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April 2014 Archives

Child support modification possible when circumstances change

Many fathers in California have to work multiple jobs in order to be able to pay their court-ordered child support, and may not be aware that they could have options if their financial circumstances change. When the amount of child support to be paid is initially determined, the income of both parents and the time the noncustodial parent will spend with the child are considered. Other needs that each child may have are also considered, like education or daycare, along with special needs and health insurance. What some parents may not realize is that they could have the option to seek a court-approved modification of their child support payments if their circumstances change.

The sensibility of a pre- or postnuptial agreement for couples

California residents have probably noticed that the ages of couples getting married have been rising in recent years. It is therefore more likely that each party has accumulated some degree of assets by the time they get married. While it always seems to be a sensitive subject, prenuptial agreements have no bearing on the longevity of a marriage and can help ensure that each spouse is protected should a marriage end. Similarly, a postnuptial agreement is another option to protect one's assets.

Researchers feel that courts are biased in same-sex divorce cases

Marriage laws have changed significantly during the past decade. with several states accepting same-sex marriages. There are those who feel that much more needs to be done in relation to same-sex divorce and child custody. California readers of this blog may be interested in research done by a professor and some of his colleagues at a university in another state. They have recently reviewed research that is currently available relating to this subject, along with current laws. It is felt that the courts are biased when they make decisions about gay parents and child custody matters.

Child custody and support considerations in California

Each divorce is as unique as the couple that files or the family that is affected by it. When a spouse sits down with a divorce attorney for the first time, there are no doubt going to be a lot of questions, especially if children are involved. The parent will likely have a lot of questions surrounding child custody and support.

Prenuptial agreement essential when business partners divorce

Most couples in California may be apprehensive about discussing a prenuptial agreement. It is naturally difficult to consider or discuss a potential divorce while in love and excited about an upcoming wedding, starting a family and all the positive bits about a marriage. Unfortunately, the reality is that many couples get divorced annually, and it is important to prepare for such an eventuality.

Same-sex divorce obstacles in California

While same-sex marriages are treated exactly the same as heterosexual marriages in California, the same is not quite true for same-sex divorce cases. Heterosexual marriage and divorce laws have developed over many years and intend the best outcome for both spouses and children. The same cannot be said for same-sex divorce, as the language in traditional divorce laws often don't include same-sex divorces.

Take control of personal finances when considering divorce

Despite how amicable a divorce is, it will always remain difficult in many ways. Each spouse has to take control of their own financial future. The pain may only be prolonged if one lives in denial without accepting reality. The moment when a California couple begins seriously considering divorce, both parties may want to set the wheels in motion to establish separate financial arrangements.

Man fighting mother of same-sex marriage partner in court

Although same-sex marriages are legal and acknowledged in California, same-sex couples may want to be reminded of potential obstacles if they decide to relocate to a state where their marriage is not recognized. The protection of marital assets may prove difficult in such a state. In a current legal battle in another state where a same-sex marriage is not recognized, a spouse of such a union is challenging the mother of his deceased partner in matters relating to the deceased's estate. The couple got married in a state where such marriages are legal, but relocated, and that seems to have complicated the spouse receiving the assets to which he would have otherwise been legally entitled.

Religion and culture play roles in marriage and divorce too

A couple must obtain a marriage license from the state of California in order to be considered married under the eyes of the law. Whether a marriage is considered legal under state law affects matters such as retirement or Social Security benefits. The same is true for divorce, and whether it has been finalized by the state can matter in regards to property that is considered marital property. 

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

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