2015: What Are Some Commonalities for a Paternity, Divorce or Legal Separation Case in San Diego Superior Court and Why Does It Matter?

In a divorce, legal separation or paternity in San Diego, it is very important you understand what basic commonalities occur. For example, no matter whether a legal separation, paternity or divorce case, if you have minor children, there will be commonality of custody and visitation. The application of the law regarding the parenting plan and custody and visitation are the same for all three. In addition, child support is calculated by the Disso Master program in family law court and the amount of the child support order will be the same wether a paternity or divorce or legal separation. There is a difference for spousal support since alimony is not ordered in paternity cases however the spousal support amount is the same whether a legal separation or divorce. Similarly, the division of assets and debts will be identical whether a divorce or legal separation however there is no division of debt or asset in a paternity case. Attorney fees are identical in analysis no matter whether a legal separation, divorce or paternity case.

Understanding basic commonalities is only part of the analysis. All of us have our own opinions, for example, on what is the best way to raise our children. Under California law, the standard is the “best interests” and some may agree with this and some may not as there can be a legitimate difference in what is in the best interests. Some parents may believe corporal punishment is in the best interests of a child or children at times and some parents may not. Some parents may believe that medicating children is in their best interests and other parents may not. The law, however, defines best interests in the context of health, safety and welfare [in part] and looks to frequent and continuing contact by both parents {except in limited circumstances} and also to bonding and stability. There are some basic California Family Law Codes which can help you understand how the law defines best interests and three are listed here: FLC Section 3011; Family Law Code Section 3020 and Family Law Code Section 3040. Reviewing these Code sections can help focus on the elements the law will consider in the parenting plan and placement of children. Parents often disagree on the amount of child and/or spousal support to be paid or received. Often, the payor believes the court order payment is too high and the payee believes that the court order is too low. The Disso Master program is a court approved guideline calculation for both child and spousal support. This will give realistic expectations as to the amount of support so litigation can be provided. As to division of assets and debts, this is standard from date of marriage to date of separation equally with some limited exceptions. A careful analysis of all issues is very important for realistic expectations.

The law firm of Doppelt and Forney, APLC can discuss commonalities and also analyze your case and try and give realistic expectations since no attorney can guarantee the outcome of a case. The law firm can run guideline support for both spousal and child support. The law firm offers a 30 minute virtual consultation which is private and confidential and also at no charge. Feel free to call for your appointment to discuss your individual case.