Family Law Blog

Prenuptial Agreements Can Become the Solid Foundation for a Lasting Marriage

Friday, September 27, 2019

Prenuptial Agreements too often are depicted as a form of distrust, with the assumption that one person does not fully trust the other. Other times, people assume the couple does not want to share any of the wealth they might hold. Neither assumption is true. Indeed, couples who have a healthy relationship are building a solid foundation in preparation for their union by agreeing to a prenuptial agreement. 

Marriage Is a Legal Contract

Besides being in love and wanting to be by each other's side for eternity, marriage is a legally binding contract. It is crucial to have an attorney involved with the agreement because an attorney can approach your marriage from a legal standpoint to protect your finances. Thus, eliminating any financial worries later on.

Making the Agreement Enforceable 

One of the key requirements of a premarital agreement is financial transparency. Full disclosure of both your assets and debts is a must. Otherwise, the notion that one person misled the other could surface and make the agreement invalid. It could create friction where there wasn't a problem.

Why Involve an Attorney

The law is complex at best, and there are laws in California that have certain requirements that must be met. There is a time-frame to consider before signing and the couple must understand completely all of the legalities before signing. An experienced attorney will ensure that the couple knows exactly what is involved and is in complete agreement before signing.

California law is very specific about premarital agreements, and if the agreement is one-sided, was signed too soon during the review period, or one of the parties waived the right to counsel, the agreement won't be enforceable later on. There are also special considerations having to do with spousal support or children if the couple plans on starting a family.

Learn More About Prenuptial Agreements 

If you and your fiance are considering a prenuptial agreement, please contact us. Our staff is highly educated and along with their experience gives them the expertise to ensure the beginning of your new life together will start on a rock-solid foundation to build a strong, healthy, and happy marriage. 

Are You Paying Too Much in Child Support?

Monday, September 23, 2019

The court uses a specific equation in order to calculate what is deemed to be the best child support payment. Unfortunately, this equation isn't perfect. It can turn out that you end up paying too much in child support, so much so that it seems more like your spouse is benefiting from having custody of your children. So what can you do when this happens?

Many Factors

In truth, the child support calculation should take into account your own income, the amount of time you spend with the child, and their unique needs. If you are spending quite a bit of parenting time, the support payments will be lower. However, typically you will see this child support go towards the benefit of your child without causing you financial strain.

Know You're Paying Too Much

If you are either being put under financial pressure to make these payments or notice your ex-spouse spending a lot of extra money without valid cause, then you are likely paying too much. If either of these events are true, you should contact your lawyer. You will then be tasked with gathering evidence of financial strain or that your ex-spouse is misusing these funds in order to obtain a lower payment.

Find out If You Are Paying Too Much in Child Support

The world tends to look down unfavorably on those that don't pay child support. However, in truth, the imperfect equation can make those payments far too high for some to bear. You will need to prove that it causes a burden, and the court will lower them if you have at least made an attempt to pay them when you can.

If you are having divorce or child support problems, contact us today. The Law Office of Jamra & Jamra can help you navigate this difficult area of the law in order to get the best possible results. Don't suffer under this burden when there is still action to take.

Can You Increase Spousal Support?

Tuesday, September 17, 2019

alimony payment

If there is one thing that is certain in life, it is that circumstances can and will change. This is why spousal support can be so fickle. The circumstances that were your life at divorce can often change over time, but the question is, will they affect spousal support. In truth, you can increase and decrease the amount you get from spousal support payments depending on what is going on in your life. These circumstances include:

Both Parties Agree

The most rare reason is both parties can agree to lower or raise an alimony payment. Even in the most amicable divorces, this is not likely to happen, but a signed document by both parties taken to the court is good enough reason for them.

Cost of Living Adjustment

If there was a clause in your divorce that states alimony will be adjusted for the cost of living, this can cause alimony to go up in order to adjust to the annual cost of living. This often solves any future need to modify spousal support, but it can be a difficult clause for both parties to agree on.

Escalator Clauses

Similar to a cost of living clause in a divorce decree, there can also be an escalator clause. This means that when the spouse paying makes more money, they have to pay more in spousal support. However, this clause can be a gamble as it can work the opposite way as well.

Temporary Loss

If you have become unemployed temporarily, your spousal support can be modified temporarily. The courts could rule that payments stop for a short while or that they just decrease until whatever is affecting the spouse's life changes.

While divorce shouldn't be about who gets the most, you always want your fair share. If you are going through a divorce, contact us today to see how the Law Office of Jamra & Jamra can help.

A Beverly Hills Divorce Lawyer Discusses Games Divorced Couples Play

Saturday, September 07, 2019

man and woman sitting on couch

After a couple is divorced, each person begins to settle into their new life, single and unattached. Some couples have difficulty with this new way of living, and even though they are legally free and unencumbered, they continue to banter back and forth for a period of time. This is out of fear of that long forgotten way of life of living single again. 

Without a doubt, this change is not comfortable at first, and sometimes it is easier to try and hold onto that more familiar life, of having someone else around. Before your new life can get a firm foundation and, fully begin, divorced couples will play games with each other for a while until each finally accepts the break-up and moves forward. That is when the game playing usually ends.

Here are three games to look out for and to avoid if possible. 

Look at Me Now

 This game is usually played when one becomes thinner, healthier, dresses better, and in general is paying more attention to their physical appearance. That improved image is flaunted as a way of saying "Look at how much better my life is without you! Divorcing you is good for me".

The Better Parent

 Competing for being the better parent or the most liked parent by showering the kids with extravagant presents, or allowing them to break the rules the other parent sets.

Still Want Me? 

 The ex-husband becomes flirtatious with the ex-wife to see if she still wants him and will feign interest in her to see if he is still able to attract other women.

Divorce is filled with so much emotion, and even after the divorce is finalized, emotions can still run high and create problems for both involved. To learn more about divorce, please contact us.