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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.

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.

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.

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.

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.

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.

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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.