Under California law, parents are legally obligated to financially support their children. As such, in cases of shared custody, the courts will often set forth orders obligating one parent to pay child support to the other. Disputes often arise regarding each parent’s ability to pay, however, and in such instances,…
When handling custody matters, the primary consideration of the California courts is what is best for the child that is the subject of the dispute. This includes assessing whether either parent has committed acts of domestic violence, as the law presumes that awarding custody rights to a party who perpetrated…
In the state of California, without a prenuptial or postnuptial agreement dictating otherwise, any property or income obtained while a couple is married is deemed marital property. Thus, when a couple makes the decision to end their marriage, it becomes vital to pinpoint the date they separated since any earnings…
In many marriages, one couple will act as the sole income earner while the other primarily takes care of the household and children. When a single-income couple divorces, the spouse that does not work outside of the home often experiences financial hardships. As such, the courts will often order the…
When people divorce, it is not uncommon for one party to lack the financial means to provide for their basic needs and wants. As such, the court may order the other party to pay spousal support. In many cases, the courts do not intend spousal support to be a permanent…
In many marriages, one party will work outside of the home while the other takes care of the household and raises the children. If couples with unequal incomes divorce, the lesser-earning party will most likely be at a financial disadvantage, not only after the divorce is final but also while…
One of the most contested issues in divorces is whether child support and spousal support are warranted and how property should be divided. As such, parties in a divorce action have the right to disclosure of each other’s income, assets, and debts prior to the court making any determinations regarding…
When a couple divorces in California, their marital assets are subject to equal division. If the court finds that the distribution of property renders one spouse without adequate means for their support, they may award alimony as well. Additionally, California law permits the courts to grant temporary spousal support while…
Under California law, any property obtained during the course of a marriage is recognized as community property, which means that it belongs to both spouses equally and is subject to division in divorce proceedings. The presumption may be overturned, though, if a party can show that an asset was obtained…
Typically, when evaluating requests for spousal support or modifications of existing obligations, the courts will look at each party’s income and needs and the costs of maintaining the child’s standard of living. They are not limited to these factors, though, but may consider other relevant issues as well. For example,…