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Who Pays for a Child's Health Insurance?

Thursday, September 17, 2020

The Affordable Care Act states that all children under the age of 18 must be covered by health insurance. However, that is not always as simple as it sounds, especially for divorcing parents. In many cases, the child will also be covered by the health insurance that a parent may get through their work. Even if the parents are divorced, the children will still be covered by the health insurance of choice or if the non-custody holding parent only has health insurance. Unfortunately, if neither parent has health insurance through their work, the coverage becomes a little more complex.

A Judge Decides

If neither parent can cover health insurance for a child post-divorce from their job, they will have to buy health insurance for their child. Unfortunately, this can be costly – as much as $1,000 per month. Who covers this cost? While mediation can negotiate splitting costs or help decide the paying party, if you take it to court, a judge will make the decision simple.

Healthcare for the child, under the eyes of the judge, is necessary for the support of the child. As such, it will typically be factored into child support payments. This means that the custody-holding parent will likely be responsible for finding health insurance for their child, but the support-paying parent will be paying for it with their monthly support payments.

This is not an ideal situation for the support-paying parent. Health insurance is expensive and the support payer may not be convinced that their huge support payment is really going to solid health insurance. However, if it is discovered that the custody-holding parent is not being aboveboard, they can be taken to court for it.

Learn More About Children's Health Insurance

Are you going through a divorce or have any other family law issue? We can help. Contact us today to see what the Law Office of Jamra & Jamra can do to help you get the best possible results.

Can Child Support Agreements Be Made Outside of Court?

Friday, September 11, 2020

For many, the costs of divorce and separation are prohibitive. No one wants to go to court, and no one really wants to pays the court their fees for their service or for legal representation in the courtroom. However, much of divorce and child support negotiation can be done outside of the courtroom to keep things affordable.

In a Courtroom

There is no requirement that says child support and parenting plans need to be figured out in the courtroom in front of a judge. Often, you will want your lawyer to help suggest what is fair in terms of child support, but much of everything else can be figured out between the two parents outside of the courtroom.

Unfortunately, when it comes to child support agreements, you can't escape the need for a judge. Once a parenting plan and child support agreement has been figured out between two parents, it will need to be presented to a judge for their approval. When it comes to child support, the first priority of the judge is the well-being of your child. As such, they will make sure the agreement looks fair and it good interest to the child. They will then approve or reject it appropriately.

This is a necessary step, but while it may be an extra cost to you, it is to your benefit. Having a judge approve your support agreement will make it legally binding. If your ex-spouse violates it, then you can take legal action against them. This is why you want to make sure as many bases as possible are covered in the agreement.

Learn More About Making Child Support Agreements Outside of Court

Are you preparing to go through a divorce or have some other family law issue? We can help. Contact us today to see what the Law Office of Jamra & Jamra can do to help you get the best possible results.

More Tips for Same Sex Marriages Ending in Divorce

Monday, August 17, 2020

When it became legal to marry someone of the same sex, many rushed to the alter because they finally could. However, others decided that they were fine the way that things were.  They decided not to change anything about their lives. 

However, once married, same-sex couples can also get divorced. It can be messy and complicated. Here are some more things to consider when getting a divorce.

Think About Your Children

If you have adopted children during your marriage, you have to consider their needs. You are going to have to come up with a good custody arrangement that works for everyone. If needed, you should pay child support so that your children can continue the life that they have been living.

Find a Way to Co-Parent Together

If you have children together, you are going to be in each other's lives for the rest of your lives. The sooner that you can get along, the better off you will be. It will also be much easier on your children if you are able to spend holidays and special occasions together.

Get the Help That You Need

If you are really struggling, you may want to talk to a therapist. He or she will help you find ways to cope with your divorce and all of the feelings that you are having. It can really make a difference in healing after a divorce.

Don't Give Up

Just because you are getting divorced doesn't mean that you are a failure. You are going to find someone again that makes you happy and ready to settle down again. You may even decide to marry again. In fact, many people are much happier in their second divorce because they really know what they want and need from their partner.

Find More More Tips for Same Sex Marriages Ending in Divorce 

If you have children, you need to consider them during your divorce. They need both of you in their lives so it is important to learn to work together so that they still have a good life. Then, if you are struggling, you need to get some help. There is nothing wrong with talking to someone as you adjust to this new time in your life. 

Contact us for all of your legal needs. We will be glad to help you get through this difficult time. 

The Child Support Process Doesn't Have to Be Scary

Friday, July 17, 2020

Unfortunately, just the words "child support" can strike fear in the hearts of fathers and mothers alike. It is a stigmatized government system that is often misunderstood and seen as a necessary evil. 

In reality, child support is designed to ensure children receive consistent and reliable support from both of their parents. This is best achieved by understanding each parent's current life circumstances and then guiding them how to best provide for their children in both homes. 

An Unbiased System

The system is set up to be unbiased. Payment responsibility and amounts are calculated using an impartial statewide calculation system. Items that impact responsibility and amount include:

  • Gross income
  • Expenses
  • Amount of time spent with child(ren)

With regards to the last item, it is important that each parent accurately documents the amount of time spent with their child(ren) in case it becomes a "he said/she said" situation at any point. The court looks favorably on a paper trail. Minimally, use a calendar to not only note sleepovers, but also rides to/from school, extracurricular activities spent together, visits and so on. An hour here and a couple hours there adds up quickly. It is particularly important to note when custody schedules are not being upheld and why.

Professionals Remove the Emotional Factor

Many amicable parents tend to handle the payment of child support on their own, trusting the paying parent to do so in a timely manner. Unfortunately, the relationship could take a turn for the worse for a wide variety of reasons, and withholding child support is often the first line of attack.  

This can be avoided by engaging with a professional right from the beginning. It takes the emotion out of the equation since the agency is in the middle acting as a non-partial gatekeeper, so to speak. Children's lives are kept more consistent and stable, which is of utmost priority.

Let Jamra & Jamra Help

Jamra & Jamra's Beverly Hills child support lawyers have been practicing family law in California for nearly 40 years. We are experts at providing guidance through complex and emotionally fraught child custody and child support scenarios.

Examples of services typically provided are:

Please contact us for a free in-office initial consultation. After a thorough analysis of the facts of the case, our lawyers will promptly offer all of the legal options available.

When It’s Time to Modify a Child Support Order

Tuesday, July 14, 2020

Going through a divorce after establishing a family is stressful and upsetting. Sometimes the turmoil doesn't end when your divorce finalizes. Perhaps you and your ex-spouse settled on a child support agreement—perhaps the court ruled on an appropriate order. Either way, changes may occur that give cause for a change in your child support order.

Changes That Effect a Child Support Order

Have you or your ex-spouse experienced one of the following changes?

  • The income of one or both parents has changed
  • A parent has a child from another relationship
  • There have been significant changes in time the child spends with each parent
  • A parent becomes incarcerated
  • The child's needs change in cost, including but not limited to health care, child care, or education
  • There have been changes in any of the factors used to calculate child support.

For parents who have already been through the trials of a divorce, going back before a judge to argue with your ex can be dismaying. You've already gone through the proceedings once before. Still, the financial needs of you and your children are very important. As a parent, you want the best for your child, and if some occurrence puts a strain on your wallet, it is in your best interest to obtain a fair resolution. Whether that is with the cooperation of the other parent or without, having the correct child support is essential to the stability of yours and your children's lives.

Proceedings

Child support proceedings can transpire through multiple avenues. You may reach a new settlement with your spouse amiably, or you may have to take them to court. You may also involve your local child support agency (LSCA). The LSCA acts as a middleman between you and the court; the agency determines whether a modification to your child support order is needed based on both parents' financial records. If you and your former spouse are able to reach an agreement without the interference of an outside party, the LSCA may also file what is called a "stipulation" to the court of your agreement.

Learn More About a Child Support Order

No matter the route that is taken to reach new child support arrangements, it is always important to have a family attorney to ensure that all outcomes are in the best interest of you and your child. Please contact us with any questions you may have about your child support.

Can You Relocate Your Children Following Divorce?

Friday, June 12, 2020

Divorce is never easy as there is rarely a clean break. Often, the most precious assets are children over which there are custody decisions. Usually, a custodial parent is named and is the one who will have the most time with the children. The other parent is generally given visitation rights on a set schedule. Sometimes, "joint custody" is agreed upon or mandated by the court in which both parents have equal custody. However, one is named the "residential parent" whose address is utilized for the purposes of postal mail and school.

Notice of Intent to Relocate

Many courts deem "joint custody" as the ideal situation ("in best interest of children"), but sole custody is ordered when declared appropriate. For example, in cases of domestic violence or other threats to a child's safety. When there is shared custody, one parent is required by law to provide notice of intent to change residence by certified mail at least 60 days prior to moving. This is the case with any relocation, even if it is within the same neighborhood.

This notice is required to include:

  • The new mailing address if known. If unknown, the city for relocation must be named
  • A current contact phone number for the relocating parent
  • Proposed date of relocation
  • Short statement describing reasons for intended move of the relocating parent and children
  • Proposed plan for adjusting custody conditions (including visitation) as necessary

Consequences for Failure to Provide Notice

A parent who relocates his/her children without providing the required written notice risks much with the court in which custody was initially decided. The court will take into account this breach and will use it as a factor when deciding how, when, and if custody and visitation will be modified. It is possible the judge will order the children returned from the relocation and the offending parent might be ordered to pay expenses of the non-relocating parent.

Objection Filing By Non-Relocating Parent

Once a parent is noticed of his/her ex-spouse's plan to relocate, he/she has 30 days in which to file an objection with the court which initially handled the child's custody issue. Should the parent fail to file, the court will most likely allow the other parent to move. If the petition is filed, most often the court will hold a hearing to determine if the relocation is in best interest of the involved minors.

Factors the Court Might Consider

  • How drastically the current custody agreement will need to change to accommodate the distance of the move. For example, if the non-relocating parent currently has his/her children every weekend, a far away move would likely make visits much rarer.
  • Both parents income might be taken into account by the court as funds are needed to permit frequent visitation to other parent's residence.
  • Does the move provide a more stable and safe environment for the minors. For instance, is the new home in better condition than the old one, are there good local schools, is the new location in a lower area of crime, is there less air pollution in the area of relocation?
  • Record of prior visitation; for example, does the parent filing the objection have a history of frequent visitation or is it sporadic or rare?

Learn More About Relocating Your Children Following Divorce

A qualified and experienced attorney in child custody is advisable for those who wish to relocate a child following divorce. Jamra & Jamra is a firm dedicated to help those with divorce issues including child custody and visitation concerns. Please contact us so we can help you with your situation.

Working Out Travel in Child Custody Agreements

Friday, May 29, 2020

When you are trying to agree on child custody during a divorce, there is a lot of consider. You and your ex-partner will likely be focused on where your children will live and when, but the key to a successful parenting plan is considering all situations. This is why you definitely need to take travel into consideration.

Travel With a Child

Travel as a child can greatly expand their horizons and it can be a very fun experience, but travel can be a pretty big disruption to the schedule. So, how do you factor in travel to your parenting plan when working out custody? In truth there are a few questions that you and your ex-partner will want to know the answers to:

  • When can travel be done? I.e. Will it interfere with school or parenting time?
  • Who handles providing travel necessities for the child?
  • How and if a child will be able to communicate with the non-traveling parent?
  • Will other parties be allowed to travel with you and the child?

Be Fair

It is best to approach these questions fairly, but also in a flexible nature. Such as if you aren't sure you want a child to be able to travel with the other parent and their new lover, you may want to set ground rules that you have to have met them first before it happens. This helps everyone feel more comfortable and does not completely close off the possibility. However, if you are in a potentially tumultuous divorce where there may be problems, you may also want to set stricter ground rules like barring out of country vacations, at least for awhile.

Learn More About Travel in Child Custody Agreements

Are you going through a divorce with difficult child custody? Let us help. Contact us today to see how Law Office of Jamra & Jamra can help you get through this.


Property Division in a Nesting Situation

Tuesday, May 26, 2020

Nesting is a term describing a situation in which the child stays in the family home while the parents move in and out on a specific schedule. It is one of those situations that sounds great on paper, but doesn't work so great in practice. While the child has superior stability, there are a few issues with nesting.

Multiple Residences

Primarily, most divorced parents can't necessarily sustain two residences as would be required. Furthermore, nesting requires excellent communication to do well. However, the biggest issue can be how the property is divided in a divorce if you are still sharing much of it.

Ownership

If you wish to make a nesting situation feasible at least for some period of time, it is crucial that when you are dividing the property, you both retain ownership of the house. Both names will want to be on the mortgage so one person does not have legal ownership of it. Furthermore, you will want to negotiate who handles what bills when it comes to upkeep.

Upkeep

Working out the financial and physical care of a shared residence is the most important matter of property division in a nesting-based divorce. Outside of that, the property division remains much the same as a regular divorce. You will want to split up the items inside that house and if possible remove them so that your spouse doesn't have access to them. If items do need to remain in the shared home, it is important to have "your own" space there in which they should stay. This helps to mitigate instances that can cause fights.

Learn More About Nesting

Are you going through a divorce? It is a tough time, but having a skilled divorce attorney by your side can make it a little easier to navigate. If you are divorcing, contact us today to see how Jamra & Jamra can help.

Reasons to Fight For Custody of Your Children

Monday, May 18, 2020

The truth is that most men lose custody of their children to the mothers. Some are lucky to see their children once in a while, though many hardly spend any time with their children at all, which is a shame. Children need their fathers. Thus, it is important for you to fight for custody of your children (even if it is only partial). Here are some reasons why.

Children With Both Parents Do Better in School

Children who have both parents in their life are more likely to do well in school.However, children without a father figure are less likely to finish school. If they do, they may not do as well as they could have done. Many drop out altogether, struggling to make ends meet for the rest of their lives.

Children Without Fathers Find a More Dangerous Substitute 

Children without fathers are more likely to turn to drugs and alcohol (and a life of crime to support their habit). Drugs and alcohol are everywhere, and children without a good support system seem to find themselves in trouble. After they get hooked, they have to turn to crime in order to pay for their habit. Then, they may start out by stealing until the habit becomes too much, and they get desperate for their next fix.

Children Without a Strong Father Figure Don't Know How to Treat Women

Children without a strong father figure don't know how they should be treating women. You need to show your children how to treat a woman by treating their mother nicely, even if you aren't together anymore. You can also show them how to treat a woman that you love when you eventually move on.

Find More Reasons to Fight For Custody of Your Children 

The best thing that you can do for your children is to stay involved in their life. You can make sure that your children stay in school, do well, and have a good future. You can also show them how to treat women. Always respect their mother and anyone that you may be dating (or eventually marry).

Contact us for all of your legal needs.

Tips to Stay in Your Children's Lives, Even If You Don't Have Custody

Monday, May 11, 2020

Going through a divorce can be one of the hardest things that you will ever have to do. Deciding how to divide your life into two and move on can be downright challenging. However, the worst part may be trying to figure out what to do with your children.

Though joint custody can be the best for children, that isn't always the case. If you have a job that keeps you away from home for most of the day, it may not be possible for you to have them as much as you would like. However, that doesn't mean that you can't be a part of their lives.

Here are some tips to stay in your children's lives, even if they live with their mother.

Get Along With Your Ex

Learn to get along with your ex for the sake of your children. If you want to stay in your children's lives, it is important that you find some way to get along. You are going to need to learn to communicate schedules, important events, and even problems that are going to pop up. The sooner that you can do this, the better off your relationship with your children will be.

Attend Big Events

Do your best to share the big events too! If you want to be a big part of your children's lives, you are going to have to show up for as many events as you possibly can. There are going to be school events to attend. You also want to find a way to share the holidays with your ex-wife. The better you can make these events for your children, the happier they will be.

Spend Time With Your Kids

Offer to watch the children when your ex goes out.If you don't get to spend too much time with your children, you should offer to watch them when your ex-wife needs to do something. Not only will she enjoy having someone that she can count on, but it also gives you more time to spend with your children.

Find More Tips to Stay in Your Children's Lives

It is really important to learn to get along with your ex if you want to stay in your children's lives. You are going to be involved in them together for the rest of your life. So, the sooner you can learn to communicate and spend time together as a family, the better off your children will be. This is true for normal daily events and even the big ones too!

Contact us for all of your legal needs.