.

Child support cannot be waived by either party even by Stipulation as the right belongs to the children. However, both parties can agree to less than guideline support if they also agree that the reduced amount will cover the child’s basic living expenses. A moving party can also request additional costs, such as child-care, tuition, uniform costs, health insurance co-payments. These are commonly known as “add-ons.”

County Departments of Child Support are specifically empowered to file Requests for Child Support on behalf of a parent that has accepted public benefits to pay for the child’s expenses in the past. However, this does not signify that there is any attorney-client relationship between County Counsel and the parent on whose behalf the County files a request for order.

A prospective parent can request child support even the child is still in utero to cover prenatal expenses.

Any child support order can also include an order for wage garnishment. The moving party is also entitled to request that any orders be made retroactive to the date of filing the request. The Court can accommodate the non-moving party by ordering the payment of arrears in installments as retroactivity inherently produces arrears on the date of the hearing. The Court may also order prospective child support is payable half on the first and the other half on the fifteenth of each month assist the non-moving party in being able to make such payments.

Arrearages continue to accrue, and a county agency may seek to collect on such even after the child has reached the age of majority. Child support cannot be discharged in bankruptcy and a part of social security benefits can be garnished at retirement to pay for past-due child support arrearages.

One parent’s custodial timeshare percentage can include time where the child spends in daycare or in school since the parent responsible during that time remains with the custodial parent despite the in loco parentis nature of both daycare and schools. If, for example, the child was to stay home sick, the custodial parent would be responsible for caregiving for that child during such illness.