California Divorce FAQs
1. All property acquired during your marriage is automatically considered "community property" and divided equally upon divorce.
Not necessarily true. Although income and property purchased with earnings during the marriage is community property, gifts, inheritance and transmuted property (transferred to a spouse) are separate, not community property.
2. My former spouse is marrying someone with money so the child support payment I make will decrease.
Not true. Child support is based on need and each parent's ability to pay support. The fact that your former spouse is marrying someone with money does not change your ability to pay for your children. However, the new spouse's income may be considered in the setting of support, if the new spouse's income allows that parent to have more disposable income to pay child support.
3. My former spouse is not paying child support, so I can prevent him from having any visitation with the children.
Absolutely not true. Your former spouse's obligation is a court order. The child visitation schedule is also a court order. Both are separate and independent of each other. The violation of a child support order does not give you the right to deny visitation. Each of you can take the other to court, you both are wrong and could be sanctioned by the court.
Torrance Law Firm of Artiano & Associates, A Professional Corporation
3828 Carson Street
Suite 102
Torrance, CA 90503-6713
(Los Angeles County)
Phone: 310-543-1240
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