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Divorce & Student Loans

In order to get a good education today, student loan debt is a reality for many college and graduate-school educated people in this country. What happens when one spouse in a marriage has tens of thousands of dollars in student loans and the couple is getting divorced?

Does the other spouse have to split the debt?

In California, a community property state, when a couple divorces, the court divides their assets as well as their debts.

Just as there are community and individual assets, there can be community and individual or separate debts. For example, if one spouse is attending school and takes out a student loan during the marriage, the loan is generally considered a separate debt.

There are many reasons for an individual to take out a student loan, such as:

  • To pay for college tuition and books
  • To support the student and/or family while pursuing an education

Since, in most cases, it’s usually a little of both. Trying to figure out who is responsible for paying back the loan can be complicated. Getting a degree can benefit both when the individual’s salary is increased – the court may then consider it a community debt. However, if the degree doesn’t benefit both parties, repayment of the loan is usually the responsibility of the student.

According to California Family Code Section 2641(b), “Upon dissolution of marriage or legal separation of the parties, the community shall be reimbursed for community contributions to education or training of a party that substantially enhances the earning capacity of the party”.

In California, there can be exceptions when the student loan can be considered a community debt. It is best to seek legal advice if you are in this situation.

If you need help trying to figure out how your divorce will impact you financially, an attorney might be able to help. Contact the Riverside family law offices of Holstrom, Block & Parke. We can help you figure out what your options are and how they will impact your financial obligations.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Child Support

How Can I Establish My Rights As A Dad?

In today’s world, the mother is not always the sole caregiver for her child – many fathers participate in raising their child – and fight to obtain their parental rights if they are not recognized as the child’s legal father.

California courts believe that children have a right to know who their parents are.

If you are an unmarried father, you have the right to file a paternity action and be legally recognized as the child’s father – giving you the right to visitation as well. As the recognized father, you also have the obligation to pay child support.

Keep in mind – unless you legally establish the paternity of your child, you have no say in his or her upbringing. The child’s mother can legally move away with the child without your consent – you don’t even have the right to visit your child.

Legal issues involving a child can be complex and emotionally charged. At this difficult time, you need the help of an attorney you can trust to handle your case with the utmost skill, compassion and professionalism.

The Riverside family law offices of Holstrom, Block & Parke is committed to improving the lives of children and their families. We push hard for efficient, positive outcomes, while doing everything possible to reach a resolution smoothly and efficiently. Our attorneys understand that this is a challenging time and believe that you deserve attentive and individualized service.

Once the relationship has been legally recognized, both parents will have the same rights as divorced parents have in terms of child custody, visitation (parenting time) and child support.

Our attorneys have extensive experience representing both unmarried mothers and unmarried fathers in these matters. Wherever your interests lie, at our firm you’ll find the strong and effective legal representation you need to forcefully assert your rights, because we understand the bond that exists between a child and a father and ever be deprived of sharing their love with the miracle they help create.

Child Custody / Parental Rights

Divorce: Emotionally & Financially Devastating

Divorce, custody battles,child support, alimony, modifications or contempt actions can be emotionally and financially devastating for everyone involved.

You need to make financial and logistical adjustments, carefully monitor your legal rights and manage heightened emotions during this stressful time. If you have children, matters can be complicated further. While these issues are basically the same for most couples, you may face very specific concerns according to your unique position.

In California, the only reason needed to end a marriage is ‘Irreconcilable differences’. In addition, California is considered to be a community property state, which means all marital property is split 50/50.

Community property consists of:

  • Home – resident, rental and any vacation properties
  • Motor vehicles, recreational vehicles
  • Financial – bank accounts, pensions, any income earned
  • Other assets – jewelry, household furnishings, art collections
  • All debts incurred

Property not included in the division would be ‘separate property’, which means any property owned before the marriage took place, including an inheritance or bank accounts which was kept separate from marital accounts.

Issues that need to be decided upon include:

  • Spousal support – depending on the length of the marriage, etc.
  • Ability of one spouse to pay the other
  • Child custody, child support, visitation – if there are children involved

At Holstrom, Block & Parke, we help clients throughout Riverside County with a wide variety of child support matters including enforcement and modification issues. We do everything we can to ensure that you receive the maximum level of support available for your children.

We will work to ensure that the income figures are accurate and aggressively argue any special circumstances that might call for additional support. We will pursue every option available to obtain the most favorable possible result in your case.

If you need dependable advice about your options during the divorce process,contact the Riverside Family Law offices of Holstrom, Block & Parke. We focus on you and your family, so you can focus on the future.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Alimony / Child Custody / Child Support / Divorce / Money, Property & Support / Property Division / Spousal Support

I Need Help With My Child Support Payments

When a family court judge rules on issues of child custody and child support, he or she does so knowing that at some point the order may need to be changed. Circumstances in people’s lives change as time goes by – and these court orders can change with them.

In order for a court to allow support modification, the party seeking the modification must show that there has been a significant change in circumstances that warrants the change.

Has one of the following happened to you?

  • You have experienced a decrease in your income – job loss, medical problem/serious injury
  • Remarriage
  • Your ex-spouse wants to leave town – changing your custody and visitation arrangements

If you fall into one of the above situations and need a post-decree modification on your child custody and/or child support, it is important to contact an experienced Family Law attorney to discuss your options and risks.

Contact the Riverside Family Law offices of Holstrom, Block & Parke because our attorneys know when to recommend compromise to prevent escalation of disagreement and discord in a divorced family situation. Let us help you move forward and start planning the future you want.

Child Custody / Child Support / Divorce / Financial Help

I Want To See My Child

Having a child without the benefits of marriage can be somewhat stressful if the couple is not getting along.

Parental rights can be somewhat challenging for an unmarried couple – especially the father. However, if you are the father, you have legal rights. The legal help from a Family Law attorney is essential to establish your parental rights.

When a child is born to a married couple the father is automatically presumed to be the father. This is not the case for a couple that is not married – paternity must be established in order for the father to be granted custody and/or visitation rights.

California law states that paternity must be established before the father receives rights and responsibilities involving his child. You will have to arrange to have a DNA test done.

As an unmarried father, you have the right to visitation with your child. You and the mother can either determine those rights on your own or a court can do so for you. Generally, you will not be given primary custody unless the mother is proven to be unfit. However, if both parents are playing an active and stable role in the child’s life, joint custody is an option.

When determining custody arrangements, the court looks at several factors, including each parent’s ability to provide for the child, their established lifestyles. The court believes that the child needs the love and attention of both parents.

If you believe you are the father of a child born out of wedlock, you should contact an experienced family lawyer. Contact the Rancho Cucamonga Family Law offices of Holstrom, Block & Parke to find out how to make a claim to your child and assert your rights as a parent.

Child Custody / Child Support

The Many Facets Of Divorce

Letting go of the years you spent together after your divorce is final is not always easy. This is true – even if you initiated the process.

Everything you’ve been thinking about for months and months is now a reality. You may feel out of control and even somewhat bewildered, but it’s time to move on.

It’s time to realize that your lifestyle is about to be altered by the financial settlement. You now have to worry about spousal support and child support. What about your children? They are probably the most painful part of all of this.

Your children won’t be with you every day now. You have to share custody with your ex-spouse. Don’t feel guilty – everything will eventually fall into place. You just need to agree on certain things in order to make the transition move smoothly. Having an experienced attorney by your side to help guide you through all those hard moments and make the process much more manageable to get you to focus on your new life, and all the changes heading your way.

Even when the divorce starts out friendly, it doesn’t mean it will stay that way. Battles take place while working through all the details. Fear and anger can take control while listening to well-meaning friends.

Are you going through a divorce and feel that stress is about to take hold of your life? It would be in your best interests to contact the Riverside Family Law offices of Holstrom, Block & Parke immediately. Our attorneys understand the intricacies of divorce and the realities of your financial situation.

We will work with you to arrive at a reasonable legal settlement that is within your means and meet your needs while doing so. More than anything, we can help you come to terms with difficult decisions made with care and confidence during this stressful and traumatic time in your life.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Alimony / Child Custody / Child Support / Divorce / Spousal Support

My Husband Abandoned Me

Help! My husband packed a bag a week ago and said he was going on a weekend trip with his friends. He called to tell me he was not coming back. What do I do now?

Abandonment is when one spouse leaves the marriage without any justification or consent of the other spouse, and with the intention of ending the marriage.

California does not recognize abandonment as a ground for divorce according to Family Code Sections 2310 to 2313, which states, “irreconcilable differences or incurable insanity” as grounds. This means that it’s unnecessary to prove to the court that your spouse has abandoned you and your family.

However, according to the California Courts Self-Help Center, abandonment also refers to “a parent’s absence or lack of support for a child.” Abandonment may affect a child custody or visitation dispute.

California law allows you to proceed with filing for divorce; however, it requires that you attempt to locate your spouse first. Tips to help in your search include:

  • Contacting family members and friends
  • Searching through telephone directories
  • Tracking financial transactions on joint bank accounts and credit card

According to California law, it is important to provide the other party with sufficient notice of the legal proceedings. If you cannot locate your spouse, the courts allow you to satisfy your service of process obligations through publication:

  • First, file a Declaration of Due Diligence with the court
    • Providing details on your attempts to locate your spouse
  • Make a formal ex-parte request to the court to allow for service by publication
    • Requires you to publish a notice of the divorce proceedings on a weekly basis for a minimum of 4 weeks in newspapers that he may see
  • Once complete, you can proceed with the California divorce procedures

If you have been abandoned in a marriage, the Riverside divorce attorneys of Holstrom, Block & Parke understand that you have already been through considerable trauma and can provide you with honest advice about your potential divorce case. Call today to discuss your situation with a compassionate and experienced legal advocate.

Divorce

Are you scared to be a single parent?

Are you a single parent? Do you feel overwhelmed, tired all the time, and a tad under-appreciated If you answered, “yes,” not to worry – you’re not alone.

Parenting, especially without a partner, is never easy. There is no training or instruction manual to buy. A single parent has no one to share the joys and tears with. The responsibilities fall on one set of shoulders: yours. It is up to you to teach your child right from wrong, how to stay safe, and how to lead a happy, healthy, and productive life, not to mention providing for your child.

Parenting is hard; it could be painful and unrewarding at times. What about when your teenage daughter yells, “I hate you; you’re mean,” because you told her she couldn’t stay out past 10:00 p.m.? This is when you must be strong in order to handle the position of both mother and father.

I know you hope your children will have lots of laughter and fewer tears while growing up – it’s only natural. So, when you’re having a bad moment, take a minute to remind yourself of the laughter. Regardless of how hopeless a situation may seem, keep in mind that your children knows you love them.

When your children are young, they may not understand the act of discipline, but when they grow up, they will see the reasoning behind the lessons you taught and the commitment you gave them. It is at this time that you will know that you contributed to your children’s successes by being a responsible single parent.

Just because you’re a single parent doesn’t mean you should give up hope. You are a single parent and you are strong.

If you are having family issues and need the advice of an experienced Rancho Cucamonga Family Law attorneys, contact one of our knowledgeable attorneys Holstrom, Block Parke for the help and advice you need.

Child Custody / Child Support

My Role In A Child Support Hearing

Holstrom, Block & Parke was founded by Dayn A. Holstrom, with a purpose of providing sophisticated, experienced representation to clients needing assistance in Family Law matters. This includes Marital Dissolution (Divorce), Child Custody matters, Property Division, Child and Spousal Support issues, Domestic Violence Restraining Orders, and a host of related issues. The Law Firm has been serving the interests of clients in the Orange County community for more than 22 years.

Dayn started his career over two decades ago with some distinction, graduating summa cum laude as the Valedictorian and Editor in Chief of the Law Review, and with the highest GPA in the history of the largest law school in Orange County. He immediately established his own firm which has grown through decades of successful representation becoming one of the largest, most recognized Family Law firms in Southern California.

Dayn has served as a Judge Pro Tempore in the Family Law Courts, and has received numerous awards. Recently, he was recognized as one of the top Family Law Lawyers in the Inland Empire for his work in those courts. He and his family have been residents of Orange County for over 30 years.

The firm has a large number of experienced Attorneys and Paralegals. They aggressively represent clients throughout Orange County, as well as the Inland Empire and Los Angeles County. Holstrom, Block & Parke takes a pragmatic approach to Family Law issues, yet understands that the interests of our clients and their children are paramount. They strive for out-of-court settlements whenever practical, as this generally reduces emotional and financial stress for families in crisis.

When asked about the “typical” client, Mr. Holstrom told us, “We are often hired by clients who started their matter with another attorney, and were dissatisfied with either the results, or often the lack of communication from the lawyer. I often hear from a new client that they have gotten more information from us just in an initial intake than they received from prior counsel during their entire representation. We strive to give our clients all of the information that they need to make intelligent and informed decisions about their cases.”

The firm is very experienced in handling all types of custody matters. These include everything from mediating child sharing arrangements to litigating complex “move away” cases, and everything in between. The firm also handles emotionally charged cases involving domestic violence, and claims of abuse with great sensitivity and confidence.

As aggressive and experienced litigators, you can trust that the Firm has the skill and knowledge needed to protect your rights throughout the court process. The Firm has significant experience in high asset and high income cases. Whether you need assistance in establishing a fair support award based upon self employment income, or you require a strong advocate to achieve a fair division of assets, Holstrom, Block & Parke gets it done.

Holstrom, Block & Parke is the first firm to call on when you have a serious, or a simple, Family Law Issue in Orange County.

You can also find this article in the Augusts issue of OC Metro Magazine.

News

Custody Mediation: Reporting vs. Non-Reporting Counties

If you have been ordered to attend mediation for your child custody dispute, one of your first steps is to determine whether your county is a reporting/recommending county or non-reporting/non-recommending county. In the context of mediation, the terms, “reporting” and “recommending” are used interchangeably; the same is true for the terms, “non-reporting” and “non-recommending”.

Regardless of whether your case is filed out of a “reporting” or “non-reporting” county, mediation is a process whereby court-appointed mediators assist parents in creating a custodial/visitation plan that supports the child’s needs, as well as those of the parents. The parties are not allowed to have their attorney present at mediation, and each party will be given the chance to tell his or her side to the mediator. The goal of mediation is to reach a complete agreement on child custody and visitation.

Reporting / Recommending Counties

If you live in a reporting county, your mediator will prepare a report with his or her recommendations regarding child custody and visitation. The mediator is expected to make his or her recommendations with the child’s best interests in mind, and the judge will be able to review this report. In the Southern California area, the reporting counties include San Bernardino, Riverside, and San Diego.

For reporting counties, it is crucial that you meet with an experienced family law attorney before your mediation appointment to discuss the best way to handle yourself and address your concerns to the mediator. The mediator’s recommendations can be very persuasive to the judge assigned to your case.

Non-Reporting/Non-Recommending Counties

In non-reporting counties, your mediator will not create a report with recommendations. Instead, your mediator will either draft a proposed order reflecting the parties’ agreement reached at mediation, or prepare a form indicating that no agreement was reached. In Southern California, the non-reporting counties include Orange and Los Angeles.

Although mediators do not make recommendations to the Court in non-reporting counties, it is still important for you to prepare for mediation with the assistance of an experienced family law attorney. If you are unable to reach an agreement, your performance and interaction with the other parent during mediation will “set the tone” for future litigation. It is always best to start off on the right foot with knowledgeable legal counsel.

Child Custody

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.