What is Considered Income for Child Support Purposes?
California child support law views a parent’s financial responsibility to raise their child as non-negotiable. For this reason, child support is calculated based off a statewide, standard guideline calculator that seeks to determine child support in a way that reflects mainly two things; the income of the parents and their residential time with the child. The income of the parent is determined by taking the gross income and deducting certain…
Read MoreWhat Should I do Before Filing for Divorce?
Filing for a divorce is a big step. It may be a relief after dealing with a troubled relationship or you may feel it was an abrupt decision on your spouse’s part. Either way, the divorce process will be difficult. Prior to filing for divorce, you should familiarize yourself with the divorce process and what you might be facing in the near future. Do some online research, talk to divorced…
Read MoreWhat Will Happen to My Residential Time if I Move Overseas?
After a divorce, things will change. Even though you may have court orders that outline when and where you should be spending time with your child, eventually down the road you may no longer be able to accommodate this schedule, through no fault of your own. Today, moving overseas temporarily or permanently for your career is a common occurrence in some industries. In many cases, this could be a great…
Read MoreCan the Other Parent Take Away My Parental Rights?
In the eyes of California family law, every child deserves a mother and a father who are both financially responsible for them and provide them with the necessities for healthy development. For this reason, parental rights are highly protected in family law courts. Very few things can take your rights as a parent away. Your parental rights can be transferred to another parent if they adopt your child. If you…
Read MoreHow to Keep Separate Property Separate
Under California’s community property law, all property that belongs to the marital community must be divided equally upon separation or divorce. Community property is considered property acquired by either spouse during the marriage, but prior to separation, and with community resources. Property acquired prior to marriage is considered separate property. Property acquired during the course of the marriage can still be separate property if it is acquired through a gift…
Read MoreHow Will My Finances Change After a Divorce?
Everything changes after divorce, not least of which are your finances. Support orders, tax implications and a new living arrangement can mean you have to make a lot of changes in your spending habits. The biggest changes you can expect after divorce are either paying or receiving support and having a different asset profile. You will also have to set up a new household, which is especially important when minor…
Read MoreWhat Can an Attorney do in Mediation?
Divorce mediation is a cheaper and more collaborative alternative to litigation or trial in the court process. When you and your spouse cannot agree, and this is generally the case in all divorces, mediation is a forum where conflict can be resolved with the help of a neutral third party. Mediation can be tailored to address specific issues, like custody or property division, or be general for all aspects of…
Read MoreWhat Happens in a Divorce Trial?
A divorce can be finalized through a few routes. Divorces can be executed out of court when both spouses agree on all the issues at hand. They can also work with a mediator or other neutral party to work out any remaining conflicts. If there is significant conflict, the divorce may need to enter into litigation where you and your spouse will bring the issues to court, with or without…
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