2023 Parental Rights in Assisted Reproduction:

Effective from January 1, 2023, there is new embryo, ova, and sperm legislation, detailed in Fam C §7613(d)(1), which provides clarity on the complex issue of parental rights concerning embryo donation, especially when the intended parent is neither the spouse nor the nonmarital partner of the provider.

Embryo Provider's Parental Rights

A core aspect of this legislation is that it aims to protect the rights and intentions of all parties involved in assisted reproduction. If an individual or a couple provides an embryo to an intended parent under the mentioned circumstances, the law clearly states that the provider will not be deemed the natural parent of the conceived child unless there's satisfactory evidence that both the provider and the intended parent intended for the provider to be recognized as a parent.

Consent from Original Genetic Material Providers

The legislation takes a step further in situations where the provider of the embryo is not the original source of the ova or sperm. In such cases, the law mandates the written consent of each original provider of the genetic material. However, this requirement can be bypassed if the original providers have previously executed a writing, consenting to, waiving, or relinquishing their rights to the genetic material, or if a court order provides otherwise.

Implications and Future Considerations

This legislative piece seeks to establish clear boundaries and safeguards to prevent potential legal disputes that may arise from the complex arrangements in assisted reproduction. By mandating explicit consent and clarifying the rights of embryo providers, it adds a layer of legal protection and certainty to all parties involved.

Moreover, it nudges the conversation forward regarding the legal intricacies surrounding modern reproductive technologies. The stipulations within Fam C §7613(d)(1) not only provide a structured legal framework for embryo donation and assisted reproduction but also underscore the importance of clear agreements and understanding among the involved parties.

Moving forward, this legislation could serve as a blueprint for other states grappling with similar issues, ensuring that the laws keep pace with the advancements in reproductive technology while safeguarding the rights and intentions of all parties involved.

New Child Support Legislation in California: A Closer Look at Parental Earning Capacity Assessment

In light of the new legislation that came into effect on January 1, 2023, the process of determining a parent's earning capacity for child support in California has become more nuanced. This legislation mandates the courts to delve deeper into the individual circumstances of the parent, as far as known, when establishing or modifying support orders. A myriad of factors come into play, painting a more accurate picture of a parent's financial standing and ability to contribute towards child support.

Understanding the Factors Affecting Earning Capacity

Under the new legislation, as stipulated in Fam C §4058(b)(2), a broader spectrum of factors surrounding a parent's circumstances are to be considered. These include, but are not limited to:

• Assets

• Residence

• Employment and earnings history

• Job skills

• Educational attainment

• Literacy

• Age

• Health

• Criminal record and other employment barriers

• Record of seeking work

Moreover, the local job market dynamics also play a significant role in this assessment. The courts will consider the availability of willing employers, prevailing earnings levels in the community, and other pertinent background factors that could affect the parent's ability to earn.

Special Consideration: Incarceration or Involuntary Institutionalization

A notable aspect of the new legislation is the treatment of incarcerated or involuntarily institutionalized parents. Per Fam C §4058(b)(3), the law specifies that such circumstances should not be regarded as voluntary unemployment when establishing or modifying support orders, irrespective of the nature of the offense leading to incarceration or institutionalization. This particular provision aligns with the definitions set forth in Fam C §4007.5(e), offering a more balanced approach towards evaluating a parent's earning capacity under challenging situations.

Implications and Moving Forward

This legislative amendment reflects a more compassionate and realistic approach towards evaluating a parent's financial capability for child support. By considering a broader range of life circumstances, the law aims to foster fairer child support determinations that truly resonate with the parent's ability to contribute.

The nuanced assessment of earning capacity underscores the evolving landscape of family law in California, promoting a more equitable framework for child support that aligns with the realities faced by parents today. This is a progressive step towards ensuring that child support orders are just, equitable, and in the best interest of the child, while also being fair and achievable for the parents involved.

Wage assignment orders

In order to have use a wage assignment order for child support you need to have a state wide DCSS case open.

Navigating Spousal Support: A Comprehensive Overview

Introduction: Spousal support, also known as alimony, is a crucial aspect of family law in California. It aims to ensure fairness and financial stability for both parties after a divorce or separation. While there are statutory guidelines in place, the outcome of spousal support cases can be uncertain and subjective. In this blog post, we'll provide an overview of spousal support, highlighting key considerations and Family Code Section 4320.

Understanding Spousal Support: Spousal support, particularly long-term or post-judgment support, involves several critical factors that impact its determination. Here are some key aspects to consider:

1. Becoming Self-Supporting:

   • The recipient spouse is expected to make reasonable efforts to become self-supporting within a reasonable period.

2. Marriage Duration:

   • For marriages shorter than 10 years, half the term of the marriage is often considered a reasonable time for self-support, although this is not absolute.

   • For marriages longer than 10 years, there is no presumption regarding the duration of support.

3. Marital Standard of Living:

   • The "marital standard of living" serves as a reference point for determining post-marital support needs but is not always a definitive guide.

4. Co-Habitation:

   • When a support recipient lives with another person, there is a presumption of decreased need for support, though this can be rebutted.

5. Impaired Earning Capacity:

   • If domestic duties during marriage significantly impair one's earning capacity, additional time or training may be necessary before re-entering the workforce.

6. Support for Education/Training:

   • Support may include funding for education or re-training to enable self-sufficiency.

7. Adjusting Support:

   • Support amounts may be adjusted based on milestones such as completing an educational program or achieving specific goals.

8. Cohabitation Impact:

   • Cohabitation can affect the amount and duration of spousal support.

9. Lump-Sum Support:

   • While support is typically monthly, lump-sum arrangements can be made by agreement.

Considering Family Code Section 4320: Family Code Section 4320 is a crucial reference point for spousal support decisions. It outlines various factors that the court must consider, including:

• Earning capacity of both parties.

• Contributions to education, training, or career by either spouse.

• The supporting party's ability to pay.

• Needs based on the marital standard of living.

• Obligations and assets of each party.

• Duration of the marriage.

• Ability of the recipient to work without affecting dependent children.

• Age and health of the parties.

• History of domestic violence.

• Tax consequences.

• Balancing hardships.

• Goal of self-sufficiency for the recipient within a reasonable time.

• Criminal convictions of an abusive spouse.

Spousal support cases can be complex and emotional, but understanding the factors involved, including those outlined in Family Code Section 4320, can help bring clarity to the process.

(Note: This blog post provides general information and should not be considered legal advice. Always consult with a qualified family law attorney for specific legal guidance.)

The Unseen Losses of Divorce: Beyond Just Your Partner

Divorce is more than just the end of a romantic relationship. It signifies the loss of dreams, connections, and parts of oneself that were intertwined with another. The journey of divorce is filled with unexpected losses that can leave deep scars.

1. The Extended Family: Imagine being embraced by a family for over a decade, only to feel the cold shoulder of abandonment when the relationship ends. The bonds we form with in-laws can be deep and meaningful, and their sudden absence can feel like a betrayal.

2. Grieving a Dream: The end of a relationship can mean mourning the life once envisioned, especially when children are involved. Discovering that the person you thought you knew might have been a facade can be a harrowing experience.

3. Friendship Dynamics: It's a harsh reality when friends, who once stood by both partners, drift away or choose sides. The sting of such losses can be as painful as the end of the romantic relationship itself.

4. Self-Worth and Identity: Relationships shape our sense of self. When they end, it's not uncommon to grapple with questions of self-worth, especially if the relationship began at a young age. The journey to rediscover oneself can be both challenging and transformative.

5. The Children: For parents, the pain of not being with their children during significant moments, holidays, or everyday life can be heart-wrenching. The shared memories and "remember when" moments become treasures of the past, with no one to reminisce with.

6. Financial and Mental Strain: Divorce can take a toll on mental health, time, and finances. The disparities in income and the costs associated with therapy and legal proceedings can be overwhelming.

7. Pets and Shared Possessions: Sometimes, the smallest members of the family, our pets, become unexpected casualties of divorce. Their absence can leave a void that's hard to fill.

Navigating the complexities of divorce requires more than just legal expertise. It demands compassion, understanding, and a genuine desire to help clients find their way through the maze of emotions and challenges.

As a compassionate and dedicated divorce attorney, I understand the multifaceted nature of divorce. My commitment is not just to guide you through the legal process but to be a pillar of support, ensuring that your voice is heard and your interests are protected. Because at the end of the day, it's not just about ending a marriage; it's about starting a new chapter with hope, clarity, and dignity.