Is it contempt to fail to fill out your income and expense declaration?

The best family law attorneys in San Francisco Bay Area will inform clients about the importance of financial disclosures.


An Income and Expense is declaration is a budget worksheet used for several reasons: establishing/enforcing child support, spousal support, attorney fees, sanctions.
California courts require the exchange and submission of financial disclosure documents (I&E, preliminary and final declaration of disclosures) in all dissolution, legal separation and nullity actions.


Can I be held in contempt for failing to file an Income and Expense declaration? No California court has ever held an individual in contempt for filing a false I&E or FL 142. However, the court has inherent jurisdiction and a party may request sanctions under the Family Code for monetary sanctions in an amount “sufficient to deter repetition of the conduct or comparable conduct.”

What is a child care authorization?

Child Care Authorizations define the terms when another person can make decisions about your child. For example, a Child Care Authorization authorizes another adult (either a nanny or relative) to notify school, doctors, or day care that your child is ill. 
You should use a Child Care Authorization document if:
·       You want to authorize your child's school to release your child to another individual
·       You want to give authorization for another individual to make decisions regarding your child in your unexpected absence.
A child care authorization is a legal document which allows another individual or institution to take care of your child temporarily or to make decisions about your child. Authorizations are usually limited in scope, but can be helpful when you are leaving your child in the care of others. 

Click here for California's Childcare Authorization Form  

Five Tips for Divorcing Parents

Divorce is never easy on kids, but there are many ways parents can help lessen the impact of their break-up on their children:

1. Never disparage your former spouse in front of your children. Children know they are "part mom" and "part dad" and the criticism hurt your child’s self-esteem.

2. Encourage your children to see your former spouse frequently. Do everything within your power to accommodate the visitation as frequent and continuous contact is required by law. 

3. If you are the non-custodial parent, pay your child support. The loss of income facing many children after divorce puts them at a financial disadvantage that impacts them for the rest of their lives.

4. If you are the custodial parent and you are not receiving child support, do not tell your children. Conversations about scarcity can feed a child's sense of abandonment and further erodes their stability.

1. If at all possible, do not uproot your children. Stability in their home and school life helps shield children from the trauma of their parent's divorce.

What is legal custody?

"Legal custody" is the ability of a parent to make decisions regarding the health, safety and welfare of a child.  

As a Bay Area family law attorney, I often see legal custody issues in educational issues - such as where a child attends school and his or her IEP plan.  Legal custody can also impact the types of vaccines given to your child.  

Additionally, parents with joint legal or physical custody who are high conflict may wish to document all interactions for future reference.   

Learn more about child custody and visitation by clicking on the categories below. 

 

How do I stop child support or get visitation rights on a child I’ve never seen and mother refuses to allow me?

Bay Area Family Law attorneys will tell clients that unfortunately, whether or not you get visitation and contact with your child and child support are unrelated.  You will need to pay child support until your child is 18. If your co-parent is not cooperating in terms of visitation, you may need to file in court for an enforcement order. 

Learn about Contempt and how to file for contempt

Learn more about Child Support and Child Custody by clicking the categories below.