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Posts tagged "Family Law"

Staying on top of financial issues in a divorce

When people in California get a divorce, there are several financial steps they should take to protect themselves. Spouses who have not been involved in the financial side of the marriage should make sure they are able to gather enough information to understand their finances and what assets are owned.

Can child support be modified if a parent moves of out state?

For some California residents, life after a split can mean big changes that might include a move out of state. However, when children and child support are involved, there can be unique complications as the new places to which people move might have different rules regarding support. Therefore, parents might need to modify the support order. The Uniform Interstate Family Support Act, or UIFSA, helps families in these situations resolve their child support conflicts in a fair manner. To do this, courts have to combine several child support orders into one that can be enforced.

Child support varies case to case, state to state

The specifics of child support arrangements in California vary widely based on the facts of the case, and the amounts of payments also differ from state to state. A typical payment in California, according to a study by Custody X Change, ranges between $530 and $730 per month. The study showed that parents who move relatively short distances into different states might see their support payments cut or increased significantly.

Setting the record straight on non-custodial parent myths

A non-custodial California parent is someone who does not have physical custody of their children. Under some circumstances, however, a non-custodial parent still has legal custody. Unfortunately, the image associated with a divorced parent who is not living with their children is sometimes clouded by lingering myths about this type of relationship.

Gender-neutral spousal support laws surprise female breadwinners

When there's an income disparity among a married California couple, a divorce could lead to an alimony settlement. Although spousal support originally arose during a time when wives lacked the financial means to support themselves, modern laws look at spousal income instead of spousal gender. In 1979, the Supreme Court of the United States ruled that family law would view alimony decisions in a gender-neutral light. The result has been that ex-wives now sometimes pay ex-husbands alimony. Given the historical context, women often do not expect this financial burden when ending a marriage.

Misunderstandings can influence child custody decisions

Family law judges in California and around the country base their child custody decisions on what they consider to be in the best interests of the child involved, but the evidence suggests that they may not be relying on the latest scientific research and data. Shared custody arrangements are still seen as the exception rather than the norm despite clear evidence showing that children fare better when they spend time with both of their parents, and some experts say that this is because judges base their decisions on assumptions that are not supported by the data.

When a custodial parent is incarcerated

When California parents who have primary custody of their child become incarcerated, it can be difficult to make decisions about what will happen to the child. In most cases, the court will become involved and will be making decisions that are in the best interests of the child.

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