Contact the Thomas Hogan Law Office if you are planning on filing for divorce in Stockton. Our Stockton divorce attorneys can also assist you if your spouse has filed a divorce petition against you. Never ignore a summons in a divorce proceeding. The court will pass a default judgment against you. Your spouse will get almost everything he or she has asked for in the divorce petition.

To avail a consultation with our Stockton family law attorneys, call us at (209) 266-0316.

Stockton Family Law: Modifying Child Support

While the court will fix the amount of child support, you can always file an application for modifying the child support order after your divorce becomes final. Only the court that has passed the child support order can pass orders to modify the amount of child support payments. In case of a uncontested divorce, the spouses cannot enter into an agreement that states that the child support payment will not change for a fixed period of time. Courts have the power to change the amount. Consult with the Stockton family law attorneys of Thomas Hogan Law Office for advice on child support modifications.

Stockton Family Law: Child Custody

If there are children from the marriage, the spouse must deal with the issue of child custody. If the spouses cannot reach an agreement on this issue, the court will decide on who gets custody of the children. Our Stockton family law attorneys have assisted clients across California get child custody. The court will consider the “best interest of the child” standard in a contested divorce case while determining child custody. What is the best interest of the child will depend on the judges’ subjective beliefs as to what’s best for children. Generally the following factors can play important roles in the determination of child custody:

  • the children’s age,
  • the living conditions of the spouses,
  • the children’s preferences and
  • the relationship of each spouse with the children

Federal Adoption Assistance

Under a law called PL 96-272, Title IV-E, the Adoption Assistance and Child Welfare Act of 1980 the federal government promised to reimburse states for administrative costs and anywhere from fifty cents to eighty cents on the dollar for every dollar the states paid out in adoption subsidies for children with special needs, provided the states followed the federal law as written. Only adopted children with special needs who meet the Title IV-E criteria can receive federal adoption assistance under PL 96-272. How do you know if your child is IV-E eligible? If your social worker says so, ask for a written statement to that effect or for a copy of the child’s IV-E eligibility form to be sure there is no mistake about this. A IV-E contract is more reliable than a state subsidy contract because parents have more rights and safeguards in place under the federal law. The federal laws have no control over state subsidy contracts. For example, in some states, an individual state subsidy can be lowered without the agreement of the adoptive parents, whereas a negotiated federal subsidy amount cannot be lowered without the parents’ permission. The Stockton family law attorneys of the Thomas Hogan Law Office can assist you get Federal adoption assistance.

Guardianship

Interested individuals can also obtain involuntary guardianship on a temporary or emergency basis. The court can grant full or limited powers to a temporary guardian. The guardianship petition contains basic information about the proposed ward’s address, age, assets, and physical condition. The service of the two legal documents, notice of the hearing and the petition, to the proposed ward is a basic legal requirement. The service must be done as per the California Civil Procedure. It is at the hearing where the petitioner presents evidence supporting the proposed ward’s incapacity; it is where the ward has an opportunity to be present and rebut any allegations made; it is where the judge determines if the proposed ward is in need of a guardian and either appoints a guardian or dismisses the petition; and it is where the judge determines the scope of the guardian’s power over the ward. Clearly, the hearing is the most critical stage of the process. Our Stockton divorce & family law attorneys have years of experience representing clients in guardianship proceedings.

WE OFFER FAMILY LAW CONSULTATIONS!

Call today for a consultation with our Stockton family law attorneys. Give us a call at (209) 266-0316 and we will schedule a consultation at your most  convenient time.


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