Family Law Blog

What if My Spouse is Hiding Assets in Our Divorce?

Thursday, January 26, 2017

Divorce is sometimes messy, and sometimes it involves one spouse hiding assets from the other.  Because California is a "community property" state, meaning that all property acquired during a marriage is marital property and jointly owned, spouses are occasionally tempted to keep some assets a secret so that they are not evenly split with their soon-to-be ex-partner.  

In fact, according to the National Endowment for Financial Education, nearly one-third of people admit to financial deception with their partner. It is logical to assume that divorce does not improve these percentages. Automobiles and other tangible items are hard to hide, but bank accounts, investment accounts and retirement accounts are more easily concealed.

California Family Code Section 2100 states that divorcing parties must provide "full and accurate disclosure of all assets and liabilities in which one or both parties have or may have an interest."  Although not doing this might be tempting, it is a bad idea and carries severe penalties.  

If one party does not accurately disclose all assets and engages in "oppression, fraud, or malice" as outlined in Section 3294 of California's Civil Code, then the court must award 100% of the hidden assets to the spouse from whom they were concealed. In other words, if a husband hides his $50,000 savings account from his wife during the divorce and meets the "oppression, fraud or malice" criteria, then a judge will award the $50,000 to the wife.  The court might also award attorney fees.

If you are considering divorce, then please contact us.  Our skilled, dedicated attorneys will review your situation and determine the best path forward.  We are here to protect your rights.

Dealing With Tardiness in Child Custody Matters

Thursday, January 19, 2017

When figuring out a parenting plan and child custody schedule, parents might work something out before finalizing a divorce or have matters settled by a judge. Either way, everything won't always go according to plan. A visitation order might list how often and at what times a noncustodial parent receives access to a child or children. Problems may arise if one parent stops following the schedule by showing up late or not showing up at all. Here are some tips for dealing with tardiness or absences.

Occasional Slip Ups

Parents should try to work with each other when possible and realize that unplanned events do arise every now and then that could interfere with the regular schedule. Being late once or twice will happen, and it's better to not get worked up if little things like this occur.

When It Becomes A Habit

If a parent is always late or frequently changes plans without warning, start by talking to them. Maybe there is a reason and an easy fix for the problem or the person doesn't even realize there is an issue. Though a fixed schedule is helpful for kids and adults, real life can get in the way. Changes to a schedule might be needed as time passes.

When Parents Can't Work It Out

Mediation could be the right solution if both parents want to reach an agreement but are unable to communicate and solve the problem. A mediator could help parents find and agree on a compromise. If mediation doesn't work and nothing improves, going to court to enforce or change an order might be necessary. Try to document what is happening and how it affects your children.

When divorcing or trying to raise children after a divorce, an attorney's assistance may be needed. Contact us today for information about how we could help you.

What To Do When Your Ex Is Alienating You From Your Child

Thursday, January 12, 2017

After undergoing a divorce, you may find that your ex-spouse is alienating the child from you. When they are preventing the child from meeting you, it is simply known as parent alienation. The case becomes more complex, however, when the other parent is having a damaging psychological effect on your child’s relationship with you.

The other parent may be denigrating you in front of your child or telling them that you do not love them. When the child develops negative feelings towards you, it is called Parent Alienation Syndrome, which was researched by Richard Gardner some decades ago.

The problem over here is to get the court to recognize what is going on. Parent Alienation Syndrome is not a medically recognized syndrome. Of course, if the court determines that the other parent is undermining your relationship with your child, they will probably step in and attempt to remedy the situation by setting up therapy sessions for the child or even by giving you child custody (in severe situations). The court is looking out for your child's best interests, which is to have a healthy relationship with both parents. 

However, before the court will take action, they will usually order a third-party psychological evaluation for the child. This can take time, and before you know it, the case can drag on for a year, with the alienation only getting worse.

The key to winning over here is to get the court to take action quickly, without dragging their feet. That’s why you need a lawyer who is knowledgeable in child support and alienation matters. For legal help, and to save your relationship with your child, make sure to contact us.

Child Custody: What Are The Best Interests Of The Child?

Thursday, January 05, 2017

One of the most heated and intense moments in your life can happen when child custody becomes the topic. For years, people have made their claims on why they should obtain custody of the children when a marriage or relationship ends. 

This is why it is so important to have the help of an experienced child custody attorney who can help protect the rights you have as a parent. You are fighting for your children, and you deserve to get the best results for the children you love so much.

Many people think that child custody cases are always ruled in favor of the mother. However, this is no longer the case. Many states across the United States will view both sides of the situation and determine the best situation for the child.

The child's best interest should always be number one. Several factors will determine where the child will live and who gets to make the important decisions in the child's life. 

If you do not understand how child custody battles work and you need someone to fight on your behalf, an experienced family law attorney will explain everything you need to know so that you can move forward with getting the results your child needs.

Some of the factors that are taken into consideration during a child custody case include the following:

  • Where the child wants to reside(if he or she is old enough to determine what he or she wants)
  • What the parents want
  • How well the child adjusts to the current environment
  • The mother/child and father/child relationship
  • The type of home life each parent can provide

This is only a small list of the things that will be considered when you are in the middle of a child custody battle. It is important to remember that the best interest of the child is what the judge will consider. 

If you need to be advised on what your chances may be in obtaining custody of your child, Contact a California child custody attorney today.