Orange County Family Law Blog

Child Support – knowing your rights and obligations

Facing the end of a marriage can be an emotionally charged time with many critical and complex issues to be tackled. When children are also involved, the stakes are even higher.  Going through a divorce means having to address matters surrounding child custody, support, and visitation. These decisions are both psychologically taxing and difficult to face alone. Who do the children live with, how does relocation impact well-being and what financial measures should be adopted to care for dependents are just a sample of the multifaceted questions that need solutions.

Perhaps the most challenging matters to reconcile are those of child support. To a large extent child support guidelines furnish a certain amount of answers based on custody and financial resources; however, determining how much and in what manner to pay support is unique to each relationship. Some of the aspects to consider when developing a child support formula are the cost of living, medical, educational and everyday expenses of the child. Making provisions for basic needs is essential but making allowances for those things that speak to the quality of life and maintaining a standard that the child has become accustomed are vital.  

Child custody can heighten the stakes when dissolving a marriage

The desolation of a marriage is an emotionally charged time for both you and your spouse and divorce becomes more complex when there are children involved. Addressing financial matters of property division, spousal support, and so on is paramount; however, next to the emotional question of who will maintain custody of your child, these factors may seem much less critical. Often, those impacted most by divorce are the children involved. Settling issues of intangible value like child custody, support and visitation rights can be taxing on both parties. While there may be contention as to the correct course of action, it is typically best for the minors that a certain amount of civility and objectivity be exercised to reach an outcome that is in your children’s best interest.

Of all the concerns arising from divorce, the most sensitive issue of child custody will usually be the biggest anxiety for the parents. Making decisions about financial arrangements, which parent each child will live with and what does parental visitation look like are all serious concerns. Learning about your rights and what options are available can help you and your family get past questions about sole, shared or joint custody as well as more complicated matters like relocation or changing schools. 

Why Failure To Pay Child Support Can Land You in Prison

Child support ranks among the most contested issues as far as divorce is concerned. This is basically the monthly payment that is given to the custodial party when a married couple divorces. More often than less, issues pertaining to child support are contested since it is usually hard for the divorcing parties to reach an amicable financial settlement. If caught up in such a situation, it is imperative that you hire a child support lawyer who will make the entire process less intricate.

 

How to help the kids cope with your divorce

While it is the couple that gets divorced, when children are involved, the whole family suffers from the effects. Learn how you can minimize the damage to the kids when divorce divides a family.

Whenever it is possible, both parents should break the news of the divorce to their children together. Sometimes, however, it won't work out that way. Regardless, make sure that you remain calm and don't assign blame or delve into sordid details. Acknowledge your own feelings of sadness so the kids understand that it's okay to feel that way as well.

Plan now for smooth summer vacations with the kids

The end of April is fast approaching, which means that it's not too early to start addressing summer vacation plans involving the kids with your ex.

By planning early and involving your child's other parent at this early juncture, you can avoid some of the strife that can mar even the best vacations.

California asset division law: What is quasi-community property?

If you're going through a divorce, you're probably confused by what will be considered separate property and what will be considered community property. However, just when you think you've got it all figured out, you're met with the term "quasi-community property." Yes, quasi-community property is real, and the term might apply to some of the property at stake in your asset division proceedings.

To understand what quasi-community property is, let's begin with a review of what community property is. Community property is everything -- aside from personal gifts and some inheritances -- that you and your soon-to-be ex have purchased, received or earned following the day you said, "I do." It also includes debts acquired by your or your spouse during this time. You'll split all community property 50-50 during your divorce.

Factors considered in a child support disputes

Spouses embroiled in a child support dispute tend to have strong opinions about how much child support ought to be paid. Usually, the paying spouse feels it's fair to pay less, and the receiving spouse feels it's fair to receive more. At Rosen & Rosen, we have represented spouses on both sides of these disputes -- and we're intimately familiar with the complex legal and personal perspectives that go into such matters.

One of the first steps we take when a new child support client comes to us is to analyze the same facts and evidence that an Orange County family court will review when making its decision. This information includes:

Certain behaviors could be precursors to divorce

The words "marriage" and "easy" are rarely associated with each other. The fact is, sustaining a marriage is one of the most difficult things two people can do in the best of circumstances. But if one of the partners has stopped trying to make things work, the chances of a marriage remaining healthy are reduced to nearly zero.

 

How a postnuptial agreement can help in counseling

One of the most common trip-ups that marriages struggle with and that ultimately can be the final straw is the topic of finances. While a marriage is built on love, more often than not, it's money that tears it apart. If you didn't have a prenuptial agreement in place prior to marriage, then you may have the ideal opening to come in with a postnuptial agreement.

A postnuptial agreement lays out how assets are divided should the couple split. It also has a cathartic way of nailing down specifics on the stressors that are hindering the relationship the most. While counseling can determine where the issues are, the postnup can take the issues completely apart, making the threat of financial ruin less of a formidable opponent and breaking it down into small pieces that are conquerable. Plans can develop, and teamwork can thrive.

Why Child Custody Should be in the Best Interest of Children

Child custody is a highly sensitive issue, which evokes varied emotions whenever it is raised. This issue often comes up when parents are undergoing a divorce or separation. By contesting your children's custody with your spouse, you are possibly acting in their best interests.

 

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