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Legal Separation vs. Divorce in California

When you can no longer live with your spouse, California law offers two legal options to settle your situation so you can move forward with your life. You can get a divorce, or you can obtain a legal separation.

It is important to understand the distinction between the two and the outcome and ramifications of each option. Many people think they understand the differences, but their knowledge is often based on assumptions that are outdated or involve the laws of other states. In some jurisdictions, legal separation is a stage on the path to divorce, but in California, the situation is quite different.

What is Legal Separation in California?

Legal separation involves much more than simply living apart. Living apart is physical separation. When a couple is legally separated in California, it means the courts have granted a judgment of legal separation, which is a court order similar to what couples receive after a divorce. The court order can:

  • Divide marital assets
  • Allocate marital debts
  • Order one spouse to pay spousal support to the other
  • Establish child custody and visitation arrangements
  • Order child support
  • Require one spouse to pay the attorney’s fees of the other

Essentially, the court order after a legal separation does almost everything that a court order does in a divorce case. However, the order specifies that the couple remains married.

With Legal Separation, the Marriage Continues

Although spouses have separate living situations and finances after a legal separation, they remain married. This means they cannot marry someone else.

Some couples choose to file for legal separation because they do not want a divorce on moral or ethical grounds. In some religions, for instance, divorce prevents individuals from participating fully in worship practices or holding leadership positions.

In other situations, couples choose to legally separate because it provides a safe, structured framework to address problems in their relationship. If one spouse has problems with gambling or substance abuse, for instance, a legal separation protects the other spouse from being drawn into debt or having to live with the consequences of the problem. It can signal that commitment and hope remain for the relationship.

A Divorce Ends a Marriage

Divorce is often referred to in legal terms as a dissolution of marriage. It means to dissolve or put an end to the marriage. After a divorce is finalized, the marriage is over. This is in contrast to a legal separation, where the marriage continues, although under different circumstances.

The continuation of marriage is the primary difference between a legal separation and a divorce. After either a divorce or legal separation, the couple can remain in their legal state indefinitely, or they can change their status. A legally separated couple can divorce. A divorced couple can remarry.

If one spouse fails to abide by the terms in a court order granting divorce or legal separation, the other spouse can ask the court to enforce those terms. Both processes result in terms established under a legally binding order of the court.

Legal Separation Provides an Option for Someone Who Does Not Want to Wait

To get divorce in California, one spouse must have lived in California for at least six months. In addition, they must have resided for at least three months in the county where they file divorce in court.

While one spouse must live in California to file for a legal separation, there is no minimum time of residency required. A spouse who does not want to wait to meet residency requirements can file a petition for legal separation and later amend the petition to ask for a divorce.

There is also no waiting period for a legal separation. While a divorcing couple must wait until at least six months from the time a spouse rec0eived divorce papers or responded in court to the petition for divorce, the law imposes no such requirement on legal separation. As a practical matter, however, it will take time for the legal process to unfold in a legal separation, just as it does in divorce.

Legal Assistance is Crucial for Legal Separation

In terms of the paperwork filed in court, the process of legal separation is quite similar to divorce. In fact, the courts use many of the same forms.

Moreover, the process of preparing for a legal separation also involves consideration of multiple issues. Both spouses should understand their legal rights regarding marital property, debts, spousal support, and issues related to children. In divorce and legal separation, the court will establish arrangements that affect the lives of both spouses for years to come. Therefore, it is wise for spouses to retain their own attorney who can focus on protecting their interests.

The attorneys may negotiate cooperatively to develop terms for the legal separation or divorce. This often provides both spouses with the outcomes that best suit their preferences. If the parties do not reach an agreement outside of court, the judge will have to hear evidence regarding the issues, and then issue a ruling on the specific terms.

The Process for Legal Separation and Divorce in California

In either divorce or legal separation, the legal process begins when one spouse files a petition with the court and ensures that the legal paperwork is officially served on the other spouse. That spouse should then respond.

At that point, the parties can work to develop and write out terms for the legal separation of divorce or they can decide to allow a judge to settle the issues. Attorneys will need to support each spouse’s interests either through negotiations or litigation. Because the same issues need to be resolved in a legal separation as in a divorce, the process is just as complex and just as crucial. Remember, whether the process ends in divorce or legal separation, the court will issue an order with legally binding terms that both spouses must live by.

Holstrom, Block & Parke, APLC Protects Your Interests in Legal Separation and Divorce

The Certified Family Law Specialists and associates at Holstrom, Block & Parke, APLC have the knowledge and experience to protect your interests in an array of family law proceedings, including both legal separation and divorce.

If you’d like to discuss legal separation as a quick option to avoid delays, a protective step in a challenging relationship, or as a potential long-term solution, we would be happy to discuss your options so you can make an informed decision for your future. Just schedule a confidential consultation online or call us at 855-426-9111.

General

What Is a DVRO in California and How Can It Help Me?

Abuse can happen to anyone at any time, but California law offers you protection with a DVRO or a domestic violence restraining order. The courts issue DVROs to protect people against abuse or violence from a family member or significant other residing in the same household. That might include a current or former spouse, boyfriend or girlfriend, or the other parent of a child.  It may also include in-laws, siblings, and stepparents.

DVROs can protect you and your children from many different forms of abuse, including emotional abuse and situations where someone is blocking your access to money or basic needs or preventing you from communicating with others..

A family law attorney can assist you with obtaining a DVRO if you need one. In addition, if you have received papers indicating that someone has taken out a DVRO against you, a family law attorney can help you understand the types of conduct you must avoid to remain in compliance and avoid penalties.

How a DVRO Works

A domestic violence restraining order is designed to protect you against abusive conduct from someone you’ve had an intimate relationship with or close relatives including:

  • Siblings
  • Parents
  • Children
  • Grandparents
  • In-laws

If a person of these relationships causes or attempts to cause physical injury or sexual assault against you, a DVRO can protect you for further abuse. Also, a DVRO protects you should that person make threats of violence or abuse, or if he or she leads you to believe you’re in immediate danger. It also protects against harassment, stalking, and other ways of disturbing your peace.

The DVRO might be issued with broad terms prohibiting all contact between you and the person who has committed or threatened abuse. Or the order might contain specific prohibitions, such as ordering a spouse to move out of the home or prohibiting a family member from having firearms or ammunition.

Every domestic situation has unique dynamics, so the terms needed to protect vulnerable family members may be slightly different in each case. If you are having difficulty caused by someone who is not a family member or former partner, California courts offer other types of restraining orders that can provide protection

What Constitutes Domestic Violence?

When asked about domestic violence, if a client answers with, “no, he’s never hit me or anything like that,” it’s a red flag for a family law attorney.  Many clients do not realize that abuse and domestic violence takes many forms. For example, if your spouse keeps the finances from you to create a situation of financial dependence, that can be considered a form of domestic violence because it is abuse.

Other examples of behavior that may be considered domestic violence include:

  • Accessing your email, computer or cell phone against your will
  • Keeping you from seeing friends and family
  • Restricting your movements
  • Tracking your location without consent
  • Punching holes in the wall; throws or breaks things in anger
  • Threatening physical or emotional harm if you leave or file for divorce
  • Sending harassing/threatening text messages or emails
  • Leaving threatening voicemail messages

This is not an all-encompassing list. The courts’ determination of what constitutes domestic violence is ever changing, and often expanding.  Behavior you might not consider domestic violence could very well fall within the courts’ or legislatures’ definition.

What Does a DVRO Do for You?

Depending on the nature of your case, getting a DVRO can either stop someone from acts of abuse, or it can order someone to take certain action. Commonly implemented orders connected with DVROs might:

  • Restrain an abuser from making contact with you, your children, and your property either personally or through a third party
  • Restrain an abuser from harassing, stalking or otherwise disturbing your peace
  • Order an abuser to be removed from a home that you share
  • Give you temporary child custody pending formal hearing and permanent custody after the formal hearing
  • After a formal hearing, require the abuser to pay child support and/or spousal support
  • Prohibit the abuser from possessing a firearm or ammunition
  • After a formal hearing, order that the abuser to pay fees related to acts of violence, including medical and attorney fees.

A family law attorney can meet with you to discuss your needs and present your requests to the court so that you can gain a DVRO with the right terms to provide the protection you need for yourself and others in your care.

How to Get a Temporary DVRO

Obtaining a DVRO is a multi-step process. It requires that you complete and file several forms at a California courthouse in the county where you reside. Initially, a family court judicial officer reviews the filing, and makes a decision whether or not to issue a temporary DVRO.

The restraining order forms give you a chance to explain to the court why you are experiencing fear of harm or harassment. You want to be as detailed and specific as you can about instances of abuse, using dates and times if possible. Include photos of injuries, police reports, text messages—anything you can show demonstrating threats to the safety or peace of you and/or your children. An attorney can help you gather and present evidence persuasively to demonstrate your need for a restraining order.

Should the judicial officer decide you are in immediate need of protection, a temporary restraining order can be issued within one or two business days of filing. The temporary orders create conditions that are enforceable until a DVRO hearing takes place at a later date set by the court. Until that time, the abuser must follow the rules set forth by the temporary order.

Serving Notice of a Temporary Restraining Order

You will need to make sure that the restraining order is properly served on the person being restrained. “Serving” is the legal term for delivering legal documents in a way that ensures that they are properly noticed. You cannot serve the order yourself—you must have a server deliver them for you.

A server can be any other person over the age of 18. A marshal or sheriff’s deputy will do it for free, but you must ask them. Some notices can be served by mail but in many cases they must be served in person. Your attorney can help you ensure that papers are served in a way that fulfills legal requirements.

How to Get a Permanent DVRO

Whether or not you get a temporary order, the court will schedule a hearing for a longer lasting DVRO, called a permanent DVRO, which can last up to five years. At the hearing, you and the person you are seeking the order against will have a chance to present evidence to a family court judicial officer. You will want witnesses to the domestic violence or harassment there to testify and to present any documentary evidence, such as photographs, e-mails, text messages and the like. You will have a chance to tell the judicial officer what happened and why you are fearful of continued abuse.

An attorney can help you prepare a statement for the court. You can read off notes, although it is often more effective if you use your notes for reference but speak candidly and directly to the judge. It is natural to feel nervous about the process, but working with an experienced attorney during preparation can help ease your concerns considerably.

During the hearing, the person against whom the order is sought will make their own arguments, so it is a good idea to take down notes about how you might want to respond to those arguments. This is another task your attorney can assist with, and they can present arguments on your behalf.

When Is a DVRO the Route to Pursue?

At Holstrom, Block & Parke, APLC when the safety for our clients and our clients’ children is at issue, we pursue DVROs. We believe safety is absolutely paramount, as is the right to live in peace. A DVRO is a powerful document for keeping you safe. However, it's a piece of paper and it's only as good as you're willing to enforce it.

We tell our clients it is important to have several copies of the restraining order made, file one with local law enforcement, and keep the remainder in a number of places:

  • One copy with you at all times
  • One copy in your vehicle
  • One copy in your home
  • One copy on file at a child’s school or care facility

Should the abuser violate the DVRO, contact local law enforcement and your attorney immediately.

How Can a Family Law Attorney Help Get a DVRO?

A dedicated California family law attorney can help you identify persuasive evidence, prepare it for the court, and present it in a way that is consistent with the law. Attorneys know what family law judicial officers look for with respect to making decisions about issuing a DVRO. We know how to cross examine your abuser in a manner that reveals their violation of your right to live in peace. We know how to help.

Call (855) 395-5111 Now for a Free Phone Consultation.

We pledge to serve and protect your interests through fast, effective solutions.

Domestic Violence

Can I Get My Ex to Pay My Attorney Fees?

The cost of hiring an attorney to handle a divorce, domestic violence issue, or other family law dispute can be substantial, depending on the circumstances and complexities surrounding your case. In fact, concerns about the expense often keep people from taking action to get out of a bad situation.

It is important to realize that sometimes, the court will order one party to pay a portion of the attorney fees incurred by the other party, especially if one party earns more than the other or has acted wrongfully. However, while there are many situations in family law where a judge has discretion to order one party to pay the attorney’s fees and costs of the other party, usually the judge also has the ability to refuse to order payment of fees and costs. Moreover, if a judge orders a payment, it often only covers part of the costs.

It is a good idea to talk to your attorney if this is a primary consideration. An experienced family law attorney can assess the situation and give you an idea of how likely a court would be to award attorney’s fees. Your attorney could also negotiate a settlement that involves payment of your legal expenses. In this post, we explore some of the reasons courts can order one party to pay the legal costs of the other in a family law case.

California Lawmakers Want Both Parties to Access to an Attorney in Divorce Cases

In divorce cases and legal actions related to the outcome of the divorce, Section 2030(a)(1) of the California Family Code specifies that “the court shall ensure that each party has access to legal representation, including access early in the proceedings.” They are to do this by ordering one party to pay “whatever amount is reasonably necessary for attorney’s fees” as well as the cost of pursuing or defending the case.

However, the court is directed to order payment of attorney’s fees only if the party requesting assistance lacks the ability to pay and the other party has the ability to pay the costs of legal fees for both. In other words, the issue is decided purely based on need rather than the conduct of the parties.

When One Spouse Controls the Accounts

What can you do when you need to hire a divorce attorney but cannot afford the retainer because your spouse earns all the family income and holds the purse strings? Before a petition for divorce is filed, both spouses have equal right to community property, so even if your spouse is the breadwinner, you still own half of the income that spouse earns. Unless a court has placed an injunction or freeze on an account, you have the perfect right to remove money from a joint checking account to pay an attorney.

If all the accounts are solely in your spouse’s name, you may want to talk to your attorney about payment arrangements. While you still have a legal right to marital funds, accessing them quickly could be challenging. If you are concerned that your spouse might try to remove all assets from accounts and attempt to hide them, your attorney might ask the court to issue an order not to sell assets and to enjoin removal of funds from accounts.

If Your Ex Refuses to Cooperate a California Court Can Order Them to Pay Your Attorney’s Fees

In addition to the need-based provision of Section 2030, California family law statutes offer numerous other provisions that give courts discretion to order one party to pay the other’s attorney’s fees. The provision with the broadest application is Section 271 of the Family Law Code. Under this statute, the court can require one party to pay legal fees of the other when the party acts in a way that unnecessarily delays resolution of the legal issues, driving up the cost of the case. Rather than ordering one party to pay the other’s fees as a matter of financial equity, the order is made as a sanction to punish wrongful tactics.

When Your Ex Acts Wrongfully the Court May Require Them to Cover Legal Costs

It only seems fair that when one party acts wrongfully and the other incurs legal costs to respond, the party in the wrong should be required to pay those costs. For instance, if one parent has refused the other opportunity to exercise their custody and visitation rights, and legal action is taken to enforce those rights, the parent who refused the rights can be required to pay the legal expenses of the other parent.

The California Family Code contains numerous provisions regarding payment of attorney’s fees in specific situations such as when one party makes false child abuse allegations during a custody case, or refuses to pay their share of health care expenses. In domestic violence cases, the party at fault can also be required to pay the other party’s legal costs.

Holstrom, Block & Parke, APLC Can You Recover Legal Fees

The Certified Family Law Specialists at Holstrom, Block & Parke, APLC understand all the different provisions that can be used to require a former partner to pay attorney’s fees and other costs in divorce, custody cases, domestic violence situations, and other family law matters. Call 855-426-9111 or contact us online to talk to us today about the ways we can protect you.

Family Law

Domestic Violence in California Divorce and Custody

In the state of California, domestic violence isn't merely a private issue but one that has deep implications for divorce and child custody proceedings. Experiencing or witnessing violence within the confines of your home can leave lasting scars, both physically and emotionally.

When it comes to legal matters, these experiences can influence the outcome of your divorce or child custody case. At Holstrom, Block & Parke, APLC, we strive to protect the interests of those subjected to domestic violence, but we also work to secure the rights of those facing unfounded violations of domestic violence. The issues are complex and delicate, so it is important to give all the facts the attention they deserve.

Domestic Violence and Child Custody Determinations

In California, nothing surpasses the importance of a child's safety and mental well-being. When the courts are presented with evidence pointing towards domestic violence, they take this into serious consideration when deliberating on custody or visitation rights.

An individual proven to be abusive might not only lose custody but also be limited to supervised visits only. This measure is designed to ensure the child's physical and psychological safety. Always remember, when it comes to child custody, the child's interests are central.

Financial Ramifications of Domestic Violence in Divorces

While the physical and emotional ramifications of domestic violence are undeniably significant, there's another dimension often overlooked: the financial implications in a divorce setting. A victim of domestic violence may receive a greater amount of alimony or spousal support.

An abusive partner may be legally bound to make restitution payments. Whether you have been subjected to domestic violence or you are being accused of domestic violence, you will benefit most if you seek comprehensive legal advice and representation from an attorney who understands how the details impact your case and how to advocate most effectively based on your specific circumstances.

Protective Measures in California Divorce Proceedings

In California, the safety and well-being of individuals are of paramount concern when domestic violence is alleged. For individuals undergoing the strain of divorce while dealing with the aftermath of domestic violence, the legal system offers protective orders. These orders, tailored to specific needs, can prohibit the abusive partner from initiating contact or can set stringent guidelines for visitation, ensuring the safety of all involved.

At Holstrom, Block & Parke, APLC, we work to ensure that protective orders provide necessary protection without overburdening either party to ensure a safer transition during the divorce process. We assist with obtaining orders and can provide advice on how to comply with terms to avoid a potential violation.

The Importance of Evidence in Domestic Violence Cases

When raising allegations of domestic violence in a divorce or child custody case in California, evidence becomes paramount. Simple allegations may serve to get a temporary protection order, but to impact a case in the long term, it is important to provide evidence such as police reports, medical records detailing injuries, or testimonies from witnesses.

Our team helps gather, preserve, and present evidence to prove or refute allegations of domestic violence. We recognize the gravity of the situation and ensure your voice is not only heard but substantiated with the right documentation.

Emotional Support and Counseling Resources

While legal guidance is indispensable in cases involving domestic violence, emotional healing and support play an equally critical role. It's essential to understand that domestic violence survivors, including children, often benefit from professional counseling to cope with the trauma and transition into healthier living circumstances.

Counseling can aid in understanding feelings, rebuilding self-esteem, and setting the foundation for a brighter, violence-free future. California offers numerous resources and support groups tailored to assist domestic violence survivors. We not only stand by our clients in the courtroom but also ensure they're aware of the holistic support available to them.

Contact Holstrom, Block & Parke, APLC

At Holstrom, Block & Parke, APLC, our focus extends beyond just legal representation. We are here to guide, support, and champion the rights of those impacted by domestic violence. Your well-being, and that of your loved ones, is our utmost priority, and we're committed to helping you embark on a fresh chapter in your life.

Navigating divorce in California, especially in the context of domestic violence, requires dedicated expertise. The Certified Family Law Specialists at Holstrom, Block & Parke, APLC understand the complexities and fight tenaciously to protect the rights of clients in all situations. Call us at 855-426-9111 or connect with us online to schedule a consultation to learn more about how our dedicated team can assist you through this challenging journey.

Domestic Violence

What are the Grounds for Divorce in California?

Deciding to get a divorce isn’t an easy choice, but when you understand more about the process, you give yourself a greater base of knowledge on which to form your decisions. Learning about the grounds you can use to file for divorce in California can help you determine whether divorce is appropriate in your situation. So let's delve into what California law says about acceptable grounds for divorce.

No-Fault Divorce

California is considered to have a “no-fault” divorce system. Aspects like adultery or other forms of marital misconduct generally don't have a direct impact on the eligibility to file for divorce or the granting of the divorce itself. Unlike fault-based divorce systems, where cheating or abuse can be leveraged for a more favorable settlement, California's courts usually don't consider these factors when deciding to grant a divorce.

The primary question the court considers is whether the marriage is "irretrievably broken." By eliminating the need to prove fault, the system aims to make the divorce process less adversarial and emotionally draining. Therefore, even if one spouse has committed adultery or another form of marital misconduct, it won't typically affect the court's decision about whether to dissolve the marriage.

Two Grounds for Divorce

There are only two grounds for divorce recognized by the California Family Code, and most divorces are granted on the basis of one factor. That is, most divorces are based on “ irreconcilable differences, which have caused the irremediable breakdown of the marriage.” The other legal ground on which to seek a divorce is one partner’s “permanent legal incapacity to make decisions.”

Irreconcilable Differences

The term "irreconcilable differences" offers a lot of flexibility when you're considering divorce. You don't need to pinpoint specific incidents of wrongdoing, like adultery or abuse, to justify the decision to separate. You and your spouse may simply have philosophical, emotional, or practical differences that have led you to the point where staying married isn't tenable. Filing on this ground avoids a lot of the finger-pointing and stress that can accompany divorce proceedings, making it easier and often quicker to move through the legal process.

Legal Separation Before Divorce

Legal separation can be an interim step if you and your spouse aren't entirely sure that divorce is the right option. While legally separated, you can divide assets and debts, figure out child custody arrangements, and live separately, all without legally ending the marriage.

It's a way to get a feel for what divorce would entail emotionally and financially. After a period of legal separation, if you decide that reconciliation isn't possible, transitioning from legal separation to divorce can be more straightforward since some of the agreements may already be in place.

Divorce on the Grounds of Incurable Insanity

The option to divorce on the grounds of "incurable insanity" is not commonly used in California but it is still a legally valid reason for divorce. This would require proving with medical or psychiatric evidence that one spouse is and will remain incurably insane.

Because this involves bringing medical professionals into a legal proceeding, this approach can be more time-consuming and costly. It also might involve more emotional turmoil, given the serious nature of the claim. Therefore, most couples opt for the no-fault ground of "irreconcilable differences" unless the situation truly warrants a claim of incurable insanity.

What Happens to the Assets in California?

Asset distribution can be one of the most contentious parts of a divorce. In California, a community property state, any assets acquired during the marriage are typically divided equally between both parties. However, any property or assets you owned before the marriage remain yours, unless commingling of assets occurs.

While adultery or other forms of wrongdoing during the marriage do not provide grounds for divorce, they can impact the division of marital property. If one spouse’s divorce attorney demonstrates that the other spouse’s bad conduct wasted marital assets, that attorney could persuade the judge to award additional marital property to the other spouse to make up for the waste.

Residency Requirements in California

To file for divorce in California, at least one spouse must be a resident of the state for at least six months. Additionally, one spouse must have resided in the county where you plan to file for at least three months. If both parties agree to the divorce terms, they can finalize the divorce out of court, but it can be very difficult to reach an agreement on all the issues without legal assistance.

Contact Holstrom, Block & Parke, APLC

Even though it may be simple to determine the grounds for divorce in California, other aspects of the process can be quite complex. The terms of your divorce will affect your life for years to come, so it is worthwhile to invest time and resources to ensure that you receive a fair settlement.

To put our experience to work protecting your interests in divorce, call Holstrom, Block & Parke APLC, today at (844) 237-5791 or contact us online to schedule a consultation.

Divorce

What Is Alimony And How Is It Determined In California?

Divorce is challenging both emotionally and financially. Among the complex financial elements to address during divorce are questions involving whether one spouse should pay alimony and if so, how much and for how long.

In this blog, we'll examine what alimony is and how decisions about alimony are determined in California. Our goal is to provide you with a clear, easy-to-understand guide that can be your first step in grasping this crucial aspect of California divorce law.

What is Alimony?

Alimony is financial support paid by one spouse to another during or after divorce proceedings. Technically, the legal term for these payments are spousal support, but most people still use the traditional term, alimony.

The primary objective of alimony is to balance the financial playing field and to ensure that the lower-earning spouse can maintain a standard of living similar to what they enjoyed during the marriage. In California, alimony isn't automatic; rather, the courts have a considerable amount of discretion when it comes to the type, amount, and duration of these payments.

Factors that Influence Alimony in California

To establish a fair alimony arrangement, California courts weigh a number of elements. These factors include but aren't limited to:

  • Length of the marriage
  • Age and health of each spouse
  • Income of each spouse
  • Property and debts of both parties
  • Earning capacities of both parties

Additionally, the court looks into the lifestyle the couple maintained during the marriage, as well as contributions from the spouse seeking alimony. For instance, the court will consider one the lower-earning spouse helped the higher-earning spouse acquire an education, advance in their career, or secure professional licenses.

Types of Alimony in California

Different types of alimony exist in California to serve various needs and situations. The most common types include temporary, rehabilitative, and permanent alimony.

Temporary alimony is designed to provide financial aid during the divorce process itself. Rehabilitative alimony aims to assist the lower-earning spouse in becoming financially independent by supporting them as they re-enter the workforce. Permanent alimony, usually applicable in long-term marriages, may last indefinitely and is designed to offer lasting support.

How Is the Amount of Alimony Calculated?

While California doesn't have a strict formula for determining alimony, many courts use software programs as guidelines for establishing a reasonable amount. But remember, these are just guidelines, not hard rules.

Judges use their discretion, taking into account the above factors and other issues, to arrive at a fair and just alimony arrangement. Both spouses have an opportunity to present their case, arguing for either a higher or lower alimony payment based on their individual needs and circumstances. That means it’s in your best interests to make certain your divorce attorney is aware of all the factors that could weigh in your favor during an alimony determination.

When Can Alimony be Modified or Terminated?

Modification of alimony is not uncommon in California, particularly if there's a significant "change in circumstances," such as either party experiencing a considerable increase or decrease in income, or reaching retirement age. Alimony termination generally occurs if the recipient remarries or if either spouse passes away. It’s essential to seek professional legal advice from an experienced California divorce lawyer if you think your alimony order may need modification or termination.

The Role of Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements can be pivotal in determinations of alimony in a California divorce. If an agreement was signed before or during the marriage, it should be thoroughly reviewed as part of the divorce process.

Even though such an agreement can specify alimony arrangements, the court still retains the final say. However, judges usually respect the terms of a prenup or postnup, provided it was fair and voluntarily agreed upon by both parties at the time it was executed.

Alimony and Taxes

Remember, tax laws concerning alimony have changed. Previously, alimony payments were tax-deductible for the paying spouse and were considered as taxable income for the receiving spouse.

But for divorces finalized after December 31, 2018, this is no longer the case. Now, alimony payments are neither tax-deductible for the paying spouse nor considered income for the recipient. This change has significant implications and should be kept in mind when negotiating alimony.

Important Tips for Seeking Alimony in California

If you want to seek alimony or ensure that you are not ordered to pay an unfair amount of support, it's crucial to gather pertinent documentation such as proof of income, a comprehensive list of monthly expenses, and any available information regarding your spouse's earnings.

Get the documentation to your attorney in a timely fashion. Having detailed records can strengthen your case when the court is assessing the amount of alimony to be granted. Remember, thorough preparation can be your best ally in ensuring a fair alimony arrangement.

Contact Holstrom, Block & Parke, APLC for Help with Alimony

Whether you are seeking alimony or being asked to pay spousal support, the outcome can have a tremendous impact on your financial future in both the short and long term. The experienced Certified Family Law Specialists at Holstrom, Block & Park know how to ensure that the factors that support your goals receive fair consideration during the divorce process.

To put our skills to work for you, call today at (844) 237-5791 or contact us online to schedule a consultation.

Alimony / Divorce

How is Child Support Calculated in California?

When going through a divorce, understanding how child support is determined becomes a critical aspect for both parents. In California, child support aims to ensure that children receive financial assistance that aligns with their parents' incomes, the family’s standard of living, and the child’s specific needs. 

Let's delve into the factors that are typically considered when calculating child support in the Golden State.

 

Factors Influencing Child Support

Several elements affect the amount of child support ordered. In California, these can include:

  1. Each parent's gross income
  2. The time each parent spends with the child
  3. The number of children covered by the support order
  4. Health insurance expenses
  5. Mandatory payroll deductions
  6. The child's educational and health needs

Understanding these factors can better prepare parents for the possible outcomes in child support decisions. At Holstrom, Block & Parke, APLC, our team can provide insights tailored to your specific situation.

 

California's Child Support Guideline Formula

California's approach to child support is methodical yet designed with the best interests of the child in mind. The state's guideline formula generally plays a large role in the process, but judges can deviate from the results provided by applying formulas in order to account for additional factors. 

Here’s a deeper look:

  1. Income Consideration: Not only does this formula take into account the gross incomes of both parents, but it considers any potential tax deductions, bonuses, and overtime. It also covers income from investments and other sources. It's an exhaustive review designed to reflect each parent's actual financial capabilities.
  2. Time-share with the Child: How much time the child spends with each parent can significantly influence the support amount. The rationale is simple: the more time a parent spends with the child, the more direct expenses they likely incur and the more they will need assistance from the other parent.
  3. Special Needs and Expenses: The formula can also adjust for children with special needs or extraordinary medical or educational expenses. 

While the state provides tools to help with this calculation, nothing replaces the insight and understanding that an experienced legal team can provide. We dive into every detail, ensuring the calculation aligns with your family's reality.

 

Potential Changes and Adjustments

Life is ever-changing, and circumstances can shift. In California, parents can request a review of the child support amount if there are significant changes in income, living situations, or the needs of the child. Staying proactive and knowledgeable about these potential adjustments can help ensure the best outcome for your child.

 

Avoiding Common Pitfalls

While the child support calculation process is designed to be fair, there are potential pitfalls parents might encounter. These can include inaccurate reporting of income, misunderstanding the time-share calculation, or not considering all allowable deductions. 

In some cases, parents have been known to deliberately reduce their income to lower their child support obligations. When this is brought to the court’s attention, support obligations may be adjusted to provide what that parent should be providing. Our team knows the potential problems to keep alert for so we can help ensure the right outcome.

 

California Child Support Tools and Resources

California's dedication to ensuring the well-being of children post-divorce is evident in the wealth of tools and resources it provides to assist parents in understanding child support.

  1. Child Support Calculators: These online tools, available through California's Child Support Services website, offer an initial estimate of potential child support payments. By entering specifics like income, time spent with the child, and certain expenses, parents can get an approximate idea of what might be expected.
  2. Informational Workshops: Various counties in California occasionally hold workshops designed to help parents understand the nuances of child support, from how amounts are determined to rights and responsibilities.
  3. Guideline Books and Materials: For those who prefer a deep dive, the state offers comprehensive guideline books. These materials break down the factors considered in child support calculations, offering insights into the methodology used.
  4. Local Child Support Agencies (LCSAs): Spread throughout California, LCSAs provide a range of services. They can assist in establishing paternity, obtaining child support orders, and enforcing support obligations.
  5. Online Account Services: For parents already part of the child support system, online portals enable them to track payments, view case information, and communicate directly with caseworkers.

While these resources are invaluable, the complexities of individual situations often require a personalized touch. An online calculator, for instance, can't account for every nuance of a family's dynamics or financial intricacies. This is where assistance from the seasoned team from Holstrom, Block & Parke, APLC can be essential. We don’t just help you navigate the system; we ensure that the system works for you, considering every unique detail of your situation. With our guidance, you'll achieve not only clarity but confidence in the decisions you make for your child's future.

 

Contact Holstrom, Block & Parke for Help with Child Support

Divorcing in California, especially when children are involved, brings its unique challenges. If you're facing the complexities of child support calculations, you deserve knowledgeable guidance. Reach out to Holstrom, Block & Parke, APLC today at (844) 237-5791 or contact us online to schedule a consultation with a dedicated lawyer in Southern California.

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