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June 2014 Archives

Property division should best be kept an unemotional process

Most California residents find it extremely difficult to avoid making emotional decisions during a divorce. However, considering the fact that one’s financial future depends on decisions made during property division negotiations may underscore the importance of unemotional decisions. Unwise decisions made during this process may result in costly mistakes that can start an individual’s new life on a negative footing.

Child support modification filings need proper motivation

It is not uncommon for the financial circumstances of California parents to change. When the family court decides on the amount of child support a parent has to pay his spouse in order to care for their children, the income of both parents is taken into consideration. As time goes by, the needs of the children may change, and the custodial parent may need more money to provide in the increased needs. On the other hand, a noncustodial parent may become unemployed and without the means to pay the obligated child support.

Assistance available for parents struggling to pay child support

Statistics show that children who have one absent parent are more likely to fall victim to substance abuse, teen pregnancy and many other delinquencies. Many non-custodial parents in California want to be part of their children's lives and provide for them by paying child support. However, some parents have to face many stumbling blocks, such as loss of employment or illness. Fortunately, there are several support groups to assist struggling parents who are unable to pay their obligated child support.

Keeping the home when considering divorce may require refinancing

When California couples have to divide their assets during a divorce, the procedure can prove to be traumatic. More often than not, the wife wants to keep the family home. However, this is a decision to be made carefully when considering divorce, as the expenses of maintaining a home on a single income may prove problematic. In cases where a mortgage was initially approved by using the income of both spouses, the one who wants to keep the home will have to obtain a new home loan. If not, the other spouse will remain responsible if the one who keeps the house defaults on payment.

Same-sex divorce includes financial benefits of other divorce

When the Supreme Court struck down sections of the federal Defense of Marriage Act last June, the ability of states to outlaw same-sex marriages was not altered. Although some positive changes have taken place, same-sex couples considering marriage or divorce continue to face many stumbling blocks relating to their financial and legal situations because of conflicting state laws. However, contrary to the past when the interests of the parties in a same-sex divorce were not protected as in heterosexual divorces, the changes made in June last year have leveled the playing field in California and other states where same-sex marriages are recognized.

Child custody concerns lead to children placed in county's care

A case in another county that demonstrates that the best interests of children would be protected by courts wherever possible may be of interest to California residents. Two young children were recently placed in the temporary care of the county after a child custody hearing. However, the 2-year-old and 7-year-old children were in another state at the time while on vacation with their paternal grandparents. The court ordered their immediate return.

Couples may want to be well informed when considering divorce

California residents may be interested to learn about a man in another state whose fight for what he believes to be rightfully his continues after his wive’s death. After 13 years of marriage, the couple began considering divorce and started the process in 2012. After active service in Afghanistan and Iraq, the wife suffered from post traumatic stress. With the divorce still pending, she committed suicide in April 2013, bringing about a dispute over property division.

Postnuptial agreement divorce protection for stay-at-home parents

When couples in California start a family, they often decide that it might be in the best interest of the children if one of the parents puts their career on hold in order to stay at home and care for their children. With statistics showing that about half of all American marriages end in divorce, the stay-at-home parent may be at a disadvantage. Re-entering the employment market after some years at home may prove to be difficult.

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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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