What Happens to Spousal Support if My Former Spouse Remarries?
Spousal support is often a high-conflict area of divorce law. Spousal support, also called alimony, is generally temporary financial support provided to the spouse who is not self-supporting. Spousal support can also be ordered permanently, if it is unlikely that spouse will never become self-supporting. Spousal support is usually modified or terminated when there is a significant change in circumstances that was not foreseeable at the time the support was…
Read MoreWhat Should I Document During My Divorce Proceedings?
If you’ve decided to get a divorce and have talked with an attorney about it, you may be overwhelmed by the amount of paperwork and documentation that will be required of you just to end your marriage. On top of all the forms that need to be filed and financial information you have to provide, there may be some other things you should document during your divorce proceedings. Many things…
Read MoreWho Gets Child Support if We Have Similar Incomes?
In California, child support is calculated based off of a state wide formula. This formula is mainly based off of the net income of the parents and the residential time distribution. Generally, whoever has more residential time with the child is the one who covers more costs, like food, clothing and incidentals. Because California views it as both parents responsibility to financially provide for their child, support is ordered to…
Read MoreHow to Make Calculated Financial Moves During Divorce
It can be difficult to keep a handle on your finances during a divorce. A divorce can last anywhere from 90 days to well over a year and, during this time, your finances are not always necessarily your own to work with. As a community property state, California mandates all marital property, also called community property, be divided equally in a divorce. So, during divorce proceedings, you cannot do whatever…
Read MoreHow to Account for the Value of Appreciating Assets
Community assets must be divided equally between the spouses of a marriage, as per California’s community property rule. This doesn’t mean everything needs to be sold to split the proceeds, but that the overall net value of the assets is equally divided. While many assets can be readily appraised for an accurate value at the time of divorce, like real estate and bank accounts, other assets can be hard to…
Read MoreThe Benefits of Residential Time
The benefits of spending time with your child are plenty and obvious. Spending time with your child, even if you are not the primary caregiver, can help them develop healthy relationships with you and others in their life, it can help them know how to ask for help when they need it and can teach them that while some relationships aren’t made to last, the parent-child relationship is forever. During…
Read MoreHow to Ensure Your Support Order is Feasible
Every divorce involving minor children will involve a child support order. Many divorces will also involve an order for spousal support, if one spouse is unable to be self-supporting after the divorce. Financial support orders such as these are important parts of any divorce but are also often highly contested, spousal support in particular. It is important to make sure your support orders are feasible for both parties. Otherwise, adhering…
Read MoreEnforcing Child Support Orders When Support Goes Unpaid
Once a child support order is issued, monthly payments are enforceable. Unfortunately, there is no fail safe way to ensure those payments are actually made. Child support not paid, also called arrearage, must be paid back with a 10% interest rate per year. The only way for child support payments to stop are: If the parental rights are signed over to another parental figure willing to take on the financial…
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