The post The Different Types of Child Custody Arrangements in California first appeared on Law Offices of David M. Lederman.
]]>When a couple with children ends their relationship, they will have to deal with child custody.
There are two main types of child custody arrangements. Legal custody refers to who makes important decisions for your children. These decisions may include school, childcare, religion, medical care, and psychological needs (such as therapy, travel, sports, and other extracurricular activities. The other type of custody is physical custody, which refers to which parent your children live with most of the time.
Between these two types of custody are various subcategories of custody:
It is possible for a parent to have different types of custody. For example, one parent may have sole custody, but both parents may have legal custody.
Joint custody is considered to be the best arrangement for children. In most cases, it is best for children to spend time with both parents. Sole custody is not common. It is typically only awarded when one parent is unfit. Some parents will fight for sole custody, but this is not always a good idea. You should only consider it if it is dangerous for your child to be around the other parent. It should not be done out of spite or revenge.
You may hear other terms in the context of child custody. One of them is primary custody. Primary custody means that one parent has the vast majority of parenting time while the other parent gets some visitation time. The noncustodial parent is said to have partial custody.
Split custody is another type of child custody, but it is rare. This may be done when there are multiple children. Each parent has primary custody of at least one child. For example, the mother may have two children while the father has one. This means the children get split up, which is not always fair. The courts will generally aim for joint custody when at all possible.
A 50/50 parenting schedule is more likely to be successful when the parents live close to each other and can communicate well. If you and the other parent have joint custody of the children, there are many ways to divide up the parenting time so that it is equal. Here are some examples:
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]]>The post Common Issues in California Child Support Cases first appeared on Law Offices of David M. Lederman.
]]>However, this does not always happen. Even though the children rely on this financial support to pay for their needs, their custodial parent does not always receive it. In fact, non-payment is common. According to the Department of Child Support Services, Californians owe close to $12 billion in child support. That is a lot of money that children are not getting. Due to this non-payment, children and their parents are struggling. Some parents have to work multiple jobs in order to pay for necessities. Many drown in debt. Children often go without.
Arrears is a legal term that refers to debt. Child support arrears means that a parent is ordered by the court to pay child support, and they do not pay it in full. They may only pay a part of it or none at all.
Most child support payments are due on the first of every month. The payor has 30 days to pay the child support, or it is considered late and put in arrears. With few exceptions, a parent is obligated to pay child support until their child reaches the age of 18.
Child support is an obligation that is taken seriously. This debt cannot be eliminated, even in bankruptcy.
California has a Debt Reduction Program in place. This program provides eligible parents with past-due child support payments the opportunity to reduce the amount they owe to the government. If you qualify, you will be able to offer a compromise repayment to the state. This means you may offer to reduce the debt by paying an amount that is less than the full amount you owe.
A debt reduction agreement must take into consideration the needs of the children and the parent’s ability to pay. Any reduction in your arrears and interest owed will be based on your income and assets.
Any payments of child support are not considered income to the recipient, nor are they tax-deductible to the payor of child support. So, when it is tax time and you calculate your gross income to see if you are required to file a tax return, do not include child support payments.
However, in order to receive this tax-free treatment, you need to be specific about the payments. It is extremely important that your court orders specify that the payments are designated as “child support.” Without this designation, it is possible that the payments may not be considered child support for tax purposes.
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]]>The post Property Division in California: Community Property vs. Separate Property first appeared on Law Offices of David M. Lederman.
]]>Property refers to anything that has value. Property includes tangible items such as money, house, car, or furniture. You can also split intangible items such as stocks, investment accounts, and cryptocurrency.
You and your spouse can agree to a split on your own. However, a judge will need to approve any agreement that you make outside of court. If you and your spouse are at odds over property division in California, you can opt for mediation.
Mediation allows you and your spouse to work together to negotiate an agreement with help from a neutral third party called a mediator. While a mediator cannot make a decision for you or even give you legal advice, they can answer questions and help move things along so you can come to an agreement quickly. Mediation is cheaper and less time-consuming than litigation.
However, many divorces are not resolved through mediation. Some divorcing couples do not communicate well and refuse to negotiate. They may seek revenge on their spouse and try to get as many assets as possible.
Marital property refers to assets and debts acquired during a marriage. Even if you title a vehicle solely in your name, for example, it still legally belongs to both you and your spouse under California’s community property laws. Marital property is subject to split in a divorce.
Marital property typically includes assets such as homes, cars, bank accounts, retirement accounts, and other possessions such as furniture and artwork. Retirement accounts can be both marital and separate property, depending on when the account was started. If the husband starts a 401k five years before marriage, for example, the amount earned during that time will be separate property. The amount earned during the marriage is subject to split in a divorce.
Debts incurred by either spouse during the marriage are considered marital debts. California follows community property laws, which means assets and debts are typically divided equally.
Separate property is anything acquired before the marriage. If you have a laptop that you bought before you got married, it is yours and yours alone. You do not have to split it with your spouse in a divorce. The same goes for any debts you had before your marriage, such as student loan debt. Your spouse is not on the hook for paying off your loan.
Once you get married, assets are joint. There are two exceptions to this: gifts and inheritances. If your wife receives a $1 million inheritance after her father dies, that is hers and hers alone. The only way it would become marital property is if it becomes commingled. This means combining the money with marital property. For example, putting an inheritance in a joint bank account could cause it to become marital property.
Gifts are also separate property. If someone gives you or buys you something, it is yours and not subject to split in a divorce.
Many couples own dogs, cats, birds, and other pets. You may wonder: what happens to them in a divorce? Pets are not considered children, and therefore, custody does not apply. In California, pets are considered property.
So are pets marital or separate property? It depends. Did you own the pet before marriage? If so, then it is yours, and your spouse cannot take it. Was it given to you as a gift by your spouse? Then it is yours.
If the pet was acquired during the marriage, then it is marital property. Courts will consider the best interests of the pet, which takes into consideration factors such as who was the primary caregiver. Who has the financial ability to pay for the pet’s care? What is each person’s living situation? Also, who has the most emotional attachment to the pet?
Divorce means splitting assets. It’s important to determine the value of your assets as well as figure out which ones are marital assets and, therefore, subject to division.
The Law Offices of David M. Lederman has extensive experience in all aspects of property division in California. We can help you obtain a property settlement that protects your interests. We are happy to discuss divorce-related issues in California. Schedule a consultation today by calling (925) 522-8889 or filling out the online form.
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]]>The post The Impact of Prenuptial Agreements on the Division of Assets in a Divorce first appeared on Law Offices of David M. Lederman.
]]>However, it does not necessarily have to be this way. Many people, particularly those with a significant amount of assets, use prenuptial agreements to guide them through the asset division process in the event of a divorce. Prenuptial agreements are drafted before marriage and are a couple’s opportunity to decide what will happen should a marriage end rather than relying on state law.
In the past, prenuptial agreements were seen as cold and controlling. How can someone plan for divorce before they are even married?
It’s called being smart with your money. Many celebrities and other wealthy people have lost tens of millions of dollars in divorces by not having a prenuptial agreement in place.
However, prenuptial agreements are not just for the wealthy. Even if you’re not a millionaire, you could benefit from having this document in place. Prenups can do the following:
While prenuptial agreements cannot enforce anything related to children (such as child support and custody matters), they can be used to manage who pays various bills, expenses, and debts. They can be used to determine who pays off the student loan and other educational expenses. Prenuptial agreements can also be used to determine whether or not alimony will be allowed in a divorce, and if so, how much.
Most commonly, though, prenups are used to enforce property division. In community property states like California, assets acquired after marriage are owned by each spouse equally, regardless of title. Assets acquired before the marriage, on the other hand, are usually characterized as separate property. Assets considered marital property are typically subject to division in a divorce, while assets considered separate property are generally not subject to division.
A prenuptial agreement is useful because it can change the rules of state law with respect to the division of property. The agreement can do the following:
You can use a prenup to divide property how you see fit, as long as you and your partner are both on the same page. However, the prenuptial agreement needs to be fair to some degree. For example, you cannot have a prenup that states that one person gets 100% of the assets while the other gets nothing. A prenup cannot leave someone homeless or destitute. The goal of most divorce settlements is to ensure nobody has to use government benefits. That is why alimony is often a factor.
It is possible for a prenup to be thrown out of court. The following can make this document more likely to be enforced in court.
Prenuptial agreements are often seen as cold and unromantic, but marriage is like a business transaction. In the event of a divorce, things can go sour quickly. Without a prenuptial agreement in place, conflicts are sure to arise over property division.
Divorce is complex. The Law Offices of David M. Lederman is here to help. We understand the law and the complexities inherent in the process. We are happy to discuss divorce-related issues in California. To schedule a consultation, give us a call at (925) 522-8889 or fill out the online form.
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]]>The post How Child Custody is Determined in California Courts first appeared on Law Offices of David M. Lederman.
]]>If you are seeking child custody and child support in California, talk with an experienced Divorce lawyer to get your questions answered today.
What do courts consider when determining child custody in California? Firstly, the court considers what is in your child’s best interests. The court takes into account your child’s age, health, and emotional ties. The court considers ties to the school and community.
Additionally, courts evaluate if there has been any history of neglect or family abuse.
Child custody refers to the rights and responsibilities of the parents in taking care of the children. The basic concept refers to two types of custody: legal and physical.
Legal custody refers to who makes important decisions for your children. This can include health care, education, religious activities, and welfare. Physical custody refers to who your children live with the majority of the time.
In California, legal and physical custody can be shared, also called ‘joint-custody’ or it may be the sole custody, when only one parent has this right and responsibility.
Important custody decisions may include some things that you have not considered before. These can include school, childcare, and religious activities. It may include mental health, therapy, psychiatric or psychological counseling. Important decisions can also be medical care such as doctor, dentist, or orthodontist.
Further, important decisions can be about extracurricular activities such as sports, summer camp, vacations, and travel.
Parenting plans include specific details regarding child custody and parenting time. Parenting time is often called ‘visitation.’
The plan describes how to care for your children, where they will live, and when they will see each parent.
It is important to note that until you have a court order, both parents have the same rights. No parent is given more rights to have the children under their care. The parenting plan is an agreement that defines what is in the best interest of your children.
A key factor in California Child Custody procedure is what is known as a parenting plan. This is a plan that describes the agreed-upon details of custody. The plan must be in your child’s best interests or the court will not accept the plan.
Parents will need to determine and agree on a schedule for custody and visitation. The agreement should aim to ease their child’s transition during the divorce and be best for the child after the divorce.
If parents are unable to agree on a parenting plan, a court intervention is required. A family law case is opened, and a custody order must be requested and maintained.
If you or the other parent cannot agree, you will have to ask a judge to decide what is best for the child.
In California, the Court considers several factors including the age and health of the child; emotional ties between the parents and the child, and the child’s ties to their home, school, and community.
Further, the judge evaluates the ability of each parent to care for the child. If there has been any history of family violence or any regular or ongoing substance abuse, this will be considered. Special laws apply if you or your child have been abused by the other parent.
As challenging as it may seem to make custody decisions, there is another issue at play. Laws in any state are subject to change at any time. This can be due to new rulings from a higher court, or enactment of new statutes.
If you are researching child custody in California, you may want to contact a California Divorce lawyer to verify that the information you find is up to date.
If you and your ex-spouse are considering divorce, need help with a parenting plan, or do not agree on child custody, the Law Offices of David M. Lederman is here to help. We are here to guide you through the difficult divorce process.
If you have any questions about child custody in Antioch, Moraga, and across Contra Costa, Alameda, and Solano Counties, please get in touch. We are happy to talk with you. Call 925-522-8889 or send an email to set up a consultation. We are happy to discuss child custody, support, or other divorce-related issues in California.
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]]>The post Understanding Child Support Enforcement in California first appeared on Law Offices of David M. Lederman.
]]>If you are seeking child custody and child support enforcement in California, talk with an experienced Divorce lawyer to get your questions answered today.
There can be serious consequences if child support is not paid. If a parent can pay but has purposely not paid, this is a serious offense. Child support payments are defined by law, and failure to not pay can result in being found in contempt of court.
In addition to legal consequences, failure to pay child support can negatively affect a person’s credit score. Further complications may ensue such as liens being placed on their property.
The circumstances for a person’s not paying may affect the outcomes. For example, if a parent’s circumstances have changed affecting their ability to pay, it is prudent to apply to modify a support order with the court.
Failure to pay child support without a modification is considered a failure to follow the court’s order. This can result in serious consequences such as criminal charges.
To enforce the court order, the person owed the money needs to take a copy of the support order to the appropriate authority. This is often a local child support agency.
There are specific steps to take that can be used to enforce the support order or collect owed child support.
Usually, filing criminal charges for contempt of court is a last resort option.
There are many resources in California to assist the receiving parent in locating the non-custodial parent and collecting the amount owed.
In California, the California Department of Child Support Services and the California Local Child Support Agency Offices have many resources to help parents.
Many child support offices are closed to the public or offer public assistance only during limited hours. The website above lists the current operating hours of each county or support agency.
California agencies have several resources to help locate the non-custodial parent. The agencies offer services to help get case information online, change a child support amount, make and receive payments, and release license and passport suspensions.
In the United States, all 50 states have adopted the Uniform Interstate Family Support Act. This law spells out the key concept that one parent cannot move out of state to avoid paying child support.
If a parent has moved out of the state where the child support order was entered, no other state can change the order if either the parent or the child for whom the support was intended to benefit still lives in that state.
For instance, if child support was entered in California, and the parent liable for support moved to Arizona, he or she needs to modify the order in California. Further, the liable parent is still liable for the amount of support ordered by the California court. It does not matter if the liable parent lives in California or somewhere else.
There are a range of penalties for not paying child support. These can include frozen bank accounts, suspension of driver’s licenses, and suspension of professional licenses. Credit scores may be affected, as the unpaid support is reported to credit bureaus.
Monies may be intercepted such as tax refunds, worker’s compensation awards, or disability payments. Passports will be denied until the balance comes current if the non-custodial parent owes more than $2,500 in child support.
Child support enforcement in California has serious penalties. Criminal sanctions and potential garnishment of wages may be included in the penalties.
If you are concerned about child support enforcement, the Law Offices of David M. Lederman is here to help. We are here to guide you through the difficult divorce process.
If you have any questions about child support enforcement in Antioch, Moraga, and across Contra Costa, Alameda, and Solano Counties, please get in touch. We are happy to talk with you. Call 925-522-8889 or send an email to set up a consultation to discuss child custody, child support enforcement, or other divorce-related issues in California.
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]]>The post How Spousal Support is Calculated in California: Factors and Guidelines first appeared on Law Offices of David M. Lederman.
]]>If you are seeking spousal support in California, talk with an experienced Divorce lawyer to get your questions answered today.
Marriages and domestic partnerships end, often without either spouse paying spousal support. However, long-term support is more common when the marriage is long, such as 10 years or more, and when one person earns significantly more than the other person.
A judge can make three types of spousal support orders: spousal support, reserve support, and termination.
First, a judge can order an amount of support that one spouse pays another. Second, the court can order reserve spousal support. This may be a current amount of zero, but in the future, the amount could be changed. Third, the judge can end spousal support, also called termination.
California Spousal Support Guidelines use a typical calculation, called the Santa Clara guideline to estimate temporary spousal support.
Temporary spousal support can be up to 40% of the payer’s net monthly income, reduced by one-half of the receiving spouse’s net monthly income. This guideline expires when the divorce decree is finalized. Permanent spousal support may be different
If child support is part of the equation, spousal support is calculated after child support is determined.
A basic assumption is that spousal support is intended to last a reasonable amount of time, the time for the spouse to become self-supporting. The longer you have been married, the longer it is assumed that this will take.
For marriages less than ten years, support will last half the length of the marriage. For marriages of more than ten years, there is no assumption about a reasonable length of time. For example, the person receiving the support may have given up career opportunities for a career to raise children.
Long-term or indefinite spousal support may last as long as is needed and as long as the other person can pay. Permanent spousal automatically ends when the person receiving it remarries or dies.
In California, a judge must use a set of factors, called Family Code 4320 factors. These factors inform the judge’s decision about your situation.
The judge must consider how long you were married, your age and health, your income, and your earning capacity. Earning capacity refers to what you are capable of earning, such as each person’s skills, education, and job market for these skills. The judge may also consider the amount of time and cost it may take to gain skills and education.
Further factors include your standard of living while married. This can cover the type of lifestyle as reflected by the type of house you lived in, the car you owned, the types and frequencies of vacations you took, and whether you used credit cards frequently.
The court considers how much property and debt each spouse has. In looking at support, the judge considers the need and ability to pay. This refers to how much money the person seeking support would need to maintain the same lifestyle during their marriage, and whether the person paying can pay that amount.
Additional considerations include whether one spouse helped the other with education, career, training, or getting a professional license. The impact of tax laws and if there is a history of abuse during the marriage is considered.
Children are a key factor in spousal support. A judge will evaluate how caring for the children impacted either of your careers.
The court also takes into consideration how working now will impact the children.
If you and your spouse agree before you go to court, you can write up the agreement. If you cannot agree on long-term support, generally a trial judge will decide.
If you are concerned about spousal support, the Law Offices of David M. Lederman is here to help. We are here to guide you through the difficult divorce process.
If you have any questions about spousal support in Antioch, Moraga, and across Contra Costa, Alameda, and Solano Counties, please get in touch. We are happy to talk with you. Call 925-522-8889 or send an email to set up a consultation. We are happy to discuss child custody, spousal support, or other divorce-related issues in California.
The post How Spousal Support is Calculated in California: Factors and Guidelines first appeared on Law Offices of David M. Lederman.
]]>The post Domestic Abuse and Restraining Orders first appeared on Law Offices of David M. Lederman.
]]>This presentation by the California Lawyers Association discusses what types of acts are considered domestic abuse in California and can serve as a basis for obtaining restraining orders.
The video also discusses:
• Emergency Protective Orders, Temporary Restraining Orders and Domestic Violence Restraining Orders;
• How to get help in preparing forms necessary to obtain a restraining order;
• The different types of orders available in a Domestic Violence Restraining Order request;
• The hearing and the applicant’s right to bring a support person;
• The consequences of a domestic violence restraining order when custody is an issue;
• How to extend a restraining order.
Full Video Transcript Below
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]]>The post The Role of Business Valuation in High-Asset Divorce Cases first appeared on Law Offices of David M. Lederman.
]]>If you are seeking business valuation in high-asset divorce in California, talk with an experienced Divorce lawyer to get your questions answered today.
California is a community property state. If there is no prenuptial agreement stating otherwise, the laws in California are called community property because shared property acquired during a marriage can be divided 50/50 between spouses.
In general, a business valuation helps determine the value of a business. The process is conducted by forensic accountants or business valuation experts. It considers historical data such as client purchases, income, and expenses as well as projected future revenues and expenses.
In divorce proceedings, many lawyers rely on expert professionals to provide qualified business valuations. The value is that this enables parties to stay focused on having a fair and amicable divorce.
You may have questions that a business valuation can answer. These often include: do both spouses share ownership in the business? Does one spouse want to buy the business? Do both spouses intend to continue running the business? How much is the ownership of the business worth?
While these questions are swirling around, it is very challenging to stay focused and level-headed. This is why qualified business valuation is so critical to keeping a clear head and increasing the likelihood of an amicable divorce.
There are several methods that a business valuation uses to determine a business’s value.
The income approach uses the income of a business to convert the anticipated value into a current dollar amount. The appraiser identifies the business’s worth based on the present value of the income it is expected to generate in the future.
The market approach compares comparable businesses to determine the sales price for similar businesses.
The asset approach evaluates the value of assets compared with liabilities. In determining the business valuation in high-asset divorces, these and other methods are used. As you can imagine, the conclusion of these methods may vary and be a subject of dispute.
According to CPAs, forensic accountants, and financial advisors, information about actual fair market value has an additional benefit. There is a possibility of an agreement on a fair and reasonable price. The likelihood of agreeing on a business valuation can open the way for an amicable and equitable divorce settlement.
Many factors impact the value of a shared business in a marriage. In many instances, one spouse may have been more involved in the running, management, and ownership of the business. The less involved spouse may not realize the details of customers, competition, and continued operation.
Leaving this up for grabs or guessing can create a roulette wheel of finger-pointing and disagreement. The alternative is hiring qualified professionals to determine the accurate value of a business.
Spouses during a divorce have several options. The first is to try to figure things out on their own. This do-it-yourself approach is risky. Either or both spouses may overvalue or undervalue the company. In addition, neither party may have training in forensic accounting or experience in business valuation.
The second option is to hire a joint forensic accountant. This may seem appealing to save money, however, this can also be difficult as the single viewpoint may result in more disagreement over value.
The third option is to hire two forensic accountants to present the valuation and clarify the data in support of the valuation. This can be the most direct path to making an informed and reasonable agreement on value.
If you are concerned about business valuation in high-asset divorce and how this may affect your divorce, the Law Offices of David M. Lederman is here to help. We are here to guide you through the difficult divorce process.
If you have any questions about business valuation in a high-asset divorce in Antioch, Moraga, and across Contra Costa, Alameda, and Solano Counties, please get in touch. We are happy to talk with you. Call 925-522-8889 or send an email to set up a consultation. We are happy to discuss business valuation in a high-asset divorce or other divorce-related issues in California.
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]]>The post Types of Domestic Violence Crimes in California: Physical, Emotional and Financial Abuse first appeared on Law Offices of David M. Lederman.
]]>If you’re seeking legal help for a California divorce involving domestic violence, talk with an experienced Divorce lawyer to get your questions answered today.
Domestic violence is abuse. The Federal Office on Violence Against Women defines domestic violence as a pattern of abusive behavior in any relationship used by one partner to gain or maintain control over another intimate partner.
It often refers to the types of crimes that can be committed in a personal relationship, such as between marital partners. Abuse crimes include crimes that are committed between people, behind closed doors. These include home-sharing relationships including marriage, as well as domestic partnerships.
California domestic violence laws describe criminal charges for offenses to harm or threaten to harm a spouse, cohabitant, co-parent, dating, or intimate partner. In some cases, the list of protected persons is parents, children, and relatives.
The two big categories of domestic violence include abuse that is psychological as well as physical. Actions can be intentional or reckless conduct causing or almost causing bodily injury. Actions can be threats of imminent serious bodily injury to the victim or another person.
States are known as fault and no-fault divorce states. California is a no-fault state, meaning that to divorce, you typically do not have to describe the conduct leading to the divorce. However, misconduct of domestic violence is considered relevant in divorce proceedings.
The statutes in California are broadly interpreted to include threats, intimidation, deprivation of necessities, isolation, and limiting access to financial resources.
The definition of domestic violence includes several forms of abuse.
California law allows victims of domestic violence to apply for a restraining order and emergency protective orders. Issuance of a protective order does not depend on a victim suffering physical harm. These recourses are available for a person who fears imminent harm or has suffered emotional abuse.
Family court judges have the authority to decide specific issues in favor of the abused spouse when there is evidence of domestic violence in a marriage. However, the abusive spouse can present evidence to their benefit. The outcomes of the court’s rulings may affect issues such as child custody, spousal support payments, and property division.
Judges consider any evidence of domestic violence when making a divorce ruling or evaluating issuing a restraining order.
If you are in immediate danger, call 911. Your immediate safety is the top priority. You may also want to call the National Domestic Violence Hotline. Advocates are available 24/7 to answer your questions.
If you are concerned about domestic violence crimes and how these may affect your divorce, the Law Offices of David M. Lederman is here to help. We are here to guide you through the difficult divorce process.
If you have any questions about domestic violence in a divorce proceeding in Antioch, Moraga, and across Contra Costa, Alameda, and Solano Counties, please get in touch. We are happy to talk with you. Call 925-522-8889 or send an email to set up a consultation. We are happy to discuss domestic violence, child custody, spousal support, property distribution, or other divorce-related issues in California.
The post Types of Domestic Violence Crimes in California: Physical, Emotional and Financial Abuse first appeared on Law Offices of David M. Lederman.
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