Common Child Support Questions

Can I get my child support amount changed in San Jose? Either party can request a modification of child support if there has been a significant change in circumstances. Examples include: Job loss Increased pay Incarceration Change in the amount of time the child spends with a parent Change in the child’s needs One of the parents now has another child The child support amount can go up or down according to Read More

Who Pays Attorneys’ Fees in a Divorce?

Attorney’s fees in a divorce can be significant. Depending on the nature and complexity of your divorce, you may need to hire a San Jose divorce attorney. If your spouse is represented by an attorney and you cannot afford to hire one, you can ask the court to order your spouse to pay for a San Jose divorce lawyer to make things equal. In other cases, a spouse may request that you pay their divorce attorney’s fees Read More

How is Property Divided in a Divorce?

The rules for property division in a San Jose divorce vary greatly from state-to-state. California follows the doctrine of community property and divides that property equally between the parting spouses or domestic partners. That  sounds pretty straightforward, but the San Jose property division process can become very complicated. A San Jose divorce lawyer can help. Although the idea of dividing everything in half Read More

Common San Jose Divorce Law Questions

My spouse has filed for divorce, but I want to try to make it work. Can I fight the divorce? No. In California a divorce is granted on the request of either spouse. You may be able to convince the judge to delay the divorce by up to 30 days to give you time to try to reconcile. California is a no fault divorce state.  This means that all it takes to receive a divorce is for one spouse to state that there are Read More

Common Family Law Questions

My ex is not paying court ordered child support. Can I refuse to let him see our child? No. By law, your ex’s violation of the San Jose child support order does not give you the right to violate the custody and visitation order. It also works the other way around. If your ex refuses to let you see your child, you cannot simply stop making child support payments. You will only create problems for yourself by Read More