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Can a Parent Quit Their Job or Decrease Their Income to Decrease or Avoid Child Support?

There is strong public policy in favor of providing adequate child support, such that court often ‘impute income’ to a parent, in order to meet the needs of the child. Marriage of Destein (2001) 91 CA4th 1385, 1391.

While there is no statute to point to what defines earning capacity, its meaning has been well established in Marriage of Regnery (1989) 214 CA3d 1367, 1372. State v Vargas (1999) 70 CA4th 1123, 1125. The Regnery court found that one can be imputed when unemployed or underemployed parent. They adopted a three-part test allowing imputation when the parent has (1) the ability to work (taking into account factors such as age, occupation, skill, education, health, background, job experience, and qualifications, and (2) an opportunity to work (an employer willing to hire), but (3) lacks the willingness to work consistent with ability and opportunity. 214 CA3d at 1372. Courts after Regenery recognized...

Tess was invited to speak on ESPN 1700AM Jesse’s Secret Stash Radio show!

Certified Family Law Specialist, Tess Reutzel appeared live on Jesse's Secret Stash ESPN 1700AM to discuss the 4 Biggest Family Law Mistakes. Tess shares a little about what she does as a family law attorney and offers insight and new perspectives on some tricky family law matters. Thanks to Jesse and ESPN for having us!

Click here to watch the full video!

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Can I Move from San Diego with my Children?

Many clients contact me asking how the court orders involved in a custody case impact their right to move out of the county or out of the state, whether it is for a new job, being closer to family, or due to the high cost of living in San Diego.  While a divorce is pending, automatic orders are in place prohibiting a parent from traveling with the children out of the state, let alone moving with them.  Even after a divorce or paternity case is finalized, most orders prohibit a parent from moving the children outside the County of San Diego without a court order or agreement with the other parent.  So how do you go about being able to move?

The move away process is rather complicated in California, and is dependent upon the previous orders in the case.  Obviously, the court will take special consideration in move-away cases since...

Client Conflict Check

Attorneys – Check Out Client Conflict Check!

This article is for the many lawyer colleagues throughout the country that visit our website for useful information.  We wanted to pass on some information about a valuable resource to comply with the Professional Rules of Conduct and avoid conflicts of interest that we use in our firm.

Client Conflict Check provides a cloud-based, fast system that allows attorneys in a law firm to instantly check for conflicts of interest when a prospective client calls their office.  For a list of features that Client Conflict Check provides, click here.

*Note: This firm is not associated with Client Conflict Check and does not warrant its products or services.  This blog post is informational only.

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Law Offices of Tess Reutzel