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November 2015 Archives

The surprising benefits of child support

It should come as no surprise to many that child support is the main source of income to many American families as well as the main source of support to millions of children nationwide. Even though child support is very often one of the most heated debates in family court, the benefit it offers to children and families is undeniable.

What is partial settlement agreement?

As difficult as divorce may be, there are usually certain aspects of the settlement process that are easier to negotiate than others. Custody is sometimes one of those things that is too sensitive of a subject to resolve outside of court. Likewise, the division of marital property is another issue that rarely is 100 percent agreed on. When divorcing couples have negotiated their way through a few of the hoops of divorce but fail to meet in the middle on other issues, a partial settlement has been reached.

Watch what you put online during a custody battle

In today's world, it's no longer just teens that are social media butterflies. The new age of millennial parents has every late 20's and early 30's mom and dad, toting iPhones, Apple watches and tablets around, designed to pick up and stream every event in their families lives. During a divorce, when there are times either parent is left to entertain themselves, it may be easy to fill that space with even more social media. Whether divorcing parents post pictures of themselves having a great time with friends, or out on dates, their motive for doing so and the eventual outcome may be very different.

Arm yourself with the protection of a prenup

For many couples, discussing a prenuptial agreement can be a difficult topic to breach. Sometimes people agree a prenuptial is for the best and other times considering one is offensive. Regardless of where you sit on the fence, one thing is certain; no matter what you came with, a prenuptial agreement can protect it.

Avoid proposing before divorce is final

There are a lot of different reasons why people get divorced. Not surprising, some individuals simply feel that they have married the wrong person. This revelation, however, usually doesn't come on its own. Rather, it is the feeling that comes after a married individual meets someone they consider to be the right person. When this happens, divorce usually follows. And while the excitement and anticipation of beginning a new life with a soul mate may be almost unbearable, people should try to avoid getting engaged before the ink has dried on their divorce.

What invalidates a prenuptial agreement?

Prenuptial agreements are much more common now than ever before. For many people, especially those finding love later in life, they are an effective way to protect a life's worth of assets and property. The key to an effective and appropriate premarital agreement is to create one with the help of a knowledgeable attorney. There are several things that, if overlooked, can invalidate a prenuptial agreement, opening individuals up to financial damage in the event of a divorce.

If child support is being misused

For many child support paying parents out there, writing that check or seeing that deduction on your pay stub can be a bitter pill to swallow. It is not uncommon for the paying parent to scrutinize how their payments are being spent. While you can't demand proof showing that your child support payments are going directly to your child, there are things that you can do if you believed the child support is being misused.

What is predictive neglect and can it cost a parent custody?

It is not uncommon for divorcing parents to argue over custody or bring each other's lifestyle and mental health into question. Many times a family court will evaluate the facts of each complaint or accusation and make an educated decision based on the information provided. If one parent suffers from a debilitating mental illness, it is likely that the court will award custody to the other parent. In cases where there is only one parent, a family court may still take custody away for a mental illness. This consideration is known as predictive neglect and can cost individuals suffering from a mental illness their parental rights.

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Our office is conveniently located off Highway 50, just three miles from the Sacramento County Family Courthouse and minutes from Downtown Sacramento. For your convenience, we accept all major credit cards.

Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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