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Divorce

What Is Spousal Support?

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Spousal support, also known as alimony, is a legal obligation on a person to provide financial support to their spouse. Spousal support is generally issued in connection with legal separation or divorce cases. One spouse pays the other ex-spouse – whether the husband or wife – a certain sum of money. Courts may require this if one party earns much more than the other, and the other one needs assistance in maintaining their lifestyle close to the marital standard. It is generally awarded to a spouse who makes a lower income or has been out of work during the marriage. The purpose of spousal support in California is to preserve a person’s financial status to the greatest extent possible.

Spousal support is broken down into two types: temporary (pendente lite) or permanent (post-divorce judgment). Temporary spousal support is awarded during divorce proceedings and meant to maintain the living condition of both parties before divorce is finalized. Permanent spousal support is awarded after divorce is finalized and it is to provide the lower-earning spouse with adequate income to ensure that their needs are met and they’re able to maintain their standard of living.

Check Out Our Alimony & Spousal Support Resources Page >> 

Spousal support payments can be made on a monthly basis for a predetermined period of time, but can also consist of a single lump-sum payment. In some cases, spouses can have an agreement on the amount and conditions of support. And if the agreement meets legal requirements, it will be upheld by the court, even if it means that the lower-earning spouse will not receive any support.

Eligibility for Spousal Support in California

Spousal support is issued on a case-by-case basis, but in most cases, only persons who have been married for a longer duration (usually over 5 years) are eligible for support. Other factors that the court will take into consideration when making the support determination include:

  • The assets and property owned by each spouse
  • The earning capacity of each person
  • Whether the parties shared a business
  • Whether one party has significant debt
  • Each party’s contribution to the relationship
  • Physical and mental health conditions
  • Whether the parties had a prenuptial agreement that set forth spousal support provisions

Length of Spousal Support

The length of spousal support is usually tied to the length of the marriage. As a general rule, the court will not order support for more than half the length of a marriage that lasted less than 10 years. However, the court will not set definite spousal support duration if a marriage lasted 10 years or longer. The party who pays will bear the burden of proof to show that spousal support is not needed at some point in time. 

While post-divorce spousal support is often referred to as “permanent,” it is increasingly rare for true permanent support to be awarded, even for longer marriages. California courts require the spouse being supported to make efforts to become self-sustaining. A spouse who claims an inability to become fully employed or inability to work will have to support the claim with evidence. True permanent spousal support generally applies to spouses who cannot become self-supporting due to age or disability.

Spousal Support Modification

Once the court issues a spousal support order, it becomes final and enforceable by the law. The orders can, however, be modified due to unique or special circumstances that occur later on. For example, if one spouse loses their job and cannot pay or the other spouse gets a job or a significant rise in income, spousal support can be altered or terminated.

Hiring an Attorney for Spousal Support Issues

Filing for spousal support in California can require many statements, documents and other items needed to support a party’s arguments. You’ll also need a thorough understanding of the law to avoid hurting your case. A qualified family lawyer can help review the terms and negotiate with the other party to ensure that your needs are covered.

If you’re considering filing for alimony in California, or simply have questions, contact us for a free consultation today!

Can I Change My Child’s School During a Divorce? (even if the other parent does not agree)

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One issue that often comes up during a divorce is the dispute over where the children will attend school after the parents have moved in their separate directions. Sometimes, one parent wants to change the school their child attends, even if the other parent opposes the idea

Whether you can move your child to another school without your former spouse’s approval depends on the custody order issued by the judge:

  • If you were given sole legal custody, then you have the right to choose which school your child will attend without the other parent’s approval.
  • If you share joint legal custody, you and your former spouse must agree on which school to send your child to.

This post addresses issues that come up when parents share joint legal custody.

Parental Consent on School Issues

If your joint custody/parenting plan doesn’t already spell out which school your child will attend, then you and your former spouse must either come to a mutual agreement, agree in mediation, or file a motion asking the court to make the decision for you. If you ask the court to decide, it will base its ruling on what it things is in the best interests of your child. Factors the court considers include:

  • The desires and educational needs of your child.
  • The desires of both parents.
  • Where your child previously attended school.
  • The commuting time from each parent’s home.
  • The associated costs to each parent.

Should You Change Your Child’s School?

School choice issues are complicated. Even if your parenting plan allows for your child to go to school anywhere within a certain district or mile radius, is it the right thing to do? Of course, there are at times very good reason for switching schools: it’s a better environment for your child, economic circumstances have changed, or you have had to move to another district after the divorce. Some experts urge parents – who may not be aware of how stressful it is – to not change their child’s school after a divorce. Attending the same school often offers your child the stable support of friends and teachers he or she knows and loves.

If after careful consideration you feel it’s in your child’s best interests to move to another school, it’s always preferable to come to an agreement with the other parent.

If you’re worried that no matter what the reason, your former spouse will simply not agree to a change, it’s best to talk with your family law attorney who can advise you of your options and help facilitate an arrangement that everyone can agree on.

Can Social Media Prove an Unfit Parent?

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Beware of what you post on social media during divorce and child custody proceedings.

That may sound like a dire warning, but as reported by the American Academy of Matrimonial Lawyers, 75% of family law attorneys are using social media evidence in divorce and child custody cases. That means if one or both parents fail to exercise restraint when posting on their Facebook page, Twitter feed, or any other online social media platforms, it could be used against them in a child custody matter. Just one wrong post can cause more trouble than it’s worth.

Social Media is Not the Problem

It’s not uncommon for a parent’s fitness to raise a child to be called into question during a custody dispute. Social media has added fuel to the fire for proving unfitness, but social media itself is not the problem.

It’s the behaviors and comments of the poster that can influence the court. Even seemingly innocent posts can be misinterpreted or misrepresented to paint a parent in an unflattering light. Long gone are the days of charts, letters, and documents being the sole source of evidence. Today’s courts also accept text messages, emails, and screen shots of social media content in child support and custody dispute hearings.

Family Court and Social Media

In many cases, the information obtained from social media accounts is not as inflammatory as one parent may think. But posts about spending habits, irresponsible behavior, and personal relationships can be used to call into question a parent’s character. California family law courts focus on what is best for a child. They look to establish whether the child is safe, and if a parent’s lifestyle is in any way negatively affecting the child’s well-being. Posts about excessive partying or illegal activity (such as drug use) will most certainly be taken seriously by the court. Even what friends post about the other parent could be used as evidence.

What Can I Use Against My Spouse?

It’s a good idea to check your spouse’s profiles during a child custody dispute. If you believe your spouse is posting things that could have a negative effect on – or be downright harmful to – your child, take a screen shot of the content and share it with your family law attorney. Don’t stalk your former partner on social media; monitor him or her without obsessing.

Things that might be considered by the court include:

  • Tweets or Facebook posts about a wild night out on the town when the parent is supposed to be home caring for your child.
  • Posts that cast you and/or your parenting skills in a negative light.
  • Posts that could be construed as harassment or threats.
  • Posts about any litigation, the custody proceedings, or the judge.

Be Social Media Savvy Yourself

Many people have a false sense of anonymity when they’re surfing and posting on the net. But rest assured, if you’re checking out your former spouse on social media, they’re also looking at your accounts and printing out posts for their attorney. Be careful about what you post and take the time to think about whether it could come back to haunt or harm you. When in doubt, don’t post at all. It will help you avoid additional emotional turmoil during your child custody dispute.

FAQ: How Does Social Media Affect My Divorce

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Facebook, Twitter, Instagram, and Pinterest. Social media accounts offer others a fun and interesting window into your world. But if you’re going through a divorce, social media posts can have serious implications and consequences, doing more harm than good.

They can adversely affect a wide range of issues: custody disputes, division of property, and spousal or child support decisions. Suddenly, what was once an enjoyable way to pass the time becomes a challenge to be overcome in court.

Social Media’s Impact on Divorce Issues

Keeping secrets in the information age is no easy task. California law allows for the discovery of information that is “not privileged” and is “reasonably calculated” to lead to discoverable evidence. What that means is that, even if you have restricted the privacy settings on your social media accounts, the court may still allow certain posts to be used for or against you. Here’s how you can be affected:

  • Child Custody and Support Proceedings. If your divorce involves issues of child custody and support, you should take extreme care in what you post. Even if they are otherwise innocent, posts referencing alcohol or drug use, brand new cars or homes, trips, dating stories, and new relationships can all affect custodial and support awards. Think twice or thrice before you post to a social media site. If there’s a chance a post could have a negative impact, it’s probably best to not post.
  • Divorce Proceedings. More than 80% of divorce attorneys nationwide have used social media as a valuable tool for collecting evidence to present to the court. And as long as requests can be argued to appear reasonably calculated to lead to the discovery of admissible evidence, courts have allowed them. What can you do? Act as if every social media post – or any other electronic communication like email – can and will be used against you in court. And keep in mind that friends you and your former spouse shared during the marriage may be alerting him or her to posts (or even private messages) you make or send.
  • Restraining and Protective Orders. If you have a restraining or protective order in place, commenting on, liking, or tagging your former spouse may be enough to violate the order. Courts are more frequently viewing social media speech the same way they do “live” conversations. Be incredibly careful in what you post.

Visitation Rights.

Social media and technology is not all bad news for your divorce. For divorced parents living a distance from each other, it can allow children to engage in ordered visitation schedules. Webcams and video chats allow for virtual visits and some states have passed specific laws that allow electronic communication to supplement face-to-face visitations.

Learn More

Many spouses going through a divorce freely text, email and update their status without considering the strategic risks and dangers that come along with these types of electronic communications. Before you post your next social media update or hit that send button, stop and think about the effect it might have on your divorce proceedings. An experienced California family law attorney can explain more about the implications of using social media during your divorce. While it may be an important part of your life, you may ultimately decide it’s best to stay off social media while your case is pending.

FAQ: Are There Ways To Reduce Alimony?

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California family law courts order spousal support to ensure that the standard of living experienced during the marriage is maintained to a reasonable extent after the divorce. Regardless of what you may have heard, that doesn’t mean that spousal support is fixed for life. In fact, California law does not favor indefinite spousal support, or alimony. If you or your spouse were awarded spousal support in your divorce, it is possible to have that support reduced.

Ways to Reduce Spousal Support After Divorce

Unless the conditions under which spousal support can be reduced or terminated are specifically addressed in your divorce agreement or court order, the paying spouse can request the court to order a reduction. There are three main steps in determining whether you’re entitled to a reduction.

1. Analyze the Spousal Support Order. There are no shortcuts to winning a spousal support reduction, and it isn’t enough to ask the court for one because you think it’s called for. Make sure you fully understand what the original order calls for. Check what, if any, provisions for modification or non-modifiability are outlined in it.

2. Analyze Your Former Spouse’s Change of Circumstances. One of the top reasons for a reduction in spousal support is the changing circumstances of one or both parties. What does that mean? Simply put, it’s the reason you believe a reduction is justified. Common changes in circumstances include:

• The paying spouse’s income has decreased since the spousal support was ordered.

• The receiving spouse’s income has significantly increased since support was ordered.

• The receiving spouse is now living with another partner. Sharing a home with a roommate, no matter what gender, does not qualify.

3. Prove Your Claim Through Evidence. Once you understand your original spousal support order, and you’ve identified any changing circumstances, you’ll need to produce evidence to the court that backs up your request for reduction. This can be in the form of financial documents, written declarations, oral testimony, or a combination of all three.

What the Court Considers

The court contemplates several factors when deciding whether a reduction is justified. Illness, unemployment, and remarriage are all causes for consideration. So, too, are a party’s age and physical and emotional condition. Keep in mind that the courts do not look kindly on those who voluntarily leave a job or seek a lower paying one simply to avoid paying the ordered support.

A reduction in spousal support can often be more difficult and complicated than obtaining the original order. That’s because in post-judgment divorce orders, the family court has certain conditions for modification and must use a complex evaluation, not a computer program, for determining if a change is warranted

An experienced California family law attorney can help you evaluate your current order and advise whether a request for reduction is proper. If you’re facing a spousal support modification request and want to oppose it, an attorney can tell you whether the request for modification is justified and help you oppose it if necessary.

FAQ: What Can I Do To Prepare For Divorce?

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It’s said when you’re going through a tough time, it helps to know you’re not alone. In the U.S., there are approximately 2.4 million divorces per year, and nearly half of all marriages in California do not last. 

Divorce is often a painful and difficult time in your life, both personally and financially. Careful planning goes a long way in helping you navigate these until now unchartered waters.

How to Prepare for Separation and Divorce

Start by making a checklist. It will not only help you get your thoughts in order, it can be emotionally calming, as well. A sense of purpose goes a long way in instilling confidence. You want to gather together documents that will be used to determine your family’s expenses:

  • Five years of state and federal tax returns.
  • Three years of bank statements.
  • A recent credit report, which you can often obtain online for free.
  • Three years of credit card statements, individually and jointly held.
  • Current balances and monthly payment amounts on other debts, like a mortgage or line of credit.
  • Current pay stubs for both spouses.

Next, assemble all the documents showing the distribution of your assets and debts:

  • Both current and date of separation bank, brokerage, investment, or other financial accounts statements.
  • Both current and date of separation retirement account statements. If any retirement account existed prior to the marriage, include a statement from the date of marriage.
  • Appraisals for real or personal property.
  • Copies of any homeowner’s policies showing value of the contents of any residence.
  • If either or both of you own a business: five years of corporate tax returns, balance sheets, shareholder agreements, and profit and loss statements. You’ll also need copies of all business insurance policies.

Finally, make an inventory of all your marital property. A quick way to do this is by photographing or videotaping all the contents of your home or homes. Don’t forget the outdoors, and include cars, boats, recreational vehicles, etc. If needed, you can always create a list later which shows the actual value of the items.

Consult an Attorney

From separation to final divorce, remember to take your time and don’t create any unnecessary pressure on yourself. Do your research, and don’t make decisions based on what happened to a family member or friend. And most of all, understand the California family law legal process. 

You don’t have to immediately retain a family law attorney, but it helps to consult with one who can give you specific advice on your own issues. It isn’t easy to make sound decisions when you’re in a stressful situation and an attorney can advise you on how to avoid making mistakes that may affect your divorce as it moves forward.

Getting a divorce can be a financial disaster, which is why it is best to hire a lawyer who specializes in divorce or family law. They will know how to best protect your assets and guide you through the process with ease. For more information or to schedule a consultation, click the button below, or call us at 619-289-7948.  We look forward to helping you!

Schedule a Free Confidential Consultation

Bankruptcy and Divorce: How These Two Play Together in CA

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In California, divorce and bankruptcy sometimes go hand-in-hand. One or both parties may find themselves unable to pay family debts, or one spouse may try to use a bankruptcy to give themselves a financial advantage. Most concerns about divorce-related bankruptcies fall into one of these categories:

  • The payment of joint credit card debt.
  • The payment of alimony or child support.
  • The enforcement of a property settlement.

First, a quick answer on spousal or child support payments. Section 523(a)(5) of the Bankruptcy Code prohibits in all chapters the discharge of any and all support obligations. Here are some other common scenarios where divorce and bankruptcy cross paths.

Spouse Files for Bankruptcy During Divorce

A divorce sometimes trigger a bankruptcy filing by one spouse. Unfortunately, this can prolong the process and complicate property division issues. California is a community property state, so even if only one party files for bankruptcy, all matters relating to community property and debts are frozen until the bankruptcy case is completed.

The only exception might be in cases involving pre- or post-nuptial agreements. Once a spouse files for bankruptcy, a bankruptcy estate is established that includes assets such as the family home, pensions, stock portfolios, or mutual funds that can be used for paying debts owed by the filer. All such debts must be paid before the bankruptcy can be finalized. However, the court can still hear testimony on and decide issues related to support.

Filing for Bankruptcy Before Filing for Divorce

If you know ahead of time that either one or both of you will be unable to pay certain debts after divorce, you might want to consider filing for bankruptcy jointly. Just be sure to do so before you file divorce papers.

Just like community property assets are divided between the parties, so too are marital debts. If only one spouse files, he or she is the only one entitled to have their debts discharged. If those debts were joint, this could leave the other spouse open to creditors trying to get payment from them. To avoid being left responsible for any such debt, it’s worth speaking with an attorney about filing for joint bankruptcy.

Enforcing Judgments

Along with support obligations being non-dischargeable under the Bankruptcy Code, all property settlements owed from one spouse to the other, or to a child, are non-dischargeable in a Chapter 7 bankruptcy. Some debts, however, are still dischargeable in a Chapter 13 bankruptcy, so due caution and consultation with an attorney are in your best interests.

Foreclosure and Bankruptcy

If you’re in the middle of a divorce and are served with foreclosure papers because you can’t keep up the mortgage payments, it can be a frightening time thinking you’ll lose your home. Filing a Chapter 13 bankruptcy will stop the foreclosure and gives your family some time to propose a debt restructuring plan. Even if you are unable to reach such an agreement, filing for Chapter 13 relief can buy you time to find another place to live that is more within your means. It can also give your family enough time to put the home on the market yourself, which is always better than what you’d receive from a foreclosure sale.

Remember, filing for bankruptcy during or after a divorce is not an effective way to avoid basic financial commitments that typically occur between spouses. Above all, if your spouse files for bankruptcy before, during, or after your divorce, do not ignore it. Speak to a family law attorney who will go over all your options to protect your interests in the community assets.

Getting a divorce can be a financial disaster, which is why it is best to hire a lawyer who specializes in divorce or family law. They will know how to best protect your assets and guide you through the process with ease. For more information or to schedule a consultation, click the button below, or call us at 619-289-7948.  We look forward to helping you!

Schedule a Free Confidential Consultation

Top 5 Items Not to Post on Facebook While Going Through a Divorce

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Social media and divorce do not mix.

While one might think that complete deletion of all platforms- Facebook, Twitter, Tumblr, Snapchat, Instagram, and whatever else may become popular in the time that is posted- this is not always the case. Deactivating your account, can be viewed as though you are trying to hide assets or information from your spouse or their legal team. With Social media and divorce you must assume that everything you post can and will be seen by both your spouse (through mutual friends) and in turn their legal team. Social media and divorce hurts in several ways- personally it can make you seem weak or desperate, but perhaps most importantly it can provide ammo to your opposing legal team.

     1. Pictures

Pictures of you out with friends either drinking or partying should not be posted. Even if this is not a common occurrence for you, images such as these can be used as proof that you are an unfit parent and become evidence in a custody battle. Social media and divorce can turn into the main argument in a custody case.

     2. Status Updates

Social media and divorce tends to destroy the best things about social media in general, such as status updates.  It is great to post about the good things in your life but this can also hurt you. Avoid updates about going out, or speaking negatively about your soon to be ex spouse, or even the court case as all of this can be used against you in court.

     3.New Purchases

Retail therapy is a real thing! However posting about new purchases is can be detrimental to a claim for spousal support. Even if you are excited for a little bit of joy, this indicates a financial stability, either hidden in discovery or implying you don’t need spousal support.

     4.Workplace Humblebrags

Avoid openly bragging about bonuses or promotions at work. While this may seem like a way to show the world you’re doing very well post-separation, one might feel like this is the best use of Social Media and divorce, but it still is proof that you have financial assets that your spouse can go after.

     5.Private Messages

Remember that even your private messages are up for grabs in the discovery period. Do not put anything in writing that you do not want a judge to read as if it exists on social media, it can be found. Think of social media activity as both public and permanent.

These same rules apply to your former spouse as well. Social Media and divorce is not a one way street. Keep an eye on his or her accounts (mutual friends can be useful for this) for the same purposes- photographs or messages that hint at hidden assets or perjury on financial statements.

Most of all, remember to exercise control and common sense with Social Media and divorce. Just to be safe- stick to pictures of your pet and uplifting quotes. Assume that anything you post can be viewed by both your ex spouse, so be sure to present an image of a happy, stable, responsible person.

Navigating social media and divorce at the same time can be tricky! That is why it is best to consult with a lawyer who specializes in divorce or family law. They will know the best way to advise you regarding these sensitive issues.

FAQ: How Much Does Divorce Cost and Who Pays For it?

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Choosing to divorce is not usually an easy decision, but once that decision has been made, thoughts can quickly turn to how much it will cost. Most people find themselves asking how much does divorce cost as everyone has heard horror stories of divorcing couples who lost their entire savings after going to war over the most minor of details. Those cases are actually rare, though, and the cost of a divorce in California usually runs from $2,000 to $20,000.

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