Simple Steps to Increasing Child Support

Q I have two children 15 and 13 years old. In 1978, I was awarded custody and child support of $125 per child per month. I would like to have a cost-of-living raise in my child support as 1978 prices are not the same as 1989 prices. Is there any way, other than hiring an attorney, to have this child support increased? Perhaps a form?

D.J.B.,

Cypress

A There is indeed a simplified method to change a child support order for parties who are not represented by an attorney. In fact, the method cannot be used if you plan to appear in court with an attorney.

Generally, this procedure can be used only once a year, and there is a 10%-a-year limit on any increase or decrease in the support amount. These limitations would not apply if your request for a change is due to a sudden large loss of earnings.

If your former spouse agrees to your request for an increase in support, the judge will rule on your request without the necessity of your attending a hearing. If, however, there is a disagreement, a hearing date will be set.

To assist you in using this procedure, the Orange County Superior Court has prepared a packet of the necessary forms that must be completed; a detailed instruction sheet is included. The packet can be obtained from the Civil Department of the clerk’s office in the Superior Court.

You should be aware that even though this procedure does not permit you to appear in court with an attorney, you may still seek advice from one should you have any questions.

Q I will be getting married next month. I have owned a home with a built-up equity. I am going to keep the title in my name(new married name) as sole owner. My future husband agrees since I alone plan to keep up the payments. If anything happens to me, could he step in and take possession? I would like my children to inherit it.

R.M.,

Costa Mesa

A If you die without a will, the California law of intestate succession controls the disposition of your property. Under that law, the disposition would depend upon how many children you have. Your letter is unclear as to whether the children to which you refer are presently living. According to the law, if you have one child and the house was your separate property, your husband would inherit one-half of it with the remaining one-half to go to your child. If you have more than one child, your husband would inherit one-third, with the balance being divided among the children.

One thing you should know is that if the house is community property, the Intestate Succession law provides that your husband would be entitled to a one-half interest in his own right as well as your one-half interest upon your death. Since it appears from your letter that you do not wish this result, you should make sure that any arrangement you make with your fiance regarding the separate nature of your house is valid under the law. As this can be a complex area, you may wish to consult an attorney. You should also consider consulting an attorney about making a will if you do not want the Intestate Succession law to apply.

Q I heard that in California, a dog owner is not responsible for his dog biting people if it is the first time it has happened. Is this true?

T.D.,

Tustin

A No. The law is clear that an owner is responsible for damages suffered by someone bitten by his dog regardless of whether the dog did or did not have a prior record for viciousness. The only limitation is that the person bitten cannot have been a trespasser. In other words, the person must be in a public place or lawfully on private property, which would include invited guests of the dog’s owner.