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California Child Support Guideline Review
Each U.S. state is responsible for developing a child support enforcement program that complies with federal requirements, including a guidelines method of calculating child support. At minimum, 45 C.F.R. 302.56 requires each state to establish and publish a guideline that is presumptively (but rebuttably) correct, and review the guideline, at a minimum, every four years. Background California has codified its guideline in its Family Code sections 4050–4076. The California child support guideline is "presumptively" (but rebuttably) correct and directed toward the following principles or goals: * (a) A parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life. * (b) Both parents are mutually responsible for the support of their children. * (c) The Guideline takes into account each parent's actual income and level of responsibility for the children. * (d) Each parent should pay for the support of th ...
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Custodial Parent
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the right to make decisions about the child, and ''physical custody'', which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, "residence" and "contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the concepts of " ...
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Non-custodial Parent
A noncustodial parent is a parent who does not have physical custody of his or her minor child as the result of a court order. When the child lives with only one parent, in a sole custody arrangement, then the parent with which the child lives is the ''custodial parent'' while the other parent is the ''non-custodial parent''. The non-custodial parent may have contact or visitation rights. In a shared parenting arrangement, where the child lives an equal or approximately equal amount of time with the mother and father, both are custodial parents and neither is a non-custodial parent. A "child-custody determination" is a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. A custody determination can be made through a permanent or temporary order, or as part of an initial custody determination or later modification of a prior custody order. A custody determination may be made at the same time as an ord ...
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Women's Rights
Women's rights are the rights and entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st centuries. In some countries, these rights are institutionalized or supported by law, local custom, and behavior, whereas in others, they are ignored and suppressed. They differ from broader notions of human rights through claims of an inherent historical and traditional bias against the exercise of rights by women and girls, in favor of men and boys.Hosken, Fran P., 'Towards a Definition of Women's Rights' in ''Human Rights Quarterly'', Vol. 3, No. 2. (May 1981), pp. 1–10. Issues commonly associated with notions of women's rights include the right to bodily integrity and autonomy, to be free from sexual violence, to Women's suffrage, vote, to hold public office, to enter into legal contracts, to have equal rights in family law, Right to work, to work, to fair wages ...
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Fathers' Rights
The fathers' rights movement is a social movement whose members are primarily interested in issues related to family law, including child custody and child support, that affect fathers and their children. Many of its members are fathers who desire to share the parenting of their children equally with their children's mothers—either after divorce or as unwed fathers—and the children of the terminated marriage. The movement includes men as well as women, often the second wives of divorced fathers or other family members of men who have had some engagement with family law. Many members of the movement are self-educated in family law, including child custody and support, as they believe that equally-shared parenting time was being unjustly negated by family courts. Though it has been described as a social movement, members of the movement believe their actions are better described as part of a civil rights movement. The movement has received international press coverage as a res ...
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Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards ** Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and juven ...
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CalWORKs
The California Work Opportunities and Responsibility to Kids (CalWORKs) program is the California welfare implementation of the federal welfare-to-work Temporary Assistance for Needy Families (TANF) program that provides cash aid and services to eligible needy California families. Eligibility and Benefits CalWORKs provides cash aid to parents, as well as a variety of services intended to help them find and prepare for employment. The most current requirements, and application instructions, can be found on thCDSS CalWORKs website the main requirements are: * residing in California, * being either pregnant or responsible for a child under 19 years of age, * being a U.S. national, citizen, legal alien, or permanent resident, * having low or very low income and other resources, and * being either under-employed (working for very low wages), unemployed, or about to become unemployed. To receive benefits, parents must fulfill requirements such as working 30 hours per week and/or appl ...
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Child Custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the right to make decisions about the child, and ''physical custody'', which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, "residence" and " contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the concepts of ...
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Child Support
Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid directly or indirectly by an ''obligor'' to an ''obligee'' for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, a guardian. Depending on the jurisdiction, a custodial parent may pay child support to a non-custodial parent. Typically one has the same duty to pay child support irrespective of sex, so a mother is required to pay support to a father just as a father must pay a mother. In some jurisdictions where there is joint custody, the child is considered to have two custodial parents and no non-custodial parents, and a custodial parent with a higher income (obligor) may be req ...
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Child Support In The United States
In the United States, child support is the ongoing obligation for a periodic payment made directly or indirectly by an "obligor" (or paying parent or payer) to an "obligee" (or receiving party or recipient) for the financial care and support of children of a relationship or a (possibly terminated) marriage. The laws governing this kind of obligation vary dramatically state-by-state and tribe-by-tribe among Native Americans. Each individual state and federally recognized tribe is responsible for developing its own guidelines for determining child support. Typically the obligor is a non-custodial parent. Typically the obligee is a custodial parent, caregiver or guardian, or a government agency, and does not have to spend the money on the child. In the U.S., there is no gender requirement for child support; for example, a father may pay a mother or a mother may pay a father. In addition, where there is joint custody, in which the child has two custodial parents and no non-custodial p ...
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