Family Laws In Stockton CA
The laws associated with family law are very similar to most of the other states and only have a few minor differences. For example, the state of California does not ask for blood tests or waiting periods for individuals who wish to marry as most of the other states require. In addition, California allows for same-sex individuals to marry. The family law in practice areas includes protective orders, stalking, domestic and child abuse. Below are a few topics related to family law in Stockton CA.
Calculations For Child Support In California
One of the common questions that come from parents that have decided to separate and divorce is related to child support and how it will be determined by a court. To begin with, child support will be paid by the parent who is known as non-custodial. This is associated with the fact that the parent that has custody of a child or children is currently supporting their children financially in the form of providing shelter, food or any other requirements. This means that the parent who is non-custodial must be the individual that provides contributions towards this support. When the situation arises that a third-party has gained custody of a child it is usually a possibility that both the parents of the child will be required to pay contributions for child support to this third party.
The family courts in California have specific guidelines in place that assist in calculating the money required for child support. The CDCSS (California Department of Child Support Services) uses a guideline calculator that assists in providing an estimated amount that the non-custodial parent should be paying or what the custodial parent may be entitled to in regards to child support. Under the California law, the father and the mother have duties that are equal in supporting their children until they turn 18 and they are a full-time student in a high school or they complete grade 12 or when they turn 19 whichever may occur first.
Marriage Law In California
Marriage in the state of California has become available to same-sex or gay couples after the Proposition 8 was overturned by the U.S Supreme Court which was a ban on same-sex marriages. Under the marriage law in California, the people who intend to get married have to be 18 years or older and both parties need to consent to this marriage as well as the possess the capacity to do so.
In order for any individual to have a capacity it means they are of “sound” mind and are able to appreciate and understand the nature of such a union. This particular requirement will not prevent an individual that has any type of mental illness or issue from entering into a marriage. Provided the individual will understand what the obligations involved are in marrying another individual. Any physical inabilities associated with consummating marriages will also not stop a person in relation to having capacity.
Requirements For A Marriage License
Typically, any couple that gets married in the state of California will be required to attain a “marriage license” that is provided by a county clerk preceding the marriage. This marriage license when in the state of California will only be valid for a period of 90 days. This is why it is very important after the application for a “marriage license” that the individuals that are planning on the marriage do so before the 90 day period elapses. After the marriage has taken place, and the certificate has been completed and signed, it has to be given back to the necessary county clerk offices from where it was first issued within 10 days after the marriage ceremony.
In California marriages are recognized that have been made validly in any other state or a foreign jurisdiction provided that this marriage was recognized in the said jurisdiction. An example of this would be a marriage which was entered into validly and recognized in the state of Massachusetts will be considered as recognized and valid in California if this couple has decided to relocate to California. It is advisable to consult with a family-law attorney in Stockton CA if any person is requiring legal assistance or may have any queries about marriage laws in the state of California.