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In the unfortunate event that a parent finds herself or himself alone with the newborn, there are options an individual can take in hopes of improving the life of both the parent and child. When an unwed mother accuses a man of being the father of her child or vice versa, this is a legal dispute called a paternity suit. Where paternity of a child is an issue, any party in interest, the mother, the father, or the child, can ask the court for a determination. A private action for paternity is usually either brought by the mother (at times with the counsel of an expert San Diego divorce attorney) in order to get support or by the father to establish his legal rights as the father. Regardless of who brings the paternity suit to court, litigation can be brought by a private party.

In San Diego divorce lawyers advise clients to familiarize themselves with terms and definitions of paternity suits when filing this type of case

A person identified as the child’s father in paternity suits is called the “putative father”. When the suit names the putative father as a defendant in a paternity case, he has a choice of either consenting to the entry of a paternity judgment or contesting the action. If the putative father consents, he would sign a Declaration Acknowledging Paternity, which would establish the legal relationship between the father and the child. It is imperative that you seek the advice of a San Diego family law attorney in your area before consenting.

If the putative father denies that he is the father or is not sure, DNA tests based on a cheek swab conducted on him, the mother, and the child can indicate a probability of paternity. The tests can exclude a man who is not the biological father and show the likelihood of paternity if he is not excluded.

DNA testing has become the most powerful test for determining paternity and is admissible in paternity trials. The percentage is usually from 95 to 99 percent. That means that if the test determines that the probability is that percentage or higher, paternity is presumed. The burden is on the putative father to rebut the presumption, which is a very difficult task. In addition to child support, paternity establishes emotional, social, and economic ties between the father and the child. Once paternity is legally established, the child gains certain legal rights and privileges.

In California, there are critical time limitations on bringing an action for paternity. Therefore, in order to protect your rights as a father, mother, or those of your child, it is important that you check with an experienced San Diego family law attorney regarding paternity laws.

Laws are not just legal codes and language for any country but they are also something which holds a relation or behavior of any individual. They guide and explain operations and acts of a citizen of a country. On the one hand, a law can stop the misconducts and ill practices, while on the other; it also checks the negligence on part of government and other administrative population.

There are scores of categories of laws that exist in a country and guide the smooth working of day-to-day life. One such law is family law. Family law is the universal term applied to refer to the assortment of actions regarding liaisons between parents and children, or martial relationship as well as sadism or cruelty between relations, acquaintances or associates. As family is the imperative ingredient of anyone’s life and acquires an important position; it becomes very necessary to preserve the relations within the family.

The disintegration and fragmentation of a relationship is extremely difficult and strenuous on a person who goes through it, both emotionally and financially. The legal issues that crop up at this time are multifaceted and imperative, involving both preferences and resolutions.

The San Diego family Law provides legal services for divorce, paternity, family law and child custody and is handled by San Diego family lawyers. San Diego family law attorneys give suggestions and also help in progressing of family relations. Moreover, it tries to end the distortions and fights among the couples and the members of the family. But if the parties do not agree upon living together then the separation matters are also handled with a great care so that either of the parties is not at loss. Family law San Diego also provides with information related to family law, appointments, and aid to the public.

In conjunction with other family law service providers the attorneys provides with legal forms and procedural guidance to resolve the case with ease and effortlessness.

When a couple separates or divorces, the court may order one spouse to pay the other a certain amount of support money each month. Within the context of family law San Diego attorneys refer to this as “spousal support” or alimony. Courts in California look at a number of factors when deciding if spousal support should be awarded, and if so, for how long and for how much.

In a short-term marriage (under ten years), the courts are likely to assume that each spouse has kept the same ability to support him/herself as before the marriage, and while a brief adjustment is expected, the court expects each spouse to be substantially independent and self supporting within a reasonable period of time. In a long-term marriage (ten or more years) the court is more likely to find extended support appropriate. This determination is case-specific and fact driven.

The court has discretion to award temporary spousal support before trial at any time. Temporary support generally is granted to preserve the “status quo.” In San Diego family law, judges generally rely on a computer calculation using a program called, “DissoMaster.” This same program cannot be relied upon in setting permanent support.

Unlike temporary support, in setting permanent support at the time of trial, the court is required to consider all the following circumstances: the earning capacity, marketable skills, and job of the supported party, including time, expenses, and education/training, impairment of one spouse’s earning capacity due to periods the spouse stayed home to devote to domestic duties, the extent the supported spouse contributed to his/her spouse’s career, education or professional license, the ability of the supporting spouse to pay, each spouse’s needs based on their marital standard of living, each spouse’s assets and debts, the duration of the marriage, and other factors.

In determining a spouse’s actual income for support purposes, a court may consider as “gross income”: salary, wages, bonuses and commissions, overtime pay, if you regularly work overtime, income from rental property and other investments, and other sources of income. In the Court’s discretion, it may consider the earning capacity of a parent in lieu of a parent’s income Termination of Spousal Support There are certain specific events that typically end the obligation to pay or right to receive spousal support: The death of either spouse, the remarriage of the spouse who is receiving spousal support.

In addition, a top San Diego family law attorney explains that substantial changes of circumstances may lead to modification or elimination of spousal support. Examples include: the retirement or laying off of the spouse paying spousal support, substantial increases in the income of the spouse receiving spousal support, and payee spouse’s cohabitation with (”living with”) a presumed sexual partner without marriage.

The effect of the payee spouse’s cohabitation with a presumed sexual partner outside of marriage is a controversial issue. Some courts see this situation as a basis for terminating spousal support in every case. Other courts view this situation as a basis for terminating support only if the relationship is “marriage like.” Some courts examine the relationship to see if it provides, or should provide, financial advantage to the spouse receiving support. If it does, the court may decide that the alimony award should be lowered or eliminated altogether.

Normally, once a court ends the obligation to pay alimony, it can’t be revived or “brought back,” even if the situation of the receiving spouse changes substantially. Be proactive. It is critical that you obtain competent legal advice early on, so that the attorney can make a comprehensive evaluation of all the relevant issues. Determining a spouse’s “actual income”, for setting spousal support may require extensive financial discovery, especially if one spouse is running a business or is otherwise not forthcoming with the truth about all the finances, assets, and debts. One spouse also may try to intentionally reduce their income to avoid their spousal support obligation. There are many other issues that likely will have direct impact on this issue. Seeking professional advice by an experienced San Diego family lawyer early on can insure the best possible outcome whether you are the payor spouse or the payee spouse.