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CUSTODY TIMESHARE PERCENTAGES EXPLAINED MODIFICATIONS TO RAISE OR LOWER CHILD SUPPORT A recalculation will be done if any of the following is true: You have had one or more new children (stepchildren not included) Your income has gone down (or your ex’s has gone up) Your custody percentage has gone up. Your original computation was incorrect. Under a court order, a father is required to pay $500 a month in child support. IS IT POSSIBLE TO TERMINATE LONG-TERM SPOUSAL SUPPORT Many clients approach me and ask if it is possible to terminate spousal support. Often times these people were previously married for a long duration and have been paying a significant amount of support for several years, and sometimes for many years. Often times these people were told by their prior counsel that they would CALIFORNIA COMMON LAW MARRIAGE Myth – You are married if you say you are married. As mentioned, you must meet specific criteria to be considered married by common law, which includes: 1) Living in a state where common law marriage is recognized; 2) Acknowledging your partner as your spouse or taking your partner’s last name; 3) Filing joint tax returns; and 4 CLAIMING DEPENDANTS ON TAXES AFTER A CALIFORNIA DIVORCECA EXEMPTIONLAW
The parent claiming a dependency exemption on the child/children is the only parent eligible for the following tax benefits: All non-custodial parents who plan to take a dependency exemption should obtain IRS Form 8332 for 2009 and forward tax years. A divorce agreement or court order cannot be substituted for annually obtainingthe form from
FAMILY LAW - CALIFORNIA MARRIAGE, FAMILY, DIVORCE FACTSCALIFORNIA MARRIAGE LAWLEGAL MARRIAGE IN CALIFORNIAMARRIAGE CERTIFICATE CALIFORNIAMARRIAGE RATE TODAYMARRIAGE RATES IN USA We’ve compiled a thorough list of California marriage, family, and divorce facts and statistics from only trusted sources. Fact: California established its first divorce law in 1851, which stated that the grounds for divorce included impotence, adultery, extreme cruelty, desertion or neglect, habitual intemperance, fraud, andconviction for a
DATING AFTER DIVORCE To help out, here are some dating do’s and don’ts: Meet your dates away from home in the beginning of a new relationship. Introduce your dates as friends if your child resents your dating. Explain that parents need adult friends too. Add a tag, such as “so-and-so is my CAN THE COURT ORDER DRUG TESTING IN A CUSTODY CASE? Yes, but the Court can only order urine drug testing. Although often times parties to a divorce case will agree to hair follicle testing, the Court is not supposed to order hair follicle testing. Family Code section 3041.5 is the direct authority for a court’s ability to order drug testing. However, it contains an important RE-ESTABLISHING CALIFORNIA CHILD VISITATION OR ENFORCING Changes in Custody or Visitation May Take Time. Seeking a change in custody or visitation is a long process. It is a big commitment-both emotionally and financially. If you choose to seek a change, it is important to know that the process can take several months. UNDERSTANDING DIVORCE SETTLEMENT NEGOTIATIONS Understanding settlement negotiations will put you in a better position to take part in this critical effort to resolve everything you have worked for up until now. Because you have informed and worked with your attorney throughout your entire divorce proceeding, you can now comfortably rely on him or her and simply continue to work as partof
CUSTODY TIMESHARE PERCENTAGES EXPLAINED MODIFICATIONS TO RAISE OR LOWER CHILD SUPPORT A recalculation will be done if any of the following is true: You have had one or more new children (stepchildren not included) Your income has gone down (or your ex’s has gone up) Your custody percentage has gone up. Your original computation was incorrect. Under a court order, a father is required to pay $500 a month in child support. IS IT POSSIBLE TO TERMINATE LONG-TERM SPOUSAL SUPPORT Many clients approach me and ask if it is possible to terminate spousal support. Often times these people were previously married for a long duration and have been paying a significant amount of support for several years, and sometimes for many years. Often times these people were told by their prior counsel that they would CALIFORNIA COMMON LAW MARRIAGE Myth – You are married if you say you are married. As mentioned, you must meet specific criteria to be considered married by common law, which includes: 1) Living in a state where common law marriage is recognized; 2) Acknowledging your partner as your spouse or taking your partner’s last name; 3) Filing joint tax returns; and 4 CLAIMING DEPENDANTS ON TAXES AFTER A CALIFORNIA DIVORCECA EXEMPTIONLAW
The parent claiming a dependency exemption on the child/children is the only parent eligible for the following tax benefits: All non-custodial parents who plan to take a dependency exemption should obtain IRS Form 8332 for 2009 and forward tax years. A divorce agreement or court order cannot be substituted for annually obtainingthe form from
FAMILY LAW - CALIFORNIA MARRIAGE, FAMILY, DIVORCE FACTSCALIFORNIA MARRIAGE LAWLEGAL MARRIAGE IN CALIFORNIAMARRIAGE CERTIFICATE CALIFORNIAMARRIAGE RATE TODAYMARRIAGE RATES IN USA We’ve compiled a thorough list of California marriage, family, and divorce facts and statistics from only trusted sources. Fact: California established its first divorce law in 1851, which stated that the grounds for divorce included impotence, adultery, extreme cruelty, desertion or neglect, habitual intemperance, fraud, andconviction for a
DATING AFTER DIVORCE To help out, here are some dating do’s and don’ts: Meet your dates away from home in the beginning of a new relationship. Introduce your dates as friends if your child resents your dating. Explain that parents need adult friends too. Add a tag, such as “so-and-so is my CAN THE COURT ORDER DRUG TESTING IN A CUSTODY CASE? Yes, but the Court can only order urine drug testing. Although often times parties to a divorce case will agree to hair follicle testing, the Court is not supposed to order hair follicle testing. Family Code section 3041.5 is the direct authority for a court’s ability to order drug testing. However, it contains an important DATING AFTER DIVORCE To help out, here are some dating do’s and don’ts: Meet your dates away from home in the beginning of a new relationship. Introduce your dates as friends if your child resents your dating. Explain that parents need adult friends too. Add a tag, such as “so-and-so is my TOP 10 PIECES OF DIVORCE ADVICE The Ten Pieces of Divorce Advice You Wish You’d Gotten. The hurt does not go away once the ink dries on the divorce papers. In reality, it takes years to put your life back together. Give yourself time to grieve and process your feelings properly from the start. If you have trouble, see a therapist. MODIFICATIONS TO RAISE OR LOWER CHILD SUPPORT A recalculation will be done if any of the following is true: You have had one or more new children (stepchildren not included) Your income has gone down (or your ex’s has gone up) Your custody percentage has gone up. Your original computation was incorrect. Under a court order, a father is required to pay $500 a month in child support. CALIFORNIA DIVORCE TYPES Simplified Divorce. California divorce law does allow for a simplified divorce, or summary dissolution. There are a few restrictions, but if met this is a simple way of ending a short-term marriage for couples. SPOUSAL SUPPORT MODIFICATIONS AND TERMINATION Numerous appellate courts and California Family Code Section 4320 state that the supported spouse should become self-supporting as soon as reasonably possible if the marriage lasted 10 years or longer. Anything or anyone saying California requires lifetime support is false. When an attorney takes on your case to modify alimony, he orshe should
DATE OF SEPARATION SIGNIFICANCE California uses the date of separation as the essential date for determining property interests; property acquired by a spouse after the date of separation is considered to be that spouse’s separate property, while property acquired before the date of separation is community property.. On your first visit with an attorney, he or she will most likely ask about your date of separation. CAN A JUDGEMENT BE SET ASIDE? If your judgment was entered on or AFTER January 1, 1993, you may still be able to set aside the judgment if you can show the grounds for doing so materially affected the original outcome, and you would materially benefit from the relief. The grounds for setting aside the judgment are similar to those stated above, with a few exceptions: TEN TIPS TO HELP YOU PROTECT YOUR ASSETS Allow them to suggest professionals that will be both frank and trustworthy. 6. Photograph Joint Property and Take what you don’t want to Replace: With the exception of a business run by one spouse, you will both have equal rights to common assets from your marital residence. All property will be evaluated at its current marketcondition price.
DEFINING AUTOMATIC TEMPORARY RESTRAINING ORDERS (ATROS) Automatic Temporary Restraining Orders (sometimes referred to as “ATROS”) are mutual Orders that become immediately effective upon service of a summons issued in a dissolution, legal separation, nullity or paternity action.ATROS are summarized on the back of the Summons of a Petition for Dissolution. WHAT IS A MANDATORY SETTLEMENT CONFERENCE? About one month prior to your trial, you and your attorney are to attend what is known as the Mandatory Settlement Conference, or “MSC,” along with your spouse and their attorney. At this conference you will be able to discuss all of the issues that make up your case and have the possibility to settle as many of them aspossible.
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CHILD SUPPORT MODIFICATION GUIDE – HOW TO LOWER CHILD SUPPORT How to Reduce Child Support If you are a divorced or separated parent who has been asked to pay child support, then you may find yourself in a difficult situation. All too often, courts demand child support at a rate which places significant financial strain on the paying parent. And even if child support payments … DOMESTIC VIOLENCE: DON’T FALL VICTIM Shelter in place and quarantine orders aimed at slowing down the spread of COVID-19 pandemic may be making violence in homes more dangerous and more frequent. Domestic violence is a serious matter and should be handled accordingly. If you, or someone you know, is the victim of domestic violence, please get help as soon as … COVID-19 CORONAVIRUS UPDATES COVID-19 Update: Orange County Superior Superior Court Closure The Orange County Superior Court will remain closed to the public until April 24, 2020, with minimal exceptions for time-sensitive matters or matters pertaining to the safety and security of the community. For more information, please check the Orange County Superior Courtwebsite.
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