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Bay Area Family Law Blog

How to protect your child at school when there's a custody issue

What are your rights at school when there's a custody dispute going on?

You may be afraid of any number of things, but the idea that your child's other parent might try to abduct your child may never be far from your mind. Parental abductions are an unfortunate reality when parents have trouble adjusting to the limitations courts sometimes set on their custody and visitation.

How does a therapist help if you're thinking about divorce?

A lot of people eventually get a therapist if they're thinking about divorce...but they may not get exactly what they're looking for when they do.

If you're looking for a therapist to tell you if you should give your marriage another shot or get a divorce, you'll likely be disappointed. Most therapists say that's generally inappropriate to do except in situations where physical abuse is occurring.

Watch for these reactions from your children during a divorce

Divorce is a family affair -- it affects everyone, including your children.

There's bound to be some fear, grief and even anger on their part -- so how do you know if they're handling things in a healthy manner or not? There are a number of signs that your kids are having trouble coping.

Actress pays husband's child support to keep him out of jail

Actress Tori Spelling, the famous daughter of TV legend Aaron Spelling, has been beset by financial problems for years due to a combination of a lavish lifestyle, a chronically unemployed spouse, five young children under the age of 11 and a variety of failed projects. Now, she can apparently add child support payments on behalf of her husband, actor Josh McDermott.

McDermott has been in serious danger of being jailed for not paying child support to his ex-wife for their 19-year-old. Recently, the checks from McDermott that were meant to cover his teenage son's rent and other college expenses started bouncing. When McDermott's ex-wife threatened to take the matter back to court, Spelling stepped forward and offered to pay the support in order to keep her spouse out of trouble.

Resolving property division when you can't trust your ex

By the time two people are going through a divorce, there can be quite a bit of animosity and contention involved. In these difficult situations, it can also be all but impossible for parties to trust each other.

This lack of trust can complicate matters because it often requires both people to put in some added effort to ensure their resolutions are fair and based on accurate information. For instance, if you don't trust your ex, then you might consider the following tips for pursuing a fair division of assets.

How can you prevent an international child abduction?

International child abductions happen for a very simple reason.

Foreign courts can be very favorable to the estranged spouses of U.S. residents when there's a child involved. If a child's parents can remove the child from the United States and get the court of his or her home nation to assert authority over the case, they can often win custody.

What have courts done to help with child support nonpayment?

Nonpayment of child support is one of the biggest hurdles that a lot of parents face. For those not getting payment, it can be impossible to make ends meet financially. For those not paying the proper amount, there are many looming ramifications, from a potential driver's license suspension to jail time.

To increase the amount of payments that do get made, courts and lawmakers have sometimes taken drastic steps. Some of these include:

  • Increasing a parent's assets to his or her children. If parents are given more visitation time and bond with their children, it can make them more likely to pay.
  • Reducing the amount that is owed. A person who lost a job may still want to pay, but, with the lower income, he or she needs a modification to make it realistic.
  • Forgiving back payments. Some people don't pay because they've fallen behind and they feel like they'll never get current anyway. Forgiving this debt or reducing the amount that is owed can convince them to pay.
  • Setting up parenting classes. Some parents do not feel like they really know how to be involved with their kids. The classes can give them ideas and instruction to raise the quality of that relationship. As these parents become more involved, they may also become more likely to pay on time.

Can you prevent a divorce on the first date?

When should you think about divorce? Is it when your marriage has been on the rocks for a year or longer? Should you start thinking about it after only a couple months of trouble? Attorneys have actually long advocated "divorce planning" in the form of prenuptial agreements before a couple ever takes their vows.

Some attorneys say that you might want to think about the possibility of divorce at the start of a relationship. Here are some questions that could tell you if a first date is potential mate material -- or a divorce that's waiting to happen:

Spousal Support Changes under the New Tax Law

The "Tax Cut and Jobs Act" was signed into law on December 22, 2017. Along with the changes widely reported in the media, the new law changed a few significant income tax credits and deductions that affect divorcing or divorced couples and parents of minor children. One of the major impacts relates to spousal support.

Landmark custody case asks Supreme Court to rule again

It's been three years since the Supreme Court's historic ruling on same-sex marriage rights. Now, the court is being asked to consider the rights of same-sex parents to custody -- or the lack thereof.

Attorneys for the biological mother of a child conceived and born to a legally married same-sex couple have asked the top justices to hear arguments as to why the mother's former spouse shouldn't be allowed shared custody.

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