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Fullerton Family Law Blog

How can your reduce or eliminate spousal support payments?

You and your spouse are getting a divorce, and one thing you do not want to have to pay is spousal support. You don't think it's fair to give them any money, especially since they did not work and were not at home supporting your household in any way. You have no children, and you feel like your spouse used you as a free ride.

Your story isn't unique. There are many people who feel that way. However, the judge may believe, especially if your spouse has no income, that you need to provide some form of support to them on a temporary basis.

Determining child support: How can you decide?

When you and your spouse determined that a divorce would be the best course of action, you knew that it could cause financial concerns. One of the biggest things to discuss is who is planning to cover child support.

Both of you have good jobs and the ability to provide for your children, so the support doesn't necessarily matter to you in your day-to-day life. It does seem like a good idea to pay into it to save for your child's future education and to make sure they never go without. So, what can you do to determine who should pay?

What happens to student loan debt when you divorce?

One concern you may have during your divorce is the risk of having to take on your spouse's student loan debt. The good news for some people is that student loans that their spouse took out before marriage will stay in that spouse's name. Unfortunately, if your spouse went to school while you were together, that could be a different situation.

Take, for example, a situation in which a husband cosigns on a loan for his wife. They take out the loan to refinance an older school loan she had, but now that they're getting a divorce, the husband is still on the hook. Why? Co-signing means that you took on the responsibility to cover that debt if the other person doesn't pay (yes, even if you're divorced).

Deciding on spousal support: The factors involved

If you're going through a divorce, one of the things you may be interested in seeking is spousal support. For example, if you stayed home with your children to raise them and relied on your spouse's income, then you may want to ask for support as you reenter the workforce.

Normally, you won't decide on spousal support until later on in your divorce. Why? You need to divide your property first. After dividing your property, you'll be able to see how much support is needed, if any.

If your custody schedule needs to change, you have options

Your kids are getting older, and you've found that they are having a harder time with the custody plan you have in place. Today, they went to school, for example, and the custody plan said that they'd come home and you'd be able to take care of them. Then, your tween called and said they wanted to go to their other parent's house and that their friend was having a sleep over nearby.

You want to be flexible with your custody plan, but when there are always changes like this (and they are happening more and more often), you feel like something needs to be altered. One option you and your ex-spouse discussed is changing who has custody through the school year, since your children have more friends near the other parent's home. That would also give you an opportunity to work more. Your ex-spouse is onboard with the idea, too, because your children are old enough to go to school on their own in the morning, so they can simply go to work a few hours earlier and be home for them. Even if your children missed the bus, the neighbor next door is a school teacher and said that they'd make sure they got there.

Child at center of custody dispute found after 7 months

When there are disputes over child custody, those disputes can turn nasty. One parent might try to take their child without permission. Another might refuse visitation against court orders.

This kind of behavior isn't good for you or your child. If you are worried about the other parent kidnapping your child or fleeing with them, then it's time to reach out to your attorney and the court. You'll need evidence to support your claims, like text messages, Facebook posts or other information that might suggest that the other parent is planning to flee.

How do you become a conservator?

You have a family member who can no longer care for themselves. You want to help, but you're not sure what you can do.

One thing you might want to consider is becoming a conservator. You'll take on a lot of responsibility if you do, but it's a good way to care for someone you love and to have the legal right to do so.

What should you remember about negotiating with a spouse?

Divorces are complex and difficult times in people's lives. Even if a person is happy to go through the divorce and to move on, it can be hard to take on the extra costs of living alone and the expense of a divorce.

To make your divorce easier, one thing that you may want to consider is negotiating with your spouse outside court. It might be hard to be around them right now, but if you are able to come up with a reasonable settlement agreement or custody arrangements that you both like, then you will spend less time in court and less money on your divorce.

Choosing spousal support: Do you need it?

In California, there is no rule that spousal support has to be given to a lesser-earning spouse. However, if you are the lesser-earning spouse and want to seek spousal support following your divorce, you can certainly do so.

Spousal support doesn't last forever (in most cases) and is unlikely to be all you'll need to pay your bills. However, it can be a good boost to your income for a short time.

Here are 3 ideas for handling your business after divorce

You and your husband started out as business partners. It wasn't until after you'd worked together for a long time that you realized you loved being together and got married.

That didn't last forever, though. Between the stresses of taking care of your business and the stress of your life as a couple, you've both decided that it's time to split. The only problem now is that you don't want to split the business or work together.

Contact

Law Offices of Indu Srivastav, APLC
1400 N. Harbor Blvd., Suite 601
Fullerton, CA 92835

Phone: 714-515-5008
Fax: 714-515-8338
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