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Posts tagged "Family Law"

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.

Ways of dividing student loan debt in a divorce

Since California is a community property state, student loan debt may be considered a shared obligation in a divorce. This means that even if only one person went to school using the loan, both might be responsible for paying it back. However, this is only the case for loans incurred during the marriage. If both people had student loans before they were married, then most likely, each person's student loan debt will be considered their own in the divorce.

The pros and cons of stepparent adoption

California stepparents who are considering adopting their stepchildren should consider the pros and cons. There may be a number of reasons to do so. Ensuring that the child can inherit from the stepparent, giving the child equal status in the household and demonstrating a commitment to the child are all good reasons. Furthermore, if there is no legal adoption and the biological parent that a person is married to dies, then the stepparent may lose all access to the child.

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