DAVID PISARRA

Archive for July, 2009|Monthly archive page

Child Support Help for Unemployed Dads Accused of Sexually Molesting

In child custody, Child Custody Issues, Child Support, Parental Alienation, Paternity Issues, Strategy Issues, Uncategorized on July 29, 2009 at 6:15 am

Parenting has become war for some people. It’s a shame that some people use their children as a means to help make ends meet. I know the custodial parent will say that raising a child costs more than they will ever receive in child support and they are right. But that doesn’t stop some custodial parents from trying to increase their support any way they can.

For others it’s a matter of control. They hate the father. There’s a variety of reasons, from “it was just a one night affair – why wont he go away” to “he’s a low-life scum and I KNOW he’s molesting my baby.”

When a father is accused of sexually molesting a  child, it triggers a whole host of problems. Depending on who did the reporting, when it gets investigated by Child Protective Services, the case will either be closed for lack of grounds (this frequently happens when the reporter is the Mom and she is doing it only to cause problems or lay the foundation for Parental Alienation) or investigated further. If a mandatory reporter (doctor, therapist, psychologist, school counselor etc ) does the reporting there is a much greater chance of a full blown investigation because usually the child has said something that has triggered the investigation.

An unemployed dad, who is accused of sexually molesting his child, and who has to pay child support, needs help, badly. The first thing any father who is unemployed should do, is file a Motion to Reduce the Child Support he owes. In California it is called an Order To Show Cause, basically it’s an application for the order, and a declaration under penalty of perjury that your income has dropped and the child support needs to be recalculated.

This is important to do as soon as possible, so that you can get a court date and reserve what is called Retroactivity. That means the court can modify the amount of child support you owe going back to the date you filed – that’s called Retroactive Child Support Modification. This is important because you may not be in front of a judge for 3 months.

You need to do this, because if you are unemployed and facing sexual molestation charges, you need an attorney who specializes in that area, and they will need to be paid up front. This is a VERY very VERY serious matter. I call it the Nuclear Option and more and more moms are using against dads.

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GEORGIA DIVORCE ATTORNEY QUOTES ME!

In Child Support, Property Issues, Spousal Support, Strategy Issues on July 23, 2009 at 10:54 am

That article on 8 budgeting tips is getting picked up ! Alexandra Waddington posted it on her blog :

http://www.augustagadivorcelawyer.com/2009/07/augusta-ga-divorce-lawyer-8-budgeting.html

Keeping things neat and clean is crucial for divorcing couples. “Make copies of everything related to financial issues,” said Santa Monica, Calif.-based family law attorney David Pisarra. “When couples split up, bills are no longer jointly paid so if you are contemplating a divorce it’s critical to acknowledge the financial components that come along with it.”

GETTING DIVORCE READY !

In Child Support, Property Issues, Spousal Support, Strategy Issues on July 23, 2009 at 10:43 am

Here’s a great article WWW.SUNHERALD.COM that takes my advice on record keeping for getting Divorce Ready: http://www.sunherald.com/love/story/1493567.html :


2. Organize important records.

Critical records like your will, birth certificate, passport, 401(k) statements and tax returns, should be stored in a safe and easily accessible spot, such as a safe. Keeping things neat and clean is crucial for divorcing couples. “Make copies of everything related to financial issues,” said Santa Monica, Calif.-based family law attorney David Pisarra. “When couples split up, bills are no longer jointly paid so if you are contemplating a divorce it’s critical to acknowledge the financial components that come along with it.”

Good article on planning and strategy.

Justice calls for an end to quickie divorces

In child custody, Child Custody Issues, Child Support, Parental Alienation, Paternity Issues on July 2, 2009 at 9:47 am

Check out this article, she writes about how her brother killed himself, but was a great dad, and maybe the costs of being away from his kids lead to the depression.

http://www.cnn.com/2009/LIVING/07/02/sears.family.divorce/index.html