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Family Law Blog

How Long Do You Have to Pay Spousal Support?

Thursday, May 18, 2017

Spousal support, or alimony as it is commonly called, is used to make sure both parties are not driven to poverty after a divorce. If one side of a divorcing party is used to a certain standard of living and does not have a way to support that standard themselves, then the other side of a divorcing party will be expected to pay spousal support for them. However, the bright side is that spousal support is not forever.

Most commonly, spousal support will be deemed as rehabilitative. This means the supporting spouse will only need to pay alimony until the receiving spouse has received education or training into order to become self-supporting.

However, not all spousal support awards will be so reasonable. If your divorce decree does not specify an alimony termination date, then the payments will have to continue until the court orders it. Typically alimony can be ended for a number of other reasons, such as if the paying party suffers a significant loss of income. However, most commonly, alimony will end if the recipient remarries or the paying party dies. However, if the recipient still can't support themselves when the paying party dies, alimony can continue to be paid from their estate or life insurance proceeds.

If you are starting divorce proceedings, then alimony may be one of your big worries, but definitely not the only worry. As there is no such thing as an amicable divorce, you need representation to make sure you get your fair share of a dissolved marriage. For consultation on your case, contact us today.

Getting a Temporary Restraining Order

Thursday, April 13, 2017

When most people hear the words restraining order, they think about an abused and scared woman. However, they can also be needed during bitter divorces. They are also called an order of protection and are put in place to help people going through divorces.

Everyone knows that divorce can really hurt people and families, causing them to act inappropriately. They may lash out physically, emotionally, and even financially. For this reason, many people get a temporary restraining order in order to protect their family.

Some people will do anything when they are faced with an awful divorce. They may try to move the children without the other parent knowing. They may wipe out combined bank accounts, leaving the other person with no money at all. Really scared people may take a loan out on the house without the other person knowing.

Because of this, temporary restraining orders can maintain the status quo until your divorce is over. It is temporary and will end as soon as your divorce is all settled. By then, you will know how everything is divided and settled and there will be no need for any harsh actions. It will be time to let go and start to move on.

In order to get a temporary restraining order, the party will need to file a petition for a restraining order at the same time that he or she files for divorce. The sooner this is done, the less likely that you will have to worry about protecting your family and your money. However, a temporary restraining order can also be issued at any time during the divorce if the need arises.

Don’t hesitate to contact us for all of your legal needs. We want to make sure that you and your family are protected during this scary time in your life.


Divorce: What About The "Fur Babies"?

Thursday, April 06, 2017

We have reached a point in the journey of man where a canine companion is no longer viewed as a tool to be disposed of when it is no longer useful. Dogs have truly become "man's best friend" and couples even talk of their "fur babies" as members of their family. 

We have also reached a point in the journey of mankind where the divorce rate is above 50 percent. This begs the question, what happens to the dogs in the event of divorce? 

What Does The Law Say?

How dogs are treated in a divorce depends on the state the divorce is taking place in. Some states treat dogs as if they are inanimate property, while others have detailed statutes about how to divide up canine custody. For example, Alaska recently passed a law that will treat dogs as children while Texas treats dogs no differently than Grandpa's work bench. 

In California, pets are considered to be personal property, with courts working only to award a pet to one of the spouses in the event of divorce. While some courts will consider the best interest of the pet in making a decision, this is not a given. Where possible, it can be beneficial for the couple to work out a contractual agreement on their own in order to avoid litigation. 

Peace Of Mind For Beverly Hills Pet Owners

If you are considering a divorce and have concerns about what will happen to your dog, speaking to an experienced divorce lawyer can help put your mind at ease. Contact us to schedule a consultation.


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.

Can a Divorce Include a Clause Negating Child Support Obligations?

Thursday, December 01, 2016

Is it possible, at the time of the divorce, to include a clause in the divorce contract whereas one parent is absolved, with the agreement and consent of the other parent, of child support obligations?

The first thing to know is that child support is something obligated by law -- parents must support their children, even if they are not currently married to the other parent. Child support obligations do not stem from divorce contracts and agreements.

This law is in place to ensure that children are adequately taken care of. It also is in the government’s best interests not to have too many welfare recipients.

Usually, clauses negating child support obligations will not be recognized by the courts. Unless you are able to prove that this clause is, in fact, in the child’s best interests, it will generally have no legal standing.

It goes even further. If there was a clause under which one parent paid a lump sum for the child’s needs, instead of having to pay monthly payments, and the money was squandered by the other parent who has custody of the child and the child now needs financial assistance, the first parent may have to start paying again for child support. This is because child support obligations are in place to benefit the child, and a parent's self-interest has no bearing on the issue, unless the parent is financially unable to support the child.

Child support laws are extremely complex. If you are considering a clause in your divorce contract concerning child support, it is best to contact a lawyer for legal help.

Divorce And Social Media: Can Ignoring Your Attorney's Advice About Posting Online Really Hurt You?

Monday, November 28, 2016

These days, many divorce lawyers advise their clients to stay off social media altogether until the divorce is final and custody and support issues are settled. But is it really all that foolhardy to ignore your attorney’s advice? Absolutely. Here are a number of different ways that social media can backfire on you during a divorce.

The opposing divorce attorney is going to mine your accounts for data.

Even if you put your privacy settings on "high," you still have no real expectation of privacy for anything you say online. That makes it fair game for an attorney to use if you one of your "close" friends decides to show your posts to your warring spouse.

Your spouse’s divorce attorney will be watching with the mindset of “Is this useful in court?” You likely don’t have the necessary expertise or experience to realize just what can and cannot hurt you.

For example, what if you have a bad day at work and post a picture of a glass of wine with dinner? That becomes an exhibit that suggests you have a drinking problem, poor coping skills, and shouldn’t be handling full custody of your kids.

Did you start a new romance? Your pictures of a weekend retreat with your new romantic interest could be considered “marital waste,” which will then entitle your spouse to a greater share of the remaining marital assets.

Are you frustrated and angry about your spouse’s failure to pay support on time? Spouting off on your Twitter account could violate the court order that prohibits you from disparaging each other in front of your children, especially if your children are old enough to have their computer access. That could be grounds to revisit your parenting agreement and shift custody to your spouse.

You may not legally be allowed to go back and delete what you posted.

If you temporarily lose your temper and post something that you know you shouldn’t, you may be tempted to delete the post seconds or minutes later. Unfortunately, that’s considered spoliation of evidence, which can also get you in trouble with the court. If word got around to your spouse, and he or she demands access to the post, you don’t want to be in the position of explaining to the court that you destroyed potential evidence.

As a result of the deletion, the court can order a negative inference against you, which means it can just assume that the post was destructive to your spouse’s reputation or disparaged him or her publicly.

As difficult as it may be to detach from social media for a while, consider the fact that your attorney is giving you advice for a reason—he or she has probably seen a lot of bad outcomes from posts that seemed okay at the time to the client.

For more information about this and other divorce issues, contact us today.

How Much Do You Know About Child Support?

Thursday, November 10, 2016

Child support is always a hot topic, but this hot topic comes with many myths and misconceptions. Many people believe those things to be true, when in fact, many of them are very inaccurate.

It does not matter if you receive child support payments or if you make child support payments, you will certainly need to gather all the facts. When you have a better understanding of child support, you will be able to make the best decisions concerning your child.

Here are some of the myths about child support that you have probably heard.

Child Support Only Has To Be Paid Until The Child Is 18

This used to be accurate, but that is no longer the case. Children who are 18 years of age and are still enrolled in a high school may still receive child support payments. If a child has a disability that holds him or her back from supporting himself or herself, child support payments can still be received for longer than 18 years.

Back Child Support Will Not Be Collected Once The Child Turns 18

If the parent paying child support still owes payments after the child has turned 18, the now adult can still collect payments.

The Child Support Payments Have To Be Spent On The Child

Many parents who pay child support have concerns with how the money is being spent. Child support payments can be used for a variety of things that are related to the child the payments are intended for. The payments can be spent on housing, utilities, clothing, food, school, etc. The parent on the receiving end is not required to show how the payments are being spent.

If I Quit My Job, I Will Not Have To Pay

If you choose to be unemployed, the court will not have any sympathy for you. If you quit your job so you can avoid paying child support, you will definitely pay for it in the end.

It is important that both sides understand child support so everyone can make the best decisions. If you have questions or if you need advice regarding child support, contact us today.

My Divorce is Amicable: I Don't Need an Attorney, Right?

Thursday, November 03, 2016

Many people going through an amicable divorce think that involving attorneys in the process is unnecessary. While this is sometimes true, there are many reasons why going through a divorce without legal representation can be dangerous—even when spouses are getting along with each other.

If you are going through a divorce, an attorney can help ensure that your rights are protected. An attorney can also ensure that the formalities of divorce agreements are met. Additionally, an experienced attorney will be able to forecast issues that may arise in the future, and help you plan for them accordingly.

Protect your rights

It is always a good idea to at least consult an attorney before signing or consenting to any major commitments. The terms of a divorce can influence your life for a long time. Play it safe and talk things over with an attorney, even if you feel like you have it under control.

Ensure that your agreements are binding

Like any contractual agreement, there are certain formal requirements that must be met for divorce agreements to be binding. An attorney can ensure that these requirements are met.

Plan for the future

Custody and alimony arrangements may need to change in the future. Sometimes property divisions that seemed fair at the time are revealed to be unfair later. An attorney can help you prepare for these types of occurrences.

If you there is no major property involved, no children, and no chance that either party will seek alimony, a divorce attorney may not be necessary. However, if any of these factors are present, an attorney can help make sure the process goes smoothly and that any agreements reached are fair and binding. If you would like more information about this issue, please contact us today.

Are You Aware Of These Spousal Support Myths?

Thursday, September 15, 2016

Spousal support payments are payments that are paid from one spouse to the other after a divorce. There are various elements surrounding spousal support which can lead to people believing the different myths and misconceptions that are out there.

If you are near a separation or a divorce, you should be aware of the actual facts about spousal support. Here are some myths and misconceptions about spousal support:

The Spouse Will Always Receive Support

This is not true. Many people think that spousal support payments will be made for life. There is no set length of time for spousal support payments to be made. The length spousal support payments are to be made will depend on a variety of factors. The judge will consider various factors, including the other spouse's ability to earn money and make a living.

Women Do Not Pay Spousal Support

Women can pay spousal support. Women work and some women are the family's sole income earner. When this is the case, men will be the ones receiving spousal support payments.

The Spousal Support Agreement Cannot Be Changed

The amount of spousal support payments can be changed or stopped completely if certain circumstances come about. If the ex-spouse who is receiving child support payments is eventually able to support himself/herself without the need of support, payments can be stopped early. If the spouse receiving spousal support marries again, spousal support payments can also be stopped.

Spousal support decisions can impact one's life in a number of ways. Decisions about spousal support should be made carefully, with the assistance of a professional. Contact us today if you need a consultation.


Property Division Options for Houses

Friday, September 09, 2016

Property division is a big part of dissolving a marriage, and California couples often have trouble deciding who gets what. A particularly sensitive issue might concern what to do with a house. This is a big asset that both parties may have a right to, so here are just a few possibilities for handling divorce and real estate.

Sell the House

The easiest thing to do might be to sell the house. Any profit gained would be split between both parties. While selling a house involves its own hassles, this is a fairly straightforward approach when it comes to dividing assets.

Divorcing With Kids

One or both parties might wish to stay in the house. If children are involved, it may be a good idea to let the custodial parent stay in the home with the kids to make the process easier on the children. Otherwise, both people might need to negotiate.

One Person Keeps the House

If staying in the house is a big priority for one partner, the other person must get something in return for his or her share of the house. Here are two options:

1. Buy out the other person. This could involve giving them a bigger share of a savings account or more valuable assets.

2. Agree on a fixed price for how much the other party receives when the house is eventually sold. A fixed amount gives the other person peace of mind if the housing market goes down while ensuring the person who keeps the home does not have to share profit that comes from improvements made after the divorce.

To find out more in-depth information about property division and options for real estate, contact us today.