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March 2017 Archives

Protecting business assets from a divorce

When a California couple chooses to divorce, they may be impacting more than just their lives. This is especially true if they ran a business together while they were married. Therefore, it may be a good idea to have a written agreement that spells out what would happen to the company in the event of a divorce. Doing so may give the estranged owners more say regarding whether the business is sold or who retains control after a divorce.

6 things for fathers to know about parenting plans

Parenting plans are the backbone of child custody arrangements. Parents who are creating these plans need to ensure they have all the information that they need in the plan. That way, they can avoid problems in the future. There are six things for fathers to consider when they are coming establishing the terms of their parenting plan.

Bankruptcy court rules against family court's order

Californians who are preparing to divorce should take care with how they term different payments in their property settlement agreements. As a recent that was decided in Georgia demonstrates, family court orders that purport to state certain types of property division payments cannot be discharged in bankruptcy may be invalid.

What to do when child support payments should be stopped

San Jose parents might wonder whether child support can be suspended if they both agree to it. Courts might be reluctant to stop child support because it is seen as being in the child's best interests. However, parents might want to end child support because they are getting back together. Even in this case, a parent should not simply stop paying child support. Parents need to return to family court to explain the situation.

Options for getting unpaid child support

For some California parents who have gone through a divorce, getting the other parent to pay the child support that they were ordered to pay can be extremely difficult. In many cases, noncustodial parents have the ability to pay the child support but they simply do not want to for whatever reason. Some of them decide to move to another state. In these circumstances, the Deadbeat Parents Punishment Act can help custodial parents.

Putting children first in a divorce

San Jose parents who are getting a divorce might want to consider how they can make it easier on their children. For example, the timing of the divorce could be important. Parents may feel that beginning the process during the school year will be less disruptive to a child's schedule since they can do a lot of the business of the divorce during the school day. On the other hand, parents might choose summer so they have more time with their children.

Custody requests in San Jose

California parents who want to file for custody of a child are normally required to do so in the child's home state. The home state is the state that the child has been living in with a parent or an individual acting as a parent for at least six months. For children who are not yet six months old, the home state is the state that they were born and have lived in since birth.

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