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Fullerton Family Law Blog

You may be able to boost your budget with spousal support

You are going through a divorce, so you sat down to work through your budget. Try as you might, you just haven't been able to work out a budget that makes living affordable.

You and your spouse both worked, but they made twice as much as you. It may not seem like a lot at $30,000 and $60,000 respectively, but once you sat down to budget, you realized how little $30,000 really buys. You would have to leave your neighborhood, may not be able to afford the small luxuries you were used to and might even struggle to pay the bills each month.

How should you set up a toddler's custody schedule?

When your children are young, you may not be sure how to set up custody in a way that is best for them. You know it's important for them to have a routine and stability. You also know that it's important that they see both parents.

Between the years of 1.5 and 3 years old, toddlers are at an impressionable age. Parenting plans have to consider a number of factors such as the fact that:

  • Toddlers respond well to predictable routines and schedules
  • Toddlers become strongly attached to caregivers, including parents
  • Toddlers are curious and are constantly developing new physical skills, so each home must be safe
  • Toddlers grow quickly, so a custody plan may need to be adjusted quickly, too
  • Toddlers are sensitive to anger and tension, so conflict should be avoided in their presence

Choose the right conservator for your loved ones

A guardianship or conservatorship is a legal title for when a person is appointed to manage the financial or daily affairs of another person. The individual they care for, called the conservatee, might have physical or mental limitations or be elderly. One might also be appointed to take care of a minor child.

As a guardian or conservator, the person is responsible for the well-being of the conservatee. The guardian or conservator can be held liable if they misappropriate funds or harm the conservatee due to negligence or other factors.

Don't let your property dispute get out of hand: Get help

During a divorce, you and your spouse may not be able to decide on how to divide your property. While the fact is that California expects you to divide the value of your assets by 50%, the actual division of your property can be complex. You might hope to keep certain assets that your spouse wants to sell, or you may have assets that you don't want to allow your spouse to have that you both want.

Trouble like this is what can lead to property division disputes and make a divorce more difficult. You and your spouse have a few options to handle this type of dispute. You can talk through the dispute, go to mediation, try arbitration or allow a judge to decide at trial.

How can you cope with a divorce?

No divorce is the same, but one thing can be said about them all: They will all result in changes. From changes in your personal life to having to adjust your finances, divorces impact you in a variety of ways.

As someone who is trying to handle going through a divorce, there are a few things you can do to make things easier on yourself. The first thing you can do is to create a budget. The second is to speak with your attorney. Third, you may want to consult with a therapist.

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.

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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