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February 2017 Archives

Top situations when a prenuptial agreement could be crucial

Popping the question about creating a prenuptial agreement might be a turn off for many couples in California. However, the legal practicalities of executing such a document could outweigh its unromantic nature. A prenuptial agreement forms a contract that guides the parties if the union dissolves because of divorce, separation, annulment or even death. The document explains how to handle the division of marital property, inherited assets, child support and spousal support.

Delinquent child support linked to less parenting time

A growing body of scientific research indicates that children in California and around the country are far better off when they are able to spend quality time with both of their parents. Co-parenting solutions are now favored by family law judges in most situations, and noncustodial parents are encouraged to play an active role in the day-to-day lives of their children. Raising a child is also a serious financial responsibility, and falling behind on child support payments can greatly impact the role of noncustodial parents according to a study published in February.

Determining ownership rights to frozen embryos

In a divorce that takes place in California, property generally stays with its owner. This is true even if that property happens to be a frozen embryo or multiple embryos connected with in vitro fertilization. However, a court must take other factors into account when deciding what is to happen to them. On one side, the law is loathe to force someone to become a parent against his or her will.

Incarcerated parents who owe child support may get modification

When California parents who pay child support are incarcerated, they have the opportunity to request a modification in support based on a change in circumstances. If the parent has little or no income and few or no existing assets to pay support, then the modification may be granted. However, not every state permitted parents to do this, and some considered incarceration to be "voluntary unemployment". On Jan. 19, Barack Obama signed a rule requiring all states to allow parents this option. So far, the rule has remained unchanged under the Trump administration.

Housing options in a divorce

California couples that are ending their marriage should be fully aware of their options when it comes to deciding what to do with the home they once shared. There are a few different courses of action that they can take, but they all involve some important considerations.

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