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Piqui's Law: Protecting Children in California Custody Cases

Child custody battles can be one of the most emotional and high-stakes parts of family law. For many parents, ensuring their child’s safety during such disputes is the top priority.

In California, a landmark legal development has shifted how the courts approach custody cases involving abuse and domestic violence. Known as Piqui’s Law, this legislation is a direct response to a tragic case that shocked the state and emphasized the critical need for reform.

The Heartbreaking Story Behind Piqui’s Law

Piqui’s Law was named after Aramazd "Piqui" Andressian Jr., a bright and joyful 5-year-old whose life was cut short in 2017. Piqui was murdered by his father, Aramazd Andressian Sr., during a custody dispute.

Despite warnings and red flags raised by his mother about the father’s erratic behavior and abusive tendencies, the courts allowed unsupervised visits. Tragically, this decision had devastating consequences.

The tragedy of Piqui’s case highlighted flaws in how family courts handle allegations of abuse. It underscored the urgent need for measures that prioritize child safety above all else. That’s where Piqui’s Law comes in, designed to prevent similar tragedies by addressing key gaps in the legal system.

What Is Piqui’s Law?

At its core, Piqui’s Law aims to protect children from being placed in dangerous situations during custody disputes. Here’s what the law does:

Mandatory Training for Judges

Under Piqui’s Law, California judges overseeing custody cases must undergo specialized training focused on domestic violence and child abuse. This training equips judges with the knowledge needed to recognize signs of abuse, assess risk factors, and make decisions that prioritize the child’s well-being.

Prohibition of Traumatic Reunification

The law bans court-ordered "family reunification treatments" when abuse is suspected. This includes forcing children to participate in reunification camps or programs, particularly those involving overnight stays or sudden custody transfers. Such practices have often been criticized for re-traumatizing children and prioritizing parental rights over safety.

By implementing these provisions, Piqui’s Law creates safeguards to ensure the courts consider the risks posed by an abusive parent before making custody decisions.

How Piqui’s Law Impacts Custody Cases

If you’re going through a custody case in California, understanding how Piqui’s Law works can be critical. Here’s how it might come into play:

Evidence Matters More Than Ever

Under this law, courts must carefully examine evidence of abuse, which can include:

  • Police reports or protective orders.
  • Testimonies from teachers, therapists, or other witnesses.
  • Medical records documenting injuries or trauma.

Even a history of domestic violence, even if it didn’t directly involve the child, is given serious weight in custody decisions.

Consequences for Abusers

Parents found to have a history of abuse or violence can face significant restrictions, including:

  • Loss of custody rights.
  • Supervised visitation only.
  • Mandatory participation in counseling or intervention programs.

The goal is to create a framework where children are protected from being placed in potentially harmful situations, regardless of parental rights.

Real-Life Application

Imagine a scenario where one parent has a documented history of domestic violence, but there’s no direct evidence of harm to the child.

Under Piqui’s Law, the court must still consider the potential risk the abusive parent poses, rather than assuming they’re fit for unsupervised custody. This represents a shift toward a child-first approach in family law.

Protecting Your Child During Custody Disputes

If you’re involved in a custody case where abuse is a concern, here are a few steps you can take to protect your child:

  1. Document Everything: Keep records of any incidents of abuse, including dates, photos, medical reports, and police involvement.
  2. Work with a Knowledgeable Attorney: Family law attorneys familiar with Piqui’s Law can help present your case effectively and ensure your child’s safety is prioritized.
  3. Know Your Rights: Understanding the protections offered under Piqui’s Law can empower you to advocate for your child during custody proceedings.

The Journey to Piqui’s Law

Piqui’s Law wouldn’t exist without the efforts of dedicated advocates and lawmakers. Senator Susan Rubio spearheaded the legislation, which passed with unanimous support.

This law stands as a powerful example of how communities can come together to enact meaningful change. Its impact is already being felt, as courts across California adjust their practices to put child safety at the forefront.

Facing a Custody Battle in California? We Can Help.

Custody disputes can be overwhelming, but you don’t have to face them alone. At Holstrom, Block & Parke, we’re committed to protecting your family and fighting for your child’s safety. Our team understands the stakes and works closely with parents to navigate challenging situations like those addressed by Piqui’s Law.

If you’re concerned about your child’s well-being or have questions about your rights under California custody laws, call us today at 855-426-9111 or reach out via our online contact form. Let’s work together to secure the best possible outcome for you and your family.

Child Custody

Proving Date of Separation in California: A Crucial Step in Your Divorce

When it comes to divorce in California, one date stands out as particularly important: the date of separation. While many assume the most critical date is when you file for divorce, the day you and your spouse officially part ways can have an even greater impact on your case.

From dividing assets to calculating spousal support, this date serves as a cornerstone in determining your financial future. Let’s unpack why it matters and how you can prove it.

What is Legal Separation in California?

In California, legal separation isn’t just about physical distance; it’s about intention. The state follows a "no-fault" divorce rule, meaning neither party has to prove wrongdoing. Instead, legal separation begins when one spouse decides the marriage is over and takes action to live independently without plans for reconciliation.

That sounds straightforward, but in practice, things can get tricky. Couples often disagree on when the separation began, and the burden of proving it can fall on you. That’s why documenting your decision is so important.

Why is the Date of Separation So Important?

The date of separation isn't just a marker on the calendar—it’s the dividing line between what’s shared and what’s yours alone. Understanding how this date affects property division is crucial to protecting your financial interests during a divorce. Let’s take a closer look at how it all breaks down.

Property Division

California is a community property state, which means all assets and debts acquired during the marriage are split equally. The date of separation determines when this division stops. For example, any income, purchases, or debts you accrue after separating are typically considered yours alone—not shared with your spouse.

Spousal Support

The length of your marriage directly affects spousal support. A marriage lasting 10 years or more may lead to longer or even indefinite support. By pinpointing the date of separation, you establish whether your marriage meets this threshold.

Tax Implications

Filing status on your tax return can change based on your separation date. Whether you file as married or single affects deductions, exemptions, and overall liability.

How to Prove the Date of Separation?

Establishing a clear and convincing date of separation involves more than just stating your intent. Here’s a guide to some of the most effective ways to document this important milestone:

Physical Separation

Moving out of the shared home is often seen as a strong indicator of separation. However, it’s not always definitive. If you continue to share meals, vacations, or financial responsibilities, a court might question whether separation has truly occurred.

Separate Residences

Maintaining separate living arrangements adds weight to your claim. Documents such as lease agreements, mortgage statements, or utility bills for a new residence can serve as proof.

Written Communication

Emails, text messages, or letters expressing your intent to separate can be compelling evidence. A simple message to your spouse saying, "I’m moving out because I believe our marriage is over," is hard to dispute.

Financial Independence

Changes in how you handle money also support your separation claim:

  • Opening individual bank accounts
  • Closing joint credit cards
  • Updating loan applications or financial profiles to reflect your single status

Behavioral Changes

Shifts in your marital behavior are also telling. Consider these signs:

  • Ceasing to wear wedding rings
  • Celebrating holidays separately
  • No longer attending social events as a couple

Witness Testimony

Sometimes, the people around you can provide valuable support for your case. Friends, family members, or therapists can share observations about the breakdown of your relationship.

Legal Documents

Documents like a separation agreement or a divorce petition can establish an official date. Even a letter from a family law attorney stating your intent to separate can help bolster your claim.

Additional Evidence to Strengthen Your Case

Courts take a holistic view when determining separation, so it’s wise to compile as much evidence as possible. Here are a few more items that can help:

  • Financial Evidence: Tax returns filed as "single," updated pay stubs showing a new address, or canceled joint memberships.
  • Living Arrangements: Moving receipts, photographs of your new home, or even a signed affidavit from a landlord.
  • Government Records: Driver’s license or voter registration reflecting your updated residence.
  • Communication Records: Social media posts announcing the change in your relationship status or messages to friends confirming the split.

Need Help Establishing Your Date of Separation?

Proving your date of separation is a critical step in your divorce, and getting it wrong can have lasting consequences. At Holstrom, Block & Parke, A Professional Law Corporation, we understand how essential this process is to secure your desired outcome.

With 300+ years of combined experience and a team of Certified Family Law Specialists, we’ve helped countless clients protect their rights during divorce.

If you’re unsure how to document your separation or need legal guidance tailored to your situation, we’re here to help. Call us today at 855-426-9111 or fill out our online contact form to schedule a consultation and take the first step toward securing your future.

Divorce

Does Spousal Support End After Remarriage?

Imagine this: you’ve been receiving spousal support after a divorce, and life seems to be settling into a new rhythm. Then, you meet someone new, fall in love, and decide to get married again. It’s a joyful moment, but a big question pops up—what happens to your spousal support? Let’s break this down so it’s easy to understand.

Spousal support (also known as alimony) exists to help one spouse maintain financial stability after a divorce. It’s a way to bridge the gap, especially when one spouse earned significantly more during the marriage. But remarriage can change everything, so let’s get into how.

Does Remarriage Automatically End Spousal Support?

If you’re the spouse receiving support, remarriage will almost always mean the payments stop. Under California Family Code Section 4337, spousal support obligations typically terminate when the supported spouse remarries. The law assumes that the new marriage comes with financial support from the new spouse, making continued alimony unnecessary.

Are There Exceptions?

While remarriage usually ends spousal support, there are exceptions:

  • Court Orders or Agreements: If a court order or a prenuptial agreement specifies that spousal support continues after remarriage, the payments won’t automatically stop. This is rare but possible.
  • Lump-Sum Alimony: In some cases, spousal support is paid upfront as a lump sum. Since the payment is already made, remarriage doesn’t affect it.

What If Your Ex-Spouse Remarries?

If you’re the one paying support, your ex-spouse’s remarriage is a game-changer. The law allows you to file a motion with the court to terminate your spousal support obligation. However, this doesn’t happen automatically—you’ll need to take action.

Steps to End Support

  1. Gather Evidence: Proof of remarriage, such as a marriage certificate, is essential.
  2. File a Motion: Submit the required forms to the court requesting termination of spousal support.
  3. Act Quickly: Delaying can lead to unnecessary payments, as courts may not reimburse overpayments.

Need help finding the right forms? You can often locate them on your county court’s website or consult with a family law attorney to ensure everything is in order.

What About Overdue Support?

Here’s a critical point to remember: remarriage doesn’t erase overdue support payments. If you owed spousal support before the remarriage, you’re still on the hook for those payments.

Additionally, the supported spouse is required to notify the paying spouse of their remarriage promptly. Failing to do so can lead to legal consequences, including potential court-ordered refunds.

Exceptions to the Rule: Prenups, Postnups, and Special Circumstances

Prenuptial and postnuptial agreements can complicate the question of whether spousal support ends after remarriage. If you and your ex-spouse agreed—either before or after the marriage—that alimony would continue regardless of remarriage, the court will honor that agreement.

Court-Ordered Continued Support

In rare cases, a judge may order spousal support to continue even after remarriage. This might happen if the supported spouse proves extreme financial hardship or other exceptional circumstances. While uncommon, it’s worth discussing with an attorney if you think it applies to your situation.

Annulment of the Remarriage: Does It Change Things?

If the remarriage ends in an annulment rather than a divorce, the situation gets tricky. An annulment essentially erases the marriage, which might reopen the question of spousal support. However, the court will need to weigh several factors before reinstating payments, and outcomes vary depending on the specifics of the case.

Cohabitation: Another Factor to Consider

Even if remarriage isn’t on the table, cohabitation with a new partner can affect spousal support. Courts often view cohabitation as a sign that the supported spouse’s financial needs have decreased. Factors like shared expenses and financial contributions from the new partner come into play.

What Counts as Cohabitation?

  • Living together for an extended period.
  • Sharing financial responsibilities, like rent or utilities.
  • Publicly presenting yourselves as a couple.

If you suspect cohabitation might impact your spousal support obligations, consulting with a lawyer is your best bet.

Facing Changes in Your Spousal Support Situation?

Whether you’re the one paying or receiving support, changes like remarriage or cohabitation can create new challenges. At Holstrom, Block & Parke, we’ve helped countless Californians with family law matters, including spousal support modifications. Our Certified Family Law Specialists are here to guide you through every step of the process.

Got questions about your rights or next steps? Call us today at 855-426-911 or fill out our online contact form to schedule a consultation. We’ll help you understand your options and work toward the best possible resolution for your situation.

Spousal Support

Can Text Messages Be Used in Family Court?

In today’s world, our phones are more than just gadgets—they're lifelines. They carry our personal conversations, professional dealings, and even emotional outbursts. So, it’s not surprising that text messages can end up playing a role in family court cases.

But how exactly does that work? Can those casual messages you sent in a moment of frustration come back to haunt you? Let’s unpack this topic so you know what to expect.

Can Text Messages Be Used as Evidence?

The short answer? Yes, text messages can be used in family court. But there’s a bit more to it. For a text message to be admitted as evidence, it has to meet certain legal standards. Let’s break those down:

1. Relevance

Not every text you send will matter in court. The messages must relate directly to the case. For example:

  • In child custody cases, texts showing a parent’s commitment to their child’s well-being or evidence of neglectful behavior can be highly relevant.
  • In divorce cases, texts about financial matters or infidelity might come into play.

2. Authenticity

Courts need to confirm that the messages are real. This means proving:

  • Who sent and received the messages.
  • That the messages haven’t been altered or taken out of context.
    This often involves showing timestamps, phone numbers, and screenshots, and sometimes even bringing in phone records to back it up.

3. Hearsay Exceptions

Here’s where things can get tricky. Text messages often fall under the legal category of hearsay—statements made outside of court that are offered as evidence. However, there are exceptions to this rule.

If the message shows someone’s state of mind, intention, or is considered an admission of guilt, it might be admissible.

4. Legally Obtained Evidence

It’s critical to gather text messages legally. Accessing someone’s phone or accounts without permission could lead to legal trouble. Instead, work through your attorney to request messages, or if necessary, subpoena phone records.

How Text Messages Impact Family Law Cases?

Now that we’ve covered the basics of admissibility, let’s look at how text messages might affect common family law issues.

Divorce Cases

  • Infidelity Evidence: If a spouse’s text messages reveal inappropriate relationships or betrayal, this can influence settlement discussions or fault-based divorce claims.
  • Financial Disputes: Texts discussing undisclosed income, hidden assets, or large purchases might sway the court’s opinion.

Child Custody and Support

  • Parenting Style: Courts look closely at messages that show a parent’s communication style. Are they cooperative or confrontational? Are they respectful toward the other parent?
  • Child’s Well-being: Texts about neglect, unsafe conditions, or emotional abuse can weigh heavily in custody decisions.
  • Support Requests: If a parent ignores messages about financial support or a child’s needs, it could impact rulings on child support obligations.

Domestic Violence Claims

Threatening or abusive messages can serve as evidence in cases involving domestic violence or restraining orders. Texts can show patterns of behavior or document specific incidents that may not have been formally reported.

Contradictions in Testimony

Text messages are also used to challenge credibility. If someone testifies one way in court but their texts tell a different story, it can undermine their case.

Ethical and Privacy Considerations

While text messages can be a powerful tool, there are some things to keep in mind:

  • Respect Privacy: Never snoop through someone else’s phone. Courts frown on evidence obtained through unethical or illegal means.
  • Context Matters: Texts are easily misunderstood. A single message can look bad without the surrounding conversation for context. Be prepared to present the full picture if a message is used against you.

Tips for Handling Text Messages in Family Court Cases

If you’re involved in a family law dispute, here are some tips to keep in mind regarding text messages:

  • Be Thoughtful in Your Communication: Assume that anything you text could eventually be read in court. Think twice before hitting send.
  • Save Relevant Messages: Keep screenshots, backups, or records of important conversations. Make sure the messages include dates and phone numbers.
  • Consult an Attorney: Before using text messages as evidence, talk to a lawyer. They’ll help you determine whether the messages strengthen your case and ensure you handle them legally.

Contact Us for Support

At Holstrom, Block & Parke, A Professional Law Corporation, we understand how digital evidence like text messages can shape family law cases. With over 300 years of combined experience, our team is ready to help you navigate the challenges of divorce, custody battles, and other family disputes.

If you have questions about how your digital communications could impact your case, don’t hesitate to reach out. We’re here to provide guidance, answer your questions, and work toward the best possible outcome for you and your family.

Call us today at 855-426-9111 or reach out via our online contact form for a confidential consultation. Let’s work together to find the best path forward.

Family Law

When Can a Child Speak in Court in California Family Law Cases?

Children are at the heart of many family law cases, and their voices often play a critical role in shaping outcomes. But when can a child speak in court in California? The answer is more nuanced than you might expect. While Hollywood dramas may depict courtroom scenes with children taking the stand, the reality is far more measured and guided by California law and the child's best interests.

There’s No Magic Age

The law recognizes that every child is different, and their ability to contribute depends on their maturity, understanding, and the context of the case.  California Family Code Section 3042 states that children as young as 14 are often considered old enough to express their views, younger children might also be heard if the court finds it appropriate.

The decision doesn’t come down to just age, though. Instead, the judge evaluates each situation carefully, considering the child’s ability to understand the questions and whether they can provide truthful, relevant answers.

How Do Judges Decide If a Child Can Testify?

Judges are critical in determining if and how a child’s voice will be included in a family law case. They assess various factors to ensure the child’s testimony adds value to the case without causing unnecessary stress or harm.

Key Factors Considered:

  • Understanding the Truth: Can the child distinguish between truth and lies? Judges often ask simple questions to gauge the child’s understanding of honesty and the importance of being truthful in court.
  • Ability to Communicate: Does the child have the verbal skills to answer questions clearly? A child must be able to express themselves in a way that provides useful information.
  • Emotional Well-being: The court carefully considers whether testifying might cause psychological harm or undue stress for the child.

Judges often rely on interviews or reports from professionals, such as psychologists or mediators, to determine if a child is ready to testify.

The “Best Interests of the Child” Standard

The guiding principle in California family law cases involving children is always what’s in the child’s best interests. This standard applies not just to custody and visitation decisions but also to whether a child’s testimony is allowed. Judges weigh the potential benefit of hearing the child’s perspective against the possible emotional toll it might take on them.

For instance, if a child’s input could help resolve a critical custody issue, the court may choose to involve them. On the other hand, if testifying could place the child in the middle of parental conflict, the court might seek alternative ways to gather their input.

Types of Cases Where a Child’s Testimony Might Be Relevant

Children’s voices can come into play in several family law situations. Here are a few examples:

  • Custody Disputes: A child may express a preference about which parent they want to live with or how they wish to divide their time.
  • Visitation Arrangements: In cases where a child feels strongly about visitation schedules, their perspective can help shape a plan that works for everyone.
  • Abuse or Neglect Allegations: If a child has been directly impacted, their testimony or input can be critical in assessing safety concerns.
  • Relocation Cases: When one parent wants to move away, the child’s thoughts on the potential move may be relevant.

While it’s not the sole determining factor in any decision, a child’s input may be considered. The judge has to weigh the child's requests and obtain relevant information for the case while protecting them from possible trauma.

How Children Can Be Heard Without Testifying

California courts offer alternative methods besides testifying in open court to minimize stress and protect children’s emotional well-being.

Common Alternatives:

  • Private Interviews with the Judge: Judges can meet with the child in their chambers, away from the courtroom setting. These interviews are often conducted with a court reporter present but without parents or attorneys in the room.
  • Appointing a Guardian ad Litem or Attorney: A guardian ad litem or an attorney may be appointed to represent the child’s interests and communicate their perspective to the court.
  • Professional Reports: Mediators, therapists, or custody evaluators can gather the child’s input and present it to the court in a written report.

These methods help ensure that the child’s voice is heard without subjecting them to the stress of direct courtroom testimony.

Facing a Family Law Matter in California? We Can Help

When family law cases involve children, emotions run high, and the stakes are significant. At Holstrom, Block & Parke, APLC, we understand the unique challenges these cases bring. Our dedicated team, backed by over 300 years of combined experience, is here to guide you through the process with care and commitment.

Whether you're dealing with custody, visitation, or other family law matters, we’re here to protect your family and secure the best possible outcome for you and your child.

Contact Holstrom, Block & Parke, APLC today for a consultation. Call us at 855-426-9111 or visit our contact page to get started. Together, we can find the path forward that works best for your family.

Family Law

What Disqualifies You From Alimony in California?

If you’re facing a divorce in California, alimony can feel like a lifeline—or a daunting obligation, depending on your perspective. However not everyone qualifies to receive alimony, and there are certain actions or circumstances that could disqualify you. Understanding the factors that courts consider can make all the difference, whether you're seeking or disputing alimony.

At Holstrom, Block & Parke, APLC, we’ve spent years helping clients handle alimony cases. With our Certified Family Law Specialists and knowledgeable attorneys, we work to ensure that you know your rights and responsibilities. Let’s break down some of the key situations where someone might be disqualified from receiving alimony.

Short Marriages: Duration Makes a Difference

The length of your marriage directly impacts alimony eligibility. In California, a common guideline is that alimony payments last half the length of a short marriage—typically defined as less than ten years.

For example, if a couple was married for four years, spousal support might only be granted for up to two years. However, judges have significant discretion and may extend or shorten the timeframe depending on other factors. If the marriage was brief and both spouses were financially independent, alimony might not be awarded at all.

Does Adultery Impact Alimony?

Surprisingly, California is a no-fault divorce state, meaning adultery doesn’t automatically affect alimony decisions. However, there are exceptions where infidelity could play a role. For example, if marital funds were spent on an affair (such as lavish gifts or trips), the wronged spouse could argue that the behavior should factor into financial settlements.

Proving adultery requires evidence—text messages, receipts, or eyewitness accounts—which can be difficult to gather. While adultery alone won’t disqualify someone, its financial implications might.

A Critical Factor in Domestic Violence

Domestic violence can have a major influence on alimony decisions. If the supported spouse has a history of abuse against the paying spouse, they may be disqualified from receiving support. California law emphasizes protecting victims, and judges often consider the broader circumstances of abuse.

Protective orders, police reports, or witness testimony can play a critical role in these cases. On the flip side, a documented history of domestic violence by the paying spouse could result in higher alimony awards to the victim.

Financial Self-Sufficiency

California courts encourage spouses to work toward financial independence. If the supported spouse can sustain themselves without help—through employment, investments, or other means—they may be denied alimony.

Judges will examine factors like:

  • Education level
  • Work experience
  • Current job opportunities

If someone is deemed capable of supporting themselves but isn’t making an effort (like refusing job offers or failing to seek training), it could hurt their case for alimony.

Cohabitation with a New Partner

Cohabitation with a romantic partner often leads to reduced or terminated alimony payments. The reasoning is simple: living with someone usually means shared expenses, reducing the need for financial support.

However, not all cohabitation situations are treated equally. The law specifies that a “nonmarital partner” implies a romantic relationship, so simply living together as platonic roommates may not suffice to trigger modifications to alimony. Courts will evaluate whether the living arrangement genuinely lowers financial need. Keep in mind, that proving cohabitation might involve digging into financial records or observing behavior over time.

Hidden Assets and Income

Honesty matters in divorce proceedings. If the supported spouse is caught hiding income or assets, it can lead to disqualification from alimony. California courts take a dim view of dishonesty, and penalties for financial deception can be severe. Hiding assets can lead to civil penalties and financial deceptions can result in criminal charges.

Forensic accountants and other tools often uncover hidden wealth. The consequences? Not only might alimony be denied, but the dishonest party could face legal repercussions or financial penalties.

Criminal Convictions

Certain criminal convictions, particularly violent offenses, can disqualify someone from receiving alimony. For example, if a spouse is convicted of domestic violence or violent sexual offenses within five years of the divorce filing, it could significantly impact their eligibility for support.

Judges are unlikely to award financial assistance to someone who has harmed their spouse. This rule underscores the importance of maintaining lawful and respectful behavior during marriage.

Lack of Effort Toward Self-Sufficiency

Courts don’t look kindly on someone who avoids opportunities to improve their financial situation. If a spouse refuses to find work, declines job training, or otherwise neglects efforts to become self-sufficient, it can affect alimony eligibility.

For instance, if someone continuously turns down reasonable job offers or skips out on education programs without a valid excuse, the judge might decide they don’t deserve financial support. California Family Code § 4330 emphasizes that recipients of spousal support should make a “reasonable effort” to become self-sufficient.

Why Legal Representation Matters

Alimony cases can quickly become complicated. Having a skilled attorney on your side can make a significant difference in protecting your rights and ensuring a fair outcome. At Holstrom, Block & Parke, APLC, we understand the importance of your financial future and work tirelessly to advocate for you.

Contact us today at 888-996-6919 to discuss how our experienced team can help secure your financial stability and guide you through the complexities of the process.

Alimony

Domestic Partnerships in California: Your Timeline to Recognition

If you're considering establishing a domestic partnership in California, you might have a lot of questions about the process and what it involves. You're not alone in this journey. Domestic partnerships can be a meaningful way to formalize your relationship and secure legal rights similar to those of marriage. Let’s walk through what it takes to make this happen in California.

What Is a Domestic Partnership?

A domestic partnership is a legally recognized relationship between two individuals who meet specific eligibility criteria. This status grants couples many of the same legal benefits as marriage, such as healthcare decision-making rights and access to family health insurance.

Who’s Eligible for a Domestic Partnership?

To establish a domestic partnership in California, both partners must meet these requirements:

  • Be at least 18 years old.
  • Not be currently married or in another domestic partnership.
  • Not be closely related by blood (similar to marriage restrictions).
  • Be capable of consenting to the partnership.
  • At least one partner must be a California resident.

If you can check off all these boxes, you’re ready for the next steps!

Step 1: Meeting the Requirements

Before diving into paperwork, ensure you gather the necessary documentation. This includes proof of identity and residency, such as a driver’s license or utility bill. It’s always a good idea to double-check with your local County Clerk's office for any additional requirements.

Step 2: Completing the Declaration of Domestic Partnership

The official process begins with filling out the Declaration of Domestic Partnership form. This document is available on the California Secretary of State’s website. You’ll need to provide basic information about yourself and your partner, including full names, addresses, and signatures.

Step 3: Getting Your Form Notarized

Once the form is complete, both partners need to sign it in front of a notary public. This step ensures the validity of your signatures. Keep in mind, notarization may come with a small fee, so plan accordingly.

Step 4: Filing Your Declaration

Where to File

After notarization, the completed form must be submitted to the appropriate office. You have two options:

  • By Mail: Send your form to the California Secretary of State’s office in Sacramento.
  • In Person: Visit your local County Clerk's office or one of the Secretary of State's regional offices, such as the one in Los Angeles.

Filing Fees

  • Under 62: $33
  • 62 or Older: $10
  • Special Handling Fee (for in-person filing): $15

Each filing method has its pros and cons. In-person filing typically ensures faster processing but may require scheduling an appointment. Mailing your form is more convenient but might take longer to process.

Step 5: Processing Time

Processing times vary depending on your filing method and current demand. Typically:

  • By Mail: Allow 4–6 weeks for processing.
  • In Person: Processing can take as little as a few days.

Keep in mind that these are only estimates. Backlogs or unexpected delays can occur, so it’s a good idea to submit your application well in advance if you have a specific timeline in mind.

Step 6: Receiving Your Certificate

Once your application is processed, you’ll receive a Certificate of Registered Domestic Partnership in the mail. This document serves as proof of your partnership and opens the door to the legal rights and responsibilities that come with it.

What Rights Does a Domestic Partnership Provide?

Domestic partnerships grant couples rights such as:

  • Hospital visitation and healthcare decision-making authority.
  • Joint property ownership rights.
  • Access to family health insurance coverage.

These rights can vary, so it’s wise to consult with a family law professional to understand how they apply to your specific situation.

Have Questions About Domestic Partnerships? We Can Help

The process of establishing a domestic partnership might seem straightforward, but there are always unique circumstances and questions that come up along the way. At Holstrom, Block & Parke, APLC, our team is here to guide you every step of the way.

With over 300 years of combined experience, our Certified Family Law Specialists* have helped countless couples formalize their domestic partnerships. Contact us today to schedule a consultation. Let’s make sure your partnership is recognized and protected under California law.

Call us at 855-426-9111 or visit https://hbplaw.com/

Uncategorized

How to Terminate Child Support in California

Child support laws in California can be confusing, especially when it comes to understanding when and how obligations end. This article breaks down the key situations where child support can terminate and the steps involved.

At Holstrom, Block & Parke, APLC, we bring over 300 years of combined family law experience, including a team of Certified Family Law Specialists (CFLS), to help families with child support issues. Let’s explore the process together.

Grounds for Termination

Child support doesn’t last forever, but the circumstances under which it ends depend on various factors. Let’s break them down.

Reaching the Age of Majority

In California, child support generally ends when the child turns 18. However, there are exceptions:

  • Still in High School: If the child is still enrolled in high school full-time, support continues until they graduate or turn 19, whichever happens first.
  • Disabled Adult Children: In cases where a child has a disability that prevents self-sufficiency, support may continue indefinitely.

Emancipation of the Child

Emancipation occurs when a child is legally no longer dependent on their parents. This can happen in several ways:

  • Marriage: A child who legally marries is considered emancipated.
  • Military Service: Enlisting in the military also terminates child support, as the child is now self-supporting.
  • Court-Granted Emancipation: In California, minors can seek emancipation if they meet specific criteria. They must be at least 14 years old, living separately from their parents with parental consent, and managing their own financial affairs. Their income must come from a legal source, and they must prove that emancipation is in their best interest.

Child's Death

Though rare and tragic, child support obligations automatically terminate if the child passes away.

Death of the Supporting Parent

Obligations survive the death of the supporting parent and can be pursued against their estate. The child support order remains in full force and effect until modified or terminated by a court.

Parentage Challenges

If it’s proven through court proceedings that the paying parent is not biologically or legally responsible for the child, support obligations may end.

Procedure for Termination

Understanding the legal steps involved is key to ensuring a smooth process.

Before jumping into the procedures, remember this: Both parents must agree to any changes, and even then, the court must approve the termination. Without a court order, the original child support terms remain enforceable.

Agreement Between Parents (With Court Approval)

In some cases, parents may agree that support should end. For example, both might agree that the child has become financially independent or is no longer in need of support. However, to make this official:

  1. Draft a written agreement.
  2. Submit it to the court for approval.

To wrap up, parents may agree on child support modifications, but court approval is essential to make them legally binding. This step ensures the child's needs are addressed while protecting the rights of both parents.

Filing a Motion with the Court

If parents cannot agree, the paying parent may file a motion with the court to terminate child support. The process involves:

  • Required Documentation: Gather evidence supporting your request, such as proof of the child’s age, emancipation, or other qualifying circumstances.
  • Serving the Other Parent: Legally notify the other parent of your motion through certified mail or another approved method.
  • Court Hearing: Attend a hearing where a judge will review the evidence and decide whether to terminate the support order.

Modifications vs. Termination

It’s important to understand the difference between modifying and terminating child support. Modifications adjust the amount of support due to changes in financial circumstances or the child’s needs. Termination, on the other hand, permanently ends the obligation.

Keep in mind, if the child has unique needs—such as ongoing care for a disability—the court may be more inclined to modify the order rather than terminate it outright.

Arrears and Ongoing Support

Even if child support is terminated, any past-due payments (known as arrears) are still enforceable. These debts don’t go away and can be collected through wage garnishment, tax refund intercepts, or other legal methods.

Additionally, support might continue for adult children who are disabled and unable to live independently. It’s worth discussing these scenarios with a family law attorney to ensure your rights and obligations are clearly defined.

Role of a Family Law Attorney

Child support termination is a significant legal process that benefits from careful handling. Whether you’re filing a motion, negotiating with the other parent, or attending a court hearing, having an experienced legal team on your side can make all the difference.

At Holstrom, Block & Parke, we’ve handled complex child support cases for years. Our team knows how to address issues like emancipation, disability-related extensions, and arrears. We’ll work with you to resolve your case fairly and efficiently.

Facing a Child Support Issue in California? We Can Help.

If you’re dealing with child support concerns—whether it’s termination, modification, or enforcement—reach out to Holstrom, Block & Parke, APLC. Our team of Certified Family Law Specialists is ready to help you secure the best possible outcome.

Call us today at 855-426-9111 to schedule a free consultation. Let us guide you through this process with confidence and clarity.

Child Support

Divorcing After 50 in California: How to Prepare for a Gray Divorce

Gray divorce—divorce among couples over 50—is becoming more common in California and across the country. In fact, the divorce rate for people over 50 has doubled since the 1990s, according to the Pew Research Center. This shift reflects a growing trend of couples reevaluating their personal goals and priorities as they enter new stages of life.

At Holstrom, Block & Parke, A Professional Law Corporation, we understand the unique challenges of gray divorce. With over 300 years of combined legal experience, our team, including Certified Family Law Specialists (CFLS), is here to help guide you through the financial and emotional hurdles that come with divorcing later in life. Let’s discuss what gray divorce means, why it’s on the rise, and how you can prepare for this significant life change.

What Is Gray Divorce?

Gray divorce refers to divorces involving couples aged 50 and older. It often happens after decades of marriage, when couples realize they’ve grown apart, want different things, or feel they’ve outgrown their relationship. With people living longer and healthier lives, many feel empowered to pursue happiness in their later years, even if that means separating from their spouse.

Changing societal norms and shifting roles in marriage also play a role. For some, the end of child-rearing years serves as a natural point for reevaluation. Others may find their financial independence allows them to explore life outside of a long-term partnership.

The Unique Challenges of Gray Divorce

Divorcing later in life brings unique challenges that can feel overwhelming without proper planning and support. Here are some key considerations:

1. Complex Asset Division

After decades of marriage, you’ve likely accumulated substantial assets, including:

  • Real estate: Family homes, vacation properties, and rental investments often need careful valuation and division.
  • Retirement accounts: Dividing 401(k)s, IRAs, and pensions requires special attention, often involving Qualified Domestic Relations Orders (QDROs) to avoid penalties.
  • Investments and savings: Stocks, bonds, and other accounts may carry tax implications that require professional advice.
  • Businesses: For those owning a family business, the division process can be especially intricate.
  • Heirlooms and personal property: Sentimental items can complicate negotiations.
  • Spousal Support: A long-term marriage where one spouse may have been out of the workforce for an extended period.

2. Health Insurance and Healthcare Concerns

Losing access to a spouse’s employer-sponsored health insurance can create challenges. Depending on your age and situation, you may need to explore COBRA coverage or Medicare options.

3. Emotional Complexities

Divorcing after 50 often comes with a sense of lost identity. Starting over later in life can feel daunting, especially when retirement plans or relationships with adult children are impacted.

California-Specific Legal Considerations

California’s community property laws dictate that most assets and debts acquired during a marriage are divided equally. Anything acquired before marriage is considered separate property, including gifts, inheritances, and assets. This framework can have major implications for gray divorce.

Spousal Support

Spousal support, or alimony, is often a critical issue. California courts consider factors such as:

  • The length of the marriage (longer marriages often lead to longer support periods)
  • Each spouse’s earning capacity and financial needs
  • The age and health of both parties
  • The standard of living established during the marriage

Retirement Accounts and QDROs

Retirement savings are among the most valuable assets in a gray divorce. A QDRO ensures retirement accounts are split fairly without triggering taxes or penalties. It’s essential to work with an attorney familiar with the process to protect your financial future.

Strategies for a Smoother Gray Divorce

Preparation and support are essential to making the process as manageable as possible. Here’s how you can approach it:

Seek Legal Counsel Early

Working with an experienced attorney early on can help you understand your rights and options. This is especially important for complex financial matters like dividing assets or addressing spousal support.

Explore Mediation

Mediation can be a less adversarial and more cost-effective way to resolve disputes. Many couples find it easier to work through issues collaboratively, especially when retirement plans and family relationships are at stake.

Get Financial Advice

Consulting with a financial advisor can provide clarity on how asset division will impact your future. They can help you understand tax implications, manage investments, and plan for retirement.

Consider Counseling

Therapy can be a valuable tool for processing emotions and finding the strength to start fresh. Many also find it helpful to seek support in rebuilding their sense of identity after a long marriage.

Updating Your Estate Plan After Divorce

A gray divorce can significantly impact your estate plan. Once your divorce is finalized, be sure to:

  • Update your will and any trusts
  • Change beneficiary designations on life insurance policies, retirement accounts, and other assets
  • Address any plans for blended families to ensure your wishes are honored
  • Revoke any financial or healthcare powers of attorneys that name your ex spouse and appoint new agents.
  • Update your advance healthcare directives to reflect your current wishes.
  • Ensure property titles are changed to reflect new ownership after divorce.

Social Security and Gray Divorce

Did you know you may be eligible for Social Security benefits based on your ex-spouse’s work record? To qualify, your marriage must have lasted at least 10 years, and you must be unmarried, 62 or older, and eligible for benefits. If your ex-spouse’s record provides higher benefits than your own, you can claim the difference—without affecting their benefits.

Facing a Gray Divorce in California? We Can Help.

At Holstrom, Block & Parke, A Professional Law Corporation, we know how overwhelming gray divorce can feel. With 300+ years of combined experience and a team that includes Certified Family Law Specialists, we’re here to help you confidently take the next step.

Ready to talk? Contact us today at 888-996-6919 to schedule a consultation. Together, we can help you secure the best outcome for your future.

Divorce

Trial Separation Checklist: Practical Steps for a Smoother Process

Deciding on a trial separation is never easy—it often follows deep conversations and tough emotions. Have you found yourself wondering if this step could provide the clarity you need?

At Holstrom, Block & Parke, APLC, our team of Certified Family Law Specialists brings over 300 years of experience to support families through challenging transitions. This checklist offers essential considerations–from living arrangements to financial responsibilities–to help you navigate your separation effectively. While it’s not legal advice, it’s a helpful starting point for your journey.

What Is Your Goal for the Trial Separation?

Before moving forward, it’s crucial to ask yourself: What do you want to achieve during this time apart?

Trial separations can serve different purposes, such as:

  • Gaining individual clarity on your feelings and priorities.
  • Improving communication that might have broken down.
  • Addressing specific issues like trust, infidelity, or financial disagreements.
  • Determining whether reconciliation is possible or whether divorce is the right path.
  • Establishing clear boundaries and expectations.
  • Maintaining open and honest communication.

Take some time to write down your goals and discuss them with your spouse. Being on the same page about why you're separating and what you both hope to learn is an essential first step.

Legal Considerations During Separation

In California, trial separations don’t automatically carry legal consequences unless you decide to formalize them. However, you should know how your time apart could affect a potential divorce down the line.

Key Legal Points to Know:

  • Date of Separation: This is the date when you and your spouse decided to live apart. In California, the "date of separation" can impact property division in a divorce.
  • Legal Separation vs. Trial Separation: A legal separation involves filing paperwork with the court and comes with legal protections, while a trial separation is often informal and doesn’t involve the court.

If you're uncertain about any of these aspects, it’s wise to consult an attorney to make sure your rights are protected.

Financial Arrangements During a Trial Separation

Money is often a source of tension in relationships, and it can become even more complicated during a separation. Clear financial boundaries and agreements are essential to avoid unnecessary conflicts.

Ask yourselves:

  • How will household expenses be handled during the separation?
  • Will you maintain joint accounts, or will you open separate ones?
  • What happens to debts that you share?
  • Should one spouse pay spousal support temporarily?

Creating a budget can help lay out exactly who will pay for what during this time. It might also be worth consulting a financial advisor to ensure all expenses are accounted for.

Living Arrangements: Where Will Everyone Stay?

Deciding who stays in the family home and who moves out is another significant decision. It can also be one of the hardest. If possible, this decision should be based on practical considerations rather than emotions.

Make a list of your possessions and discuss how to handle items that are particularly valuable or sentimental.

Parenting Plans: Putting the Kids First

If you have children, their needs should take priority during the separation. It’s essential to create a temporary custody and visitation plan that minimizes disruptions to their lives.

Key questions to discuss:

  • What will the custody and visitation schedule look like?
  • How will you handle decisions about the children’s health, education, and activities?
  • How will expenses like child care or extracurricular activities be covered?
  • How will you communicate about the children’s needs and well-being?

Keeping a journal to track co-parenting arrangements and any changes can be helpful. Remember, California courts always focus on the “best interests of the child,” so putting your children first can also set the tone for any future decisions.

Communication and Setting Boundaries

Trial separations can be emotionally charged, so clear communication is key to keeping things from spiraling into conflict.

Some couples find it helpful to schedule check-ins to discuss how the separation is going. This can be a chance to assess whether adjustments need to be made to the original plan.

Practical Considerations

Even small details can create big headaches if they’re not addressed. Take time to think about how you’ll manage day-to-day responsibilities and social situations.

Ask yourselves:

  • How will household chores, pet care, and other shared responsibilities be divided?
  • What will you tell family, friends, and coworkers about the separation?
  • How will you handle attending social events, especially if you’re both invited?

Setting clear expectations can prevent miscommunication and make this time less stressful for both of you.

Regular Check-Ins: Reviewing and Reassessing

A trial separation isn’t meant to be indefinite. It’s important to set a timeframe and agree to check in periodically to discuss how things are going.

Think about:

  • How long the trial separation will last?
  • When you meet to review your progress and discuss the next steps?
  • How you’ll decide whether to reconcile, continue the separation, or pursue divorce.

Regular communication and a willingness to adjust the plan can help keep the process constructive.

Facing a Trial Separation? Let Us Help.

At Holstrom, Block & Parke, APLC, we know how overwhelming this time can be. Our team of Certified Family Law Specialists is here to guide you through the legal and emotional challenges of trial separation. Whether you’re looking for clarity on your rights or need help creating a formal agreement, we’re ready to support you.

Contact us today at 855-426-9111 to schedule a consultation. Together, we’ll help you find a path forward that works for you and your family.

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