TAGS

Family Law Blog

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.

A Breach of Fiduciary Duty in California Spousal Support Requirements

Friday, September 04, 2020

Divorces happen and the process is rarely comfortable or easy, especially when alimony is concerned. Alimony was created to lessen the negative effects of a dramatic transition on a person who doesn't have the immediate means to fulfill their needs after a divorce. Unfortunately, much like any other program created to assist people, it can be abused.

What do you do if you suspect that your former partner has somehow dishonored a spousal support agreement? What course of action can you take?

Breach of Fiduciary Duty

Each spouse has a responsibility to the other when it comes to any and all finances and debts acquired during the relationship. It doesn't matter if the assets and debts were acquired together or alone. California takes fiduciary responsibility very seriously and all assets must be disclosed during the process of a divorce or the person hiding relevant information can be punished. 

breach of fiduciary duty refers to the act of hiding assets and manipulating income levels that are reported to the court system in the case of divorce. It is illegal to withhold any information and is considered a breach of contract and a breach of trust. 

What Do You Do?

If you suspect that your former partner may be hiding assets or somehow manipulating financial information, address any and all concerns to your divorce attorneys and allow them to investigate your claims. It is a lawyer's job to investigate all contentious issues in a divorce. If they can find a breach, you may be entitled to what your former partner is hiding. 

If you are accused of breaching a fiduciary trust, you need to contact your divorce lawyer immediately to clear up any misconceptions. Your attorney's job is to protect you and your interests and direct honesty goes a long way.

What you DO NOT DO is conduct outside investigations on your own. Evidence obtained illegally or nefariously can damage any arguments that you have and make you look bad in the eyes of the court. 

No matter what, it is essential to begin the process of your separation with a trusted and qualified attorney with a proven success record to back you up in every situation.  

Call Us With Your Questions

The experienced and supportive attorneys at Jamra & Jamra are here to ensure you get the fairest deal possible when it comes to your family. Contact us at 310-278-9001 to schedule your free consultation, and we can get started on your case.

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. 

Tips for Same Sex Marriages Ending in Divorce

Monday, August 10, 2020

Now that it is legal, same-sex couples can get married. While many same-sex couples rushed to get married because they finally could, others didn't feel the need to change the way that they have been living for several years. Many already felt married by that point, so they didn't. They have continued to live the way that they always have.

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

Time Is Going to Be a Factor

The length of time that a couple is married can really affect a divorce. Unfortunately, many same-sex couples lived together for many years before being allowed to be legally married. Some judges will count the year that you were legally married, though some will count the time that you lived together to determine the rest of the divorce proceedings.

Dividing Property

When dividing up property and assets, the state starts at the property that you owned together since 2013. Even if you lived together for ten years at that point, they will only count the property and assets that you got from that point on.

Hire a Lawyer

Don't forget to hire a lawyer.You should never go through a divorce alone. You need an experienced lawyer on your side to make sure that you are protected and can find a divorce settlement that works for you.

Meditation

Consider using mediation. Since the courts have their own way of dealing with your property and assets, many same-sex couples go through mediation. It allows you to end the marriage on better terms and divide up your assets the way that you want to.

Conclusion

Getting divorced is never easy. If you are in a same-sex marriage, it can be even harder. Legally, you could have acted married for years before you ever did get married. This can really change your divorce proceedings. For this reason, many same-sex couples try to go through mediation and settle everything outside of the court system. If you can work together to come up with a settlement, it is going to be much better for everyone.

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

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 Contentious Couples Be Successful in a Mediation Setting?

Monday, July 06, 2020

Did you know that mediation is possible in divorce to keep even the most contentious couples out of the courtroom for the duration of their legal separation?

Correct mediation procedures allow for practical and flexible resolutions to problems. Otherwise, they are finalized in a courtroom at a higher cost by a judge who doesn't know or understand you and the dynamics of your family.

What Does Mediation Involve?

Mediation is an Alternative Dispute Resolution for divorcing couples who truly want what is best for their children and their futures. We back you up during your meetings with a neutral third-person, or mediator, and your former partner to come up with unique and personal compromises that both you and your former partner can agree on. 

Mediation can cover all aspects of divorce, including:

  • Child custody and visitation
  • Child and spousal support
  • Property and asset division
  • Business evaluation

According to Rule 5.210 in the California Rules of Court 2020, every mediator in California must legally be impartial towards each party and competent of all laws and regulations concerning the divorce process. We will be right there with you to ensure that the process is legal and that you are protected from giving more than you are able. 

Contentious Arguments

When you and your former partner argue, or disagree, about a situation, then the mediator will call for a break to cool down and discuss further options with your lawyers. The discussion can continue after a reevaluation of the situation from both sides or we can make another appointment and come back after a time of contemplation and consideration.

Mediation has worked well with many contentious couples. The process works around your schedule, not ours, and so decisions are not made hastily or out of exasperation. Arguments and even bickering are halted immediately and, with much contemplation, attacked creatively from a different angle. We want the process to be a smooth as possible and we are here to help you do that. 

Contentious couples can be very successful in mediation and sometimes the process can change your relationship with your former spouse into a more positive one, one that supports a positive co-parenting experience for everyone involved. 

What Can Jamra & Jamra Do for You?

Our legal mediation support is crucial and renders court appearances unnecessary. We can work together to create a binding contractual agreement that accomplishes everything a traditional divorce does in a quicker, more personal, and much more private way. 

California Super Lawyers at Jamra & Jamra L.L.P. Family Law Attorneys in Beverly Hills use creative and personalized strategies that focus solely on you and your protection during divorce proceedings, no matter what direction you decide to take. Family law can go one of two ways. We're prepared for both. 

Contact us for a free consultation and brainstorming session to discuss what could be our cost-effective and diligent plan of defense. We understand your needs and are prepared to stand by your side.

How Does the Length of a Marriage Affect Spousal Support?

Monday, June 29, 2020

There are many aspects of marriage to consider when calculating spousal support when filing for a divorce. However, one of the more crucial aspects is the length of the marriage. The length of your marriage not only factors into how much you get, but how long you will get it for, and even if you will receive spousal support at all.

Shorter Marriage

Typically, those who have been married for a long time, usually more than ten years, will receive a lengthy spousal support period. However, the length will also be extended if the spouse asking for support does not work or makes a small amount of income.

For example, if a grocery store worker divorced a millionaire after a year of marriage, they will likely get no spousal support from the marriage. They weren't married very long and were able to support themselves just a year ago. Now, they can do it again. Even if they quit their job during the marriage, it is one they could get again without much difficulty.

Longer Marriage

Now, take a dissolving 30-year marriage where one party is a sole earner and the other has been a house-maker for the past 20 years. It is likely that the non-working party will get a long-term or lifetime of spousal support. This is because they have been out of the workforce for so long that it would be difficult for them to become gainfully employed.

Learn More About Spousal Support

It is likely that your marriage falls in between these two extremes. Typically, what the standard couple will be looking at is a limited spousal support award based on the length of your marriage. This will allow the lesser earning party an adjustment period after the divorce, but the payments will end eventually.

Are you going through a tough divorce and need help? Contact us today to see what Jamra & Jamra can do to help you get through this difficult experience.

How to Keep the Cost of Divorce Low

Monday, June 22, 2020

It is not a highly advertised fact, but getting a divorce can be expensive. For some, they have the funds to draw things out and make sure they get their fair share. However, that is not the case for most of us. If both you and your ex-spouse aren't exactly flush with cash or assets, there are a few things to keep in mind if you are looking to keep the cost of divorce as low as possible.

Divorce Amicably

If you and your ex-spouse are willing to work out property division and child custody amicably in mediation, it will save you quite a bit. Not only is it cheaper to not have to get the court involved, but it is also much faster.

Share Documentation

Bank statements, retirement account, or anything else you have that is a financial document – share it. Nothing will slow down a divorce faster than dragging your feet presenting documents or even trying to hide assets. The longer you take, the longer you need to pay your lawyer. If it becomes apparent that someone is being unnecessarily malicious, they may even face punitive measures.

Don't Fight For Items Not Worth It

If you and your ex-spouse are having a disagreement over who gets the multi-million dollar mansion, then certainly fighting for it is worth it. However, fighting over who gets a set of DVDs or a potted plant isn't worth what you are paying your lawyer for. There are battles worth fighting and there are battles that aren't worth it. You should know firmly what you aren't willing to give up and assess if it is really important to fight for it or if it can be replaced over time.

Conclusion

Are you going through a divorce? We can help. Contact us today to see what Jamra & Jamra can do to help you keep your divorce fair, quick, and as affordable as possible.

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.