Archive for the ‘Child Support’ Category
Wednesday, November 18th, 2009
Divorce at the click of a mouse – it may be coming soon to Brazil, according to an AP article published in the San Diego Union Tribune. Brazil’s Senate recently approved legislation allowing online divorces under certain circumstances, and the bill awaits a vote from the House of Representatives. If the bill becomes law, not everyone would be eligible for quick internet divorces, since it’s meant for those with less complicated and consensual divorces. The idea has not come to California yet, but if it did, how well would it work?
As part of Brazil’s online divorce, you’d be able to divide assets. While this seems like it should be simple enough, many of the most difficult issues in a divorce come up when figuring out who gets what. For example, under California law, do you know what happens if one spouse started a business before getting married (making it separate property), and continued working in the business during the marriage? (more…)
Posted in Alimony / Spousal Support, Asset Protection, Child Support, Collaborative Law & Mediation, Community Property, Current Events, Custody & Visitation, Divorce, Property: Value & Division
Wednesday, November 18th, 2009
If a California family court order is disobeyed, there are many different ways to compel compliance, but can a person be jailed if, for example, child support isn’t paid? Through the court’s “contempt power,” many family court orders that have been violated can potentially be punished with jail time. On the other hand, the U.S. and California constitutions protect people from being put in jail just for having unpaid debts. In the case of spousal support (alimony) or child support, even though money is owed, the payments are not seen as “debts” because they arise from legal obligations created when you have children or get married, which is why jail can be imposed for willfully violating the court order. (more…)
Posted in Alimony / Spousal Support, Child Support, Divorce, Property: Value & Division
Tuesday, September 29th, 2009
Every divorce in California poses its own difficulties, but when children are involved, many parents struggle with how to help their kids deal with the family changes and feel secure. A common mistake is to overlook the importance of sitting down with your children to really discuss the divorce, making sure your children know they can ask anything and be open about their reactions. Psychotherapist Dr. Matthew Capezzuto sets out “Five Steps for Helping Children Cope with Divorce” in his RoadmapstoSuccess.com article, also explaining what a child goes through when parents break up. (more…)
Posted in Child Support, Collaborative Law & Mediation, Custody & Visitation, Divorce
Tuesday, September 29th, 2009
Just recently, an AP article published in the San Diego Union Tribune reports that for a middle-income family, a child born in 2008 will cost (in current dollars) about $221,000 to raise through age 17. When adjusted for inflation, this figure jumps to an estimated $292,000, as forecast by the U.S. Department of Agriculture’s Center for Nutrition Policy and Promotion. Their annual report helps state governments and courts determine child support guidelines.
Even without reading the report, you know that raising children is expensive and always a challenge, but for divorced parents, child support can create additional concerns. For example, what happens when a parent’s income grows, or if a parent loses a job? (more…)
Posted in Alimony / Spousal Support, Child Support, Custody & Visitation, Divorce
Friday, August 7th, 2009
You’ve probably heard the term “legal separation” often, and you may be unsure of what it really means under California law. As reported by People, Sean Penn filed for divorce from his wife Robin Wright Penn in 2007, dismissed the divorce a few months later, and later filed for legal separation in April 2009, only to dismiss this petition the following month. While this is described as the second time that Penn calls off his divorce, legal separation is not divorce, because a legal separation doesn’t legally end a marriage. So what does it do? (more…)
Posted in Alimony / Spousal Support, Child Support, Community Property, Custody & Visitation, Divorce, Legal Separation, Marriage
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