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April 2017 Archives

The issue of visitation in California

When California parents with young children go through a divorce, one of them will normally be granted primary physical custody. This usually results in the child living with the custodial parent and being able to see the other parent during visitation. In some rare cases, a parent will be completely denied visitation by the court, but even then, the parent may be able to regain some visitation rights by completing a course in anger management or undergoing substance abuse treatment.

What is child support intended to pay for?

If you plan to receive primary physical custody of your children in your pending divorce, you will likely be able to receive child support payments, too. In some California divorce cases, parents will come to an out-of-court agreement on the amount of child support the non-custodial spouse will pay. In other cases, a family law court will make this determination.

Winning a child custody case

California parents who are going through a divorce and seeking custody of their children should make sure that they plan well so that they can have a better chance of reaching a positive outcome. This may help alleviate some of the stress and uncertainty child custody disputes can cause.

How child support is handled when children get emancipated

When couples with kids get divorced, the noncustodial parents are usually required to pay child support until their offspring reach the age of majority. A child is legally considered to be an adult in California when he or she becomes 18 years old.

Child support and collecting back payments

San Jose parents who are seeking a child support order as part of their divorce may want to file a claim for retroactive support. It will not be granted automatically, however. They might need to include documentation such as a list of expenses, proof that the support is owed, and proof that the custodial parent has made an effort to collect support.

Appropriate use of child support in San Jose

Child support was designed so that the parent who has kids living with them is able to provide a standard of living that is similar to the standard the children experienced when living with both parents. While the primary goal of child support is to ensure children have food, clothing and shelter via funds from the parent not living with children, the money is not always used this way.

4 points to consider regarding property division during divorce

Getting a divorce is a challenging circumstance for anyone. When you and your ex worked hard and have assets and children together, the challenges you face might increase. It is imperative that you think carefully about how your divorce is going to impact your entire life. Make sure that you consider these important points:

How a parent's disability affects child support

Parents in California who suddenly incur physical disabilities may find it difficult to meet their financial obligations, including child support. Parents who receive or pay child support should know what they can do if the payments are not paid in full or on time due to a physical disability.

The role of a QDRO in a divorce

Couples in San Jose who are getting a divorce might need to divide their retirement accounts. This could be a more complex process than either individual realizes because of the Qualified Domestic Relations Order. It is necessary to sign a QDRO in order to split retirement savings. Individuals might need to work with a certified divorce financial analyst to make sure they understand the potential taxes and other costs associated with the QDRO and that they are getting the best deal they can.

Businesses at risk when founders divorce

In business and marriage, people in California might focus so much on succeeding that they fail to consider how to take precautions in case of failure. When romantic partners or close friends start a business, the personal relationships could create discomfort around the notion of preparing buyout agreements among company owners.

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