Frequently Asked Questions
How is Child Support calculated?
In California, child support is calculated using the Statewide Uniform Guideline for Child Support, which is found in Family Code, beginning at section 4050. This applies in all cases where there is a minor child (or dependent adult child) including dissolutions of marriage and parentage cases. Family Law Courts throughout California use county-specific software that integrates the guideline support criteria, such as each party’s income and time they each spend with the minor child. A consultation with the Law Offices of Julie M. Hill includes calculating child support (and temporary spousal support) on the court software.
What is the difference between a Will and a Trust?
A Will is a writing that says which people are to receive property and money from your estate after you die. To achieve this, a Will may have to go through the Probate process in Court. A Trust is a written instrument which leaves a specific set of instructions to the Trustee on how to handle the property in the Trust. The major benefits to this over a Will are more control, and bypassing the probate process which can be costly and time consuming. When the Law Offices of Julie M. Hill drafts a client’s estate plan, we usually draft both a Trust and a back-up Will for added protection for the client’s wishes.
What is a Parenting Plan?
A parenting plan is a written agreement that is made between a child’s parents that is also referred to a custody and visitation agreement. It is created to address how the parents will raise the child despite their separation. It can provide how the child will be cared for during school and outside of school, the division of holidays, special days, and vacations. Parents may elect to include specific detail unique to their lifestyle, culture, and religious beliefs.
What is the Date of Separation?
The Date of Separation is the date that one spouse communicated his or her subjective intent to the other spouse that the marriage is over and thereafter demonstrated his or her objective intent by moving out of the joint residence, or some other mutually agreed upon action that evidenced the end of the marriage. A Petition for Dissolution of Marriage requires specifying the Date of Separation and is to be distinguished from a Legal Separation. If parties reconcile after separating, then a new Date of Separation is needed for a future separation.