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Fullerton Family Law Blog

What should I know about spousal support?

Spousal support might not be something that you've considered asking for in your divorce. However, if you are the lesser-earning spouse, you have put a hold on your career or you just need some financial help as you become a single person again, then spousal support might be right for you.

Spousal support can help people who need to boost their incomes temporarily after divorce. Spousal support is not usually long-term. However, there are cases in which spousal support might be ordered permanently, like when there can be no expectation for the spouse to return to work or when the marriage lasted many decades.

What happens to a retirement account during a divorce?

Divorces with high-value assets can get messy, especially when it comes to dividing property such as retirement funds. You may be the main contributor to an account, but California's property division laws could still order a 50/50 split.

Understanding your rights during a divorce case in Fullerton could help you protect your assets and retirement accounts. 

Understand your child's best interests

When a judge talks to you about a child's best interests, what they're referring to is the best actions for the health and happiness of your child. If you are speaking to a mediator, your attorney or others, they will ask what you believe will be in your child's best interests when deciding custody.

When thinking about your child's best interests, you have to put yourself in your child's shoes. Don't just think about the schedule that would work best for you and your ex-spouse; You need to make a plan for your child's care that works well for them.

Negotiation is possible, even in a community property state

One of the hardest things for some couples to do is to separate their assets during their divorce. In California, property is split 50-50 thanks to community property laws. However, you or your spouse may not agree with this division of property.

Perhaps you are the one who has always supported your family and paid for your spouse's lifestyle. You might think it is completely unfair to give up half of everything you've purchased over the life of your marriage as a result. If your spouse agrees with you that a 50-50 split is not fair, then you can come up with a different arrangement. For example, if your spouse really wants to keep the marital home, but you prefer to sell it, you may be able to negotiate a greater portion of assets in exchange for the home staying in their name.

Do if you think your child was kidnapped by the other parent?

Child custody is something that most parents will fight for. They want to have time with their children and to see them grow up. When the other parent is taking steps to make that impossible, parents have few other options than to reach out to their attorneys and the court for help.

One serious problem that some parents have to deal with is kidnapping. Parental kidnapping, in specific, is when one parent withholds custody and takes the child or children away to an undisclosed location. One parent without custody may take a child and flee, for example, or someone with custody may go on a planned vacation with their children and fail to return.

Know what to ask when you're looking into spousal support

When you go through a separation or divorce in California, you need to consider the possibility of spousal support. It can also be called partner support and alimony depending on the judge and your situation.

There are several things you need to consider before you'll know if you should receive or pay alimony. First, you'll need to understand how long it lasts. Most spousal support is temporary, lasting just a short time. Rarely, it is permanent, where you'll receive compensation or pay alimony until one of several conditions are met, like the recipient getting remarried or one of you passing away.

Child custody modification considerations

When the courts make child custody decisions in California, they do so with the best interests of the kids in mind. This, unfortunately, does not always sit well with some parents as they may feel their own interests are overlooked. Parents do have a say in how the courts structure child custody agreements. However, if their concerns and recommendations infringe on their ability and responsibility to uphold their parenting obligations, the legal system can and will intervene and make whatever child custody arrangements are necessary. Parents must abide by them or risk contempt of court and other legal consequences. 

As tough of a stance as this may seem, the courts do recognize that some issues interfere with a parent’s ability to adhere to the child custody arrangement, such as drastic changes in income, employment status and health that require them to revisit child custody orders and make adjustments. Here are a few considerations for parents to keep in mind about child custody modifications

Understanding conservatorships in California

A conservatorship is used for adults who cannot take care of themselves. Children are generally cared for with guardianships, while adults (often elderly ones) are cared for under conservatorships when necessary.

A conservatorship provides a conservator who will protect the conservatee and their property. General conservatorships are for those who have been impaired as a result of collisions or who are elderly. A limited conservatorship can be set up to help take care of someone with a disability who can do some things on their own but needs support for other activities. For example, the person might be able to live alone but need help with finances.

Divorce: An adverse event that can impact schooling

One problem that some children can face is difficulty getting an education. Sometimes, this stems from their parents' divorce, and that's something you should consider when you choose to divorce from your spouse.

The reasons behind children not going to school can vary, and while a recent report describes how drugs may play a role in children and parents not taking schooling seriously, any adverse event can have an impact. A divorce can make it hard for a student to focus on studying or give them anxiety or depression so bad that they need to stay home from school.

What do you do if you can't agree on parenting styles?

Child custody concerns are always an issue for parents who can't agree on the way to raise their children. That's why the court is adamant that parents come up with a parenting plan that is agreed upon by both parties.

Limiting conflict in any way is good for your children and for your peace of mind. Every parent should want to be in a peaceful arrangement with their ex-spouse because it helps them raise their child in a positive environment.

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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