Derrick Taberski

Emphasizing Family-Based Immigration and Special Juvenile Immigrant Visas

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Immigration Law: Asylum, Citizenship, Deportation Defense, Family Visas, Green Cards

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Q. Does CA. child support cover medical for a child: April 4, 2011; A: Usually the court orders include a provision that either or both parents insure the child if any health insurance is available at little or no charge to the parent(s). The short answer is if the children can be put on an employer's health plan, they should be, and the child support ordered would be in addition to any employer-sponsored coverage. For uncovered medical costs, the default is for parents to each pay one-half of reasonable uncovered medical expenses.

Q. If a child gets a gift from their parent, does the gift belong to the child or the parent?: April 4, 2011; A: That is a loaded question. Assuming the gift is made from the parent's own money and not made for some fraudulent purpose, then a gift is a gift and as long as there is donative intent and a perfected delivery, it should be a done deal.

If you ask the IRS, a bankruptcy judge, or a family law judge the same question, depending on the circumstances surrounding the gift, they may make different conclusions. I am assuming also that the parent is giving the child an age appropriate gift like a tricycle and not transferring 100% ownership interest in a billion dollar company to a 3 year old while still secretly running the company.

Q. If my ex got a restraining order on me, is she allowed to continuesly try & contact me.?: March 30, 2011; A: If there is a restraining order in place, I assume you can communicate about visitation. Check your order to be sure. Use e-mail or Family Wizard to communicate about visitation. There should be no other communication. You are restrained, but she isn't. The restrained person is always at a disadvantage, and no one is forcing you to talk to her. Except in a rare emergency, there is no reason for you to communicate with her about the children except in writing. That would be the best way to protect yourself.