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Bay Area Family Law Blog

Can I relocate with my child after my California divorce?

California courts recognize that the circumstances of your divorce decree may not stand the test of time. Occasionally, events unfold in our lives years after divorce that are beyond our control. These changing circumstances may affect the current custody order related to the possession of your child. A lucrative job offer in another city or state, military obligations, remarriage or even a move to a better community are some of the circumstances that a California family law judge may consider in child custody cases.

It is important for you to know that California courts are not going to do anything that is going to be detrimental to a parent's relationship with his or her child. This applies regardless of whether you provide the child's primary residence or if you are the non-custodial parent.

Santa Barbara has the seventh-best office for child support

According to a recent report, Santa Barbara's child support office was recently named as the seventh best such office in all of California. The office does many jobs that relate to child support and child custody, including helping people determine official paternity and assisting in collecting support payments that are overdue.

So, how did the office get the high ranking? A lot of it has to do with their excellent statistics. For example, in paternity cases, they were able to make the proper assessment a full 100 percent of the time.

Child support modifications and late developing illnesses

California family law courts consider many factors when determining child support payment amounts. Typically, courts will make their determinations based on the income of both parents, tax liabilities and the current child custody arrangement. In most cases, the parent who provides the primary residence for the child will receive some form of support from the other parent. Additionally, courts will often consider the special needs of any child when formulating the amount of that support.

Your child's requirement for support may change as he or she develops with age. A good example of this is childhood schizophrenia. Symptoms of schizophrenia often go unnoticed until children reach a certain age. Some of these symptoms include hallucinations and delusions. Sometimes, a child suffering from these symptoms will also articulate disorganized thought through his or her speech.

Using your attorney to de-escalate your child custody dispute

Divorce is often a source of deeply felt and emotionally charged disagreements. It's natural for you to be anxious around your soon-to-be ex-spouse, particularly when important decisions need to be made regarding your children.

Frequent readers of our blog website may have previously read our post about refraining from getting into heated debates and playing the blame game with your child's other parent. In that article, we mentioned the value of refocusing any rising debate onto just the issues related to furthering the best interests of your children. This can be especially important to remember when you and your spouse are meeting with your children's doctors, school officials or day care providers.

Family businesses at stake in California divorces

When married California couples split up, there are a myriad of issues at stake. A divorce can necessitate resolving child custody, child support and many aspects of property division. One kind of property division is the matter of what is done with a family business.

A woman who owned a prospering public relations business at the time of her divorce found out, to her dismay, that it was considered community property. Because of that, the husband she was divorcing was legally entitled to a stake in it. The woman had to write a check in the staggering amount of $800,000 and give it to her ex-husband in order to buy him out of his share.

Making child support easier for San Mateo County parents

Many local parents will soon have an easier and cheaper way to make their child support payments. According to the communications director for the San Mateo County Human Services Agency, the electronic funds transfer service company Moneygram is behind this new initiative. The spokesperson says that Moneygram is significantly reducing its fees for parents using the service to pay monthly child-support bills.

Parents now using the service will pay a flat fee of only $1.99. In the past, parents looking to use Moneygram to send a $500 monthly child support payment would have paid $45. California is just one of several states that is now participating in the new EFT program.

Does my child’s opinion matter in my California custody case?

In any divorce action involving children, the most important decisions will always revolve around the care and well-being of the kids. For most of us, our children are the most significant elements in our lives. With that in mind, it is easy to understand why child custody disputes are often the most hotly contested issues in any divorce.

Divorcing parents need to understand that California family courts are mandated to make decisions regarding custody based on the best interests of the children involved. In California, a child is considered a minor until he or she reaches the age of 18. That means that unless a child has been emancipated, he or she does not get to decide where he or she will live. However, California law allows judges to consider a child's wishes when determining which parent will receive primary custody.

What is a Prenuptial Agreement?

California allows prospective spouses to contract their future relationship and marital property rights, including whether or not a community estate will be created during the marriage. A prenuptial agreement can be fairly basic, addressing only a few potential issues, or can be extremely comprehensive. Prenuptial agreements become effective on the date of marriage and are enforceable without consideration; however, for an agreement to be valid, it must be in writing and signed by both parties. Also, it is imperative that both parties enter the agreement voluntarily and with fair and reasonable disclosure of the other party's assets and obligations.

What community property means to you in your California divorce

Generally, under California law any property that is acquired during a marriage is considered community property. In an earlier blog post, we discussed a scenario in which a divorcing spouse might be able to keep certain assets considered as separate property from a marital estate. However, it is more likely that most couples will share equal ownership of any property and assets they have acquired throughout their marriages.

Unfortunately, the Internal Revenue Service also considers both spouses as equally sharing the tax liability of the marital asset in community property states. This means that some spouses may attempt to conceal wealth during a divorce in an effort to avoid tax liability.

How is alimony decided in California courts?

There was once a time in American history where many married couples lived comfortably with one income source. Typically, the husband would work full-time and his salary would be sufficient to pay for all of the couple's needs. In that scenario, the wife would usually remain at home throughout the day and take care of the children and other household duties. Divorce under those circumstances usually proved disastrous for stay-at-home moms with few marketable professional skills.

Alimony, also referred to sometimes as spousal support or maintenance, was a way that lawmakers felt would provide some divorced spouses an opportunity to learn new skills and transition to single life.

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