California Family Law Blog

San Jose Bankruptcy Attorney  explains how better financial education for couples could reduce the instances of divorce and bankruptcy.

A recent article published in Australia raised the question of whether better financial education could reduce the instances of bankruptcy and divorce.  It’s an interesting thought, since financial stress is one of the leading causes of divorce and separation.  Ironically the financial stress that is there when two people, often with two incomes, are living together doesn’t go away when they are trying to maintain separate households and pay spousal support and child support.

Some of the issues that lead to the financial issues that can strain marriage include lack of budgeting, poor spending habits, overuse of credit cards, along with unemployment, declining home values and wide fluctuations in the stock market battering the net worth of families.

Good financial skills can help prepare for many of these situations.  Learning to live within a budget, to not overuse credit and setting aside money in a rainy day fund for emergencies are all tools that can be learned wherever you are in a marriage.  Even bankruptcy doesn’t have to be the death knell of a marriage.  In many instances a Chapter 7 or Chapter 13 bankruptcy can give you the breathing room to get your feet underneath you as you reestablish your financial future.  Your bankruptcy attorney can explain what can and cannot be discharged in bankruptcy, and how it may benefit you in your situation. The financial counseling classes that are now required for bankruptcy filers are a good place to start to get rid of any bad financial habits that may have developed.  It’s never too late to break a bad habit and  get yourself on the way to wealth instead of the road to debt.

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Francisco Family Law Attorney comments on the rise in spousal support for men cases in family law courts.

With the recent prolonged recession tearing at many middle-class jobs, the family law courts are seeing a rise in men requesting spousal support from their wives, whose jobs may not be as severely affected by this recession.

For many men, they would have never entertained the thought of spousal support for themselves. For years, the spousal support system has favored women, who are often the lower-paid individual in a two-income household. The rise in the number of women entering the higher-paying fields has started to change this. Spousal support laws are gender-neutral, and women with high-paying jobs may be in for a surprise if they end up in divorce proceedings.

While many men would not seek or accept spousal support out of pride, there are a growing number of men who either cannot find work, or do not want to find work, and are opting to receive spousal support. The courts often view the “deadbeats” differently from those caught in severe economic circumstances, but there is no guarantee that a judge will not grant spousal support to a man who has grown accustomed to a certain lifestyle afforded by his wife’s employment.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

Sacramento Divorce Lawyer Discusses How Even Celebrities Gets the Blues

Even celebrities with very unusual behavior gets the blues. Jackass star wife of Johnny Knoxville filed for divorce two years ago. They were officially divorced in March, 2008 in a bifurcated proceeding, reserving all financial matters for resolution at a later date. Just last week, Knoxville (real name: Philip John Clapp) settled with his ex-wife Melanie Clapp, agreeing to pay $6,000 monthly in child support for their 13-year-old daughter, Madison.The former couple split in July 2006 after 11 years of marriage. According to reports, the financial statement appears to be a fairly even split of marital property. Melanie was awarded half of their bank accounts and half of Knoxville’s residuals from the Jackass franchise and Dukes of Hazzard film, pursuant to the terms of their agreement. Knoxville retained his share of several production companies. The parties will share joint custody of Madison, their daughter.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Attorney Discusses Divorce and Separation

Even though people are very emotionally taken under during a divorce, separation can also lead to a great deal of physical harm as well. It makes sense since when your psychology and emotions are affected, it will show in you physically as well. CTV news has an article regarding the effects of divorce on a person’s health. Researchers found that women in unhappy marriages are more likely to experience injurious effects to their health than men. Although both genders are likely to suffer from general depression resulting from a strained marriage, women more frequently suffer from signs of “metabolic syndrome”: including high blood pressure, obesity and other risk factors of heart disease, stroke and diabetes. In fact, men for the most part did not face an increased risk of metabolic syndrome at all. Involving 276 couples aged 40 to 70, the study entailed couples filling out several questionnaires, including three to examine positive aspects of marriage quality; three to measure negative aspects of marital quality involving arguments and feelings of hostility; and four to determine symptoms of mild depression.

It’s best to keep a cool head and realize that divorce happens to many people, but it’s all in the way you deal with it. The way you deal with things can mean health and happiness in looking forward to a new life, or stress that can hur you physically down the line.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Redwood City Divorce Attorney Discusses Social Networking and Divorce: Yays and Nays

Now that everyone and their dog (or their spouse) is on Facebook, MySpace and the various other social networking sites, individuals can easily keep track of friends, family and even ex-spouses. Its either the best thing to happen for divorcing families or the worst.

Couple of things to watch for on these sites if you are getting divorced:
1. Don’t brag about fancy new purchases, extravagant vacations or other indulgent luxuries. You don’t want your ex-spouse to find out about it and use it to claim you have more money than you say you do when it comes to child support or spousal support. Courts can and do use expenses as a guide in support calculations.
2. Delete all your crazy party girl or boy photos. This is especially true for people with children. First of all, your kids don’t need to know how much partying you are doing. Second, you don’t want that one fun time used to portray you as an alcoholic partier who cannot be trusted with the kids.
3. Don’t let your friends through you under the bus. Your ex may troll your friends pages for similarly disparaging photos.
4. Keep it calm: it’s ok to be stressed during a divorce, but keep the sh** talk to your self. Especially about the judge and your ex. You don’t want to show up in Family Law Court one day and have the opposing side hand the judge a copy of your Facebook wall wherein you describe the judge in negative terms. And if you have kids, definitely avoid the negative talk about the ex. Family courts are serious about the no disparagement clauses in custody agreements. That includes no disparagement on Facebook.

Everyone understands the value these sites provide. But as always, it’s a good idea to mind your ps and qs while using them, especially when you are under a microscope, which you frequently are in divorce or other family law action.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Lawyer Discusses West Wing Actor is Divorcing Malcolm in the Middle Wife
Bradley Whitford, known primarily for his role on The West Wing, is divorcing his wife of sixteen years, Jane Kaczmarek. The parties have three children together, and have professed to the media a desire for privacy so they can focus on their children.

The longtime couple lives in Los Angeles, and filed for dissolution in Los Angeles County. This means their dissolution will be controlled by California community property law. Possible issues include custody and visitation, support (child and spousal support) and property division.

Child support is likely going to be granted to the primary custodial parent, using California’s guideline support calculator. This calculator focuses on income and respective timeshare between the parents. Because the parties are both fairly high earners, the court may decide to deviate from guideline if that calculation results in an extraordinary amount of support.

Spousal support is less likely. Both parties are successful actors, with Ms. Kaczmarek currently starring in Raising the Bar, and Mr. Whitford engaging in theatrical and film pursuits of late.

There is no information as yet about the extent of the parties’ assets, or how they have been acquired. After a marriage of 16 years, it seems likely there will be substantial amounts of community property to divide up, unless the parties entered into a prenuptial agreement.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Sacramento Family Law Attorney Discusses Affect of Filing a Family Law Case on Travel with Children

Now that we are in the midst of summer and vacation plans are being made – visits to grandma’s house, trips to Disneyland, etc., many people who are in the early stages of a family law case should be aware of what their limitations may be and plan their vacations accordingly.
Often times when someone opens a family case – either a dissolution, custody and visitation or paternity case, they are usually unaware of what exactly the repercussions are of filing. In California, when a family law case is opened, a Summons is issued and a standard family law restraining order is issued. This is also referred to as the Automatic Temporary Restraining Order (ATRO). The Petitioner, party who filed the case, is automatically subject to the ATRO upon filing the case, and the Respondent is subject to the ATRO upon being personally served with the Summons.
The ATRO specifically prohibits both parties from “removing the minor child or children of the parties, if any, from the state without the prior written consent of the other party or an order of the court.” This means that if you are a party to a family law case, you should not be planning on traveling outside of California without first getting permission from the other party or first requesting permission from the Court. For example, if Mom filed for divorce and was planning on taking the children to Washington to visit grandma, she better first ask Dad if its okay, or request permission from the Court.
Parents who are further into the court process should also take further caution. Generally when a court makes orders regarding custody and visitation, they may also make orders preventing both parties from traveling outside that particular county without the permission from the other party or the Court. This practice is common in most counties.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Fremont Divorce Attorney Discusses an Exception to the Rule

People magazine reports that the Countess LuAnn de Lesseps divorce is now complete. The process was relatively expedient, given the high amount of assets and issues involved. The Count and Countess dissolved their union after 16 years of marriage and producing two children, Victoria, age 14 and Noel, age 12. Although the full details have not been disclosed, it appears that the Countess has received a very generous spousal and child support award, primary custody of the two minor children, and a $7.5 million estate in the Hamptons. She even gets to keep her title! This relatively simple resolution of their marital issues is certainly not the norm, especially in the current economic climate.

In California, couples that have decided to end their marriage are currently often faced with the consequences of short-selling or allowing their homes to go into foreclosure because neither spouse can afford to maintain the mortgage payment on one income. The inability to sell the family home for a profit creates a severe hardship for parents hoping to use equity from their home to start over. This often leads to increased demands for spousal and child support, which creates additional acrimony in an already difficult situation.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Attorney Discusses How the Recession Changes Face of Divorce in California

As the economic downturn continues to damage housing values, force job losses and cuts in services, one thing that has not changed is that couples are still divorcing, child support is still being sought, and property is still being divided. What has changed is how those divorces are proceeding, in terms of financial awards and assets.

One of the largest assets in any divorce is typically the house. That asset used to have, particularly in California, equity which could be used to either buy the other party out or sold and divided equally between the parties. Frequently, we are now seeing that the houses not only have no equity, but that the parties owe substantially more than the house is worth, and often, the parties are behind on payments, or will be when the two-income household is no longer in existence. This poses a dilemma for family courts, parties and attorneys – how do we get divide a negative asset? Every couple has to decide for themselves, but options include a short sale, returning the property to the bank, or allowing the party who can make the mortgage to assume responsibility for the property.
Other issues being affected by the recession include child and spousal support. As one or both party loses their jobs, the need for support increases, but often the income that maintained the standard of living during marriage is no longer available to the parties. This lack of income can force families to make hard decisions about where to live, where to send children to school, and how to get buy on substantially less income.
The recession has also pummeled many people’s retirements, leaving many spouses wondering what happened to the financial nest egg. Fortunately, many 401(k) type accounts can be divided in kind, so that as the financial markets change and begin to recover, so too will the 401(k).

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Fremont Divorce Attorney Discusses Securing Medical, Life, and Homeowners Insurance

Securing medical, life, and homeowners insurance for yourself and your children must be considered during pre-divorce settlement negotiations with your soon-to-be ex. Insurance issues may be complicated and largely the purview of lawyers but you need to be actively involved to protect yourself and anyone who depends upon you. You should know that your life insurance policy could still cover your spouse even if you two are divorced and no longer a part of each other's lives. You need to negotiate who will be paying the premiums. If husband is to pay, he can stop paying or cash in the policy and leave you with nothing unless life insurance is a negotiated part of the divorce settlement.

To protect the children, make sure that your divorce settlement states that the children are to be kept as the beneficiary and make sure that your spouse shows proof of it each year. If your spouse allows the policy to lapse, your ex may not have to reinstate the policy unless ordered by the court. Get it in writing before the divorce is finalized. If you would like only your children to benefit financially from your life insurance policy, you will want to open a trust fund and then name the trust as the beneficiary and name a trustee to manage the proceeds. Many banks offer this service. This way your ex will never get parental control over any of the money left to your children should you die before they are of legal age.

You can also prevent your children from giving any of the money to your ex by setting up the trust fund and stipulate that the children cannot receive any of the money until they are young adults. The normal age of legal maturity for such trusts ranges from 18 to 21. You may also stipulate that the insurance proceeds be restricted to higher education use only and held in trust until your children or other heirs avail themselves of the money for education.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Lawyer Discusses Headlines Scream Mel Gibson Getting Divorce

The internet and entertainment news sources are abuzz with the recently filing for divorce by Mel Gibson and his wife of 28 years, Robyn. Gibson, who is known not only for his movies, but for his strongly held extremely conservative Catholic beliefs, seems an unlikely candidate for dissolution, but the petition filed by Gibon’s wife cites irreconcilable differences. The long-term marriage was not preceded by a pre-nuptial agreement, so under California law all property acquired during marriage (except as a result of a gift, bequest or devise) is community property. That means that the millions of dollars earned from movies during the last 28 years, and the assets acquired with those funds are community property and subject to division in the dissolution.

Among the issues likely to be raised in the dissolution are distribution and division of property, spousal support, and attorney fees. Six of the parties’ seven children are past the age of majority, but since one remains a minor, the Gibsons will likely be addressing child custody, visitation and support issues in addition to those identified above. Rumors are circulating that the reason for the split is Mel’s infidelity with a Russian singer recently signed by his record label.

One possible issue may be the date of separation. Some sources say the parties formally separated some time ago, whereas others indicate the last straw was the new girlfriend. The petition filed by Robyn Gibson, apparently lists the date of separation as TBD, whereas Mel Gibson’s response indicates it as August of 2006, nearly 3 years ago. The date of separation matters because in California, a community property state, all income earned after the date of separation is that spouse’s separate property. All property acquired after that date is separate property (unless the source of funds for the property is community property funds).

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Attorney Discusses - Countess Seeks over $100K Monthly Spousal Support!

The web is abuzz with the story of the Swedish countess who was married to an American investment banker and is now seeking to set aside their post-nuptial agreement that would have awarded her $43 million as a settlement following their brief marriage from 2002-2005.

The case of the Swedish countess brings up interesting questions about spousal support for family law attorneys, judges and litigants. After all, who really needs over $100,000 a month in spousal support? The lovely countess and her soon to be ex husband are litigating in Connecticut, but were they in California, the rules would as follows.

Temporary spousal support is set based on the needs of the parties and the ability to pay. It is usually a result of a computer based formula calculation, although judges have discretion to deviate from the formula amount as needed. This amount is subject to modification if one party loses or gains a job, or income source, or if their needs change dramatically.

Permanent spousal support, on the other hand, is actually driven by the Family Code and requires consideration of multiple factors. California Family Code § 4320 factors include: the earning capacity of the parties and the marital standard of living, the relative employability of each party; domestic violence, assets and obligations of the parties, age and health of the parties, tax consequences, and the duration of marriage. Other factors are also considered.

So while the countess’s request for $130,000 a month in spousal support may seem extreme to some readers, what if she and her husband routinely spent $250,000 or $300,000 a month on their basic living expenses: housing, food, etc. While not a typical marital standard of living, that would, in fact, be the standard these parties were accustomed to during marriage, and would make her request seem somewhat more reasonable.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Francisco Divorce Attorney Discusses Spousal Support

Spousal support can be granted based on a number of issues in order to keep the marital standard of living for the spouse needing the support. However, contrary to what people believer, spousal support can be terminated before the the receiving spouse gets re-married. If the receiving spouse starts living with their boyfriend of girlfriend but remain unmarried, the receiving spouse's support can be terminated. Family Code 4323 (a) (1) states "Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support as provided for in Chapter 6 (commencing with Section 3650) of Part 1. (2) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this subdivision." This means that by just moving in with a new boyfriend or girlfriend creates a rebuttable presumtion that the receiving party is being supported by their new significant other. It is up to the receiving spouse to prove otherwise.

Cohabitation, however, is very hard to prove. Boyfriends and girlfriends spend time at each others homes without necessarily cohabitating with each other. More often than not, boyfriends and girlfriends will even the spend the night at each others homes without cohabitating with one another. This means that even if a person spends almost every night at their significant other's home does not necessarily consitute cohabitation. Therefore, if you are looking to prove cohabitation, it would be best to find a lease with both parties' names or some other concrete evidence that the parties live together.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Sacramento Divorce Lawyer Discusses Jon and Kate Plus 8 Rumored to Be Splitting

The internet is abuzz with rumors that Jon and Kate Gosselin, of Jon and Kate Plus 8 fame, are splitting up. Putting aside the actual truth of such a rumor, let’s examine the many issues a divorce with eight children and a tv show produces. Let’s further fictionalize the situation by setting it in California.

Custody and Visitation

Custody and visitation are not going to be substantially different with eight kids than with two, except it presents logistical problems for the parents in terms of transportation. Another issue that may present is living arrangements and whether all 8 kids would have the same schedule. Many families cannot afford two residences comparable to the one residence they shared, regardless of the size of said family. Would the Gosselins have the same problem? After all, they currently have an enormous house, but its one where the children share bedrooms. Additionally, the Gosselins have substantial resources, so were they to split, those resources could ease that transition.

Child Support

Child support depends on visitation and income, as discussed in previous blog posts. The Gosselins likely earn a significant income from their tv show. However, its in no way clear that a tv show premised on a big happy family would continue in the event of a divorce. There’s no way to predict how high or low a child support order would be in a case like this. If one or both parents is a high earner, support will be higher than if the parents are low to moderate earners. Additionally, caring for 8 children is, in and of itself, a full time job, so the parents may want to consider the high cost of child care if both parents are working. Remember, in California, parents are required to split the cost of work related child care. Even for school age children, after school care multiplied by 8 is going to add up quickly.

Division of Property

Aside from the family residence, the Gosselins would likely have a pot of money earned in the course of the tv show. Obviously these funds were earned during marriage and are community property. One or the other party may also have some funds from prior to marriage, which would be separate property.

Here at Sagaria Law, we offer a full range of family law legal services, from divorce and property disputes to custody and visitation matters. We handle all types of family law actions, including adoptions, guardianships, parentage, dissolution and support. We have five Northern California locations including San Jose, Redwood City, Fremont, Salinas and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today to schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Attorney Discusses Spousal Support and Child Support

The issue of spousal support and child support is one of contention among parties of divorce. There are times when spousal support or child support is set higher than what a party can pay. Some of these people who cannot pay their support decide to quit their jobs or cut off their income to avoid paying their ordered support. However, a person should be warned that doing this is a bad idea, because the court could then impute that party with the income that they were earning before they quit and force them to pay the amount anyways. This basically means that if the court has ordered that you pay a specific amount, you will have to pay it unless and until your ex agrees to a different amount or the court orders a different amount after you file the appropriate request. But although you claim you cannot afford the support, the judge may not agree with you. Thus if your financial circumstances have changed, you can file for a modification of your support order.

You will have to state how your expenses have changed or how your monthly income has decreased. You must have a legitimate reason in order for the Court to accept your modification and you must prove that your monthly income has diminished. Outside of a modification in a courtroom, your only other option is to ask your attorney to negotiate with your ex through his/her lawyer to see if you can get him/her to agree to a reduction in monthly payments. Though most exes will not usually agree to such modification, your request to negotiate a lower monthly expenditure is certainly worth a try. But again, you need evidence to have a chance at modification.

Here at Sagaria Law, we offer a full range of family law legal services, from divorce and property disputes to custody and visitation matters. We handle all types of family law actions, including adoptions, guardianships, parentage, dissolution and support. We have five Northern California locations including San Jose, Redwood City, Fremont, Salinas and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today to schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Sacramento Divorce Attorney Discusses Common Misconceptions in Family Law

True or False:

Husbands can’t get alimony
False. California law provides for spousal support, as it is known, in any dissolution, regardless of the gender of the party seeking support. Women are frequently the recipients of spousal support because their husbands were the primary breadwinner in the family, but if the roles are reversed, men can collect support as well.
Spousal support comes in two forms, temporary and permanent. Temporary spousal support may be ordered in any dissolution, based on the needs and ability to pay of the parties. Temporary spousal support is usually calculated using a computer program, such as Dissomaster or XSpouse.
Permanent spousal support requires consideration of eleven distinct factors, including the age of the parties, health issues, the duration of marriage, the marital standard of living, the earning capacity of the parties, and many others. Permanent support is usually for half the length of the marriage, although in long term marriages, a termination date is not typical or appropriate.

Mothers are always preferred in child custody disputes.
False. California law actually forbids preferring a parent because of that parent’s gender.
California family law requires the court to consider the best interests of the child in making a determination about how to award custody and visitation rights. The court must consider the health, safety and welfare of the child, and, whenever it does not conflict with the health and safety considerations, frequent and continuing contact with both parents. California has no preference for joint or sole custody, where custody is contested. However, where the parents have agreed to joint custody, there is a presumption that joint custody is in the child’s best interests.

All property is divided equally (50/50) in a divorce.
Mostly false. All community property is to be divided equally. However, that can mean dividing assets down the middle, an equalization payment if one party keeps a significant asset, or offsetting various assets and debts until an equal division is achieved.
Separate property, such as property acquired before marriage, or gifted to one party during marriage, or property inherited during marriage, is not divided between the parties.

Child support and child visitation go hand in hand.
True and false. The amount of visitation affects the support calculation. However, non-payment of child support does not mean the supporting parent forfeits visitation rights. It also should not come into consideration by a court when reviewing visitation.

Do you have questions about the information listed here or elsewhere on this blog? Are you considering filing for divorce, or perhaps you have a child support matter pending in court? The attorneys here at Sagaria Law handle all types of family law cases. We offer a free consultation, either via phone, or in person at one of our six Northern California locations: Redwood City, San Jose, Monterey, Salinas, Fremont and Sacramento. Call today 1-800-941-6730 or visit us online at www.sagarialaw.com to schedule your free consultation.

San Jose Divorce Lawyer Discusses Long Term Marriage Spousal Support

Almost everyone remembers the divorce between Nicole Kidman and Tom Cruise. Tom ended his divorce with Nicole just a few weeks shy of their 10 year anniversary. Some say that he was slick for doing so and avoiding having to pay Nicole spousal support for an indefinite amount of time.

Under FamilyCode 4336, “except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration.” The last part “long duration” has been long fought over because it is so ambiguous. Case law has established a “long duration” to be 10 years of marriage. The standard for support for a marriage of less than ten years is half the time of the marriage. This means that if a couple was married for 6 years, support would be granted for about 3 years.

The rub comes when the marriage is for longer than 10 years where one of the parties may have been kept from working or gaining any work potential. In these cases, the Court will have jurisdiction to continue support for longer than the usual “half the time that the couple was married” standard. The court takes into account many factors with a long-term marriage. Whether the party getting support can become employed, they’re standard of living and the supporting party’s ability to pay.

If you have a spousal support issue our team of experienced and talented family law attorneys handle all aspects of divorce, temporary and permanent spousal support, as well as all other family law cases. We have four Bay Area locations, including Redwood City, San Jose, Monterey, Sacramento and Fremont. We offer a free consultation, either in person or over the phone. Call today 1-800-941-6730 to schedule your free consultation with an experienced Fremont Divorce Attorney.

Redwood City Divorce Attorney Discusses Spousal Support:

When a married couple gets a divorce, the court may award spousal support to one of the former spouses, based either on an agreement between the couple or a decision by the court itself. The purpose of spousal support is to limit any unfair economic effects of a divorce by providing a continuing income to a non wage earning or lower wage earning spouse.

Unlike child support, which in most states is mandated according to very specific monetary guidelines, courts have broad discretion in determining whether to award spousal support, and, if so, how much and for how long. The Uniform Marriage and Divorce Act, on which many states’ spousal support statutes are cased, recommends that courts consider the following factors in making decisions about spousal support awards: the age, physical condition, emotional state, and financial condition of the former spouse; the length of time the recipient would need for education or training to become self-sufficient; the length of the marriage; and the ability of the payer spouse to support the recipient and still support himself or herself.

Spousal support is only ordered for so long as is necessary for the recipient spouse to receive training and become self-supporting. If the divorce decree does not specify a spousal support termination date, the payments must continue until the court orders otherwise. Most awards end if the recipient remarries. Termination upon the payer’s death is not necessarily automatic. In cases in which the recipient spouse is unlikely to obtain gainful employment, due perhaps to age or health consideration, the court may order that further support be provided from the payer’s estate or life insurance proceeds.

If you have questions regarding spousal support, please contact us for a free consultation at 1-800-941-6730 or visit www.sagarialaw.com. Our team of Family Law Attorneys can assist you with all aspects of your case. We have attorneys in San Mateo, Monterey, Fremont, Salinas, and San Jose.

Fremont Family Lawyer Discusses Enforcing Child Support by Collecting Directly From Wages

One of the most common mechanisms for enforcing child support in California is the earnings assignment order, or as it is more commonly known, a wage assignment. This ensures that child support (or spousal support) is subtracted from an employee’s wages. It is then sent to the custodial parent, usually via the State Disbursement Unit.

California Family Code Section 5320 requires child support to be paid via wage assignment. The wage assignment is binding on all employers, and is enforceable even where the employer information is outdated or incorrect. See California Family Code Section 5231. Employers who do not comply with a wage assignment are subject to being brought into court and possibly found to be in contempt.

What do you do if the non-custodial parent’s employer refuses to comply with the wage assignment? First, you must make the employer a party to the case, by filing a joinder. The next step is to file a motion with the Court to have the employer be ordered to comply with the wage assignment. Finally, the Court can find an employer in contempt for not honoring a valid wage assignment, meaning the employer will likely pay a fine for non-compliance.

What do you do if the non-custodial parent is self-employed or earns a cash income? Other means of collecting child support include garnishing or intercepting tax refunds, placing a lien on bank accounts. Punishment for non-payment can include suspension of a driver’s or professional license, contempt of court, and revocation of a passport.

Remember, child support is mandatory. This includes people who are getting divorced, parents involved in a paternity action, and parents who never lived together. Furthermore, payment of child support (or non-payment of it) does not impact visitation. The only relationship between visitation and support is how the timeshare impacts the guideline support number.

If you are having trouble collecting child support, you need to speak to an attorney. Our experienced family law attorneys handle all types of child support cases, including those incident to a divorce or paternity action, as well as those involving the Department of Child Support Services. We have five offices throughout the Greater Bay Area, including Redwood City, Fremont, San Jose, Monterey and Salinas. We offer a free consultation, either over the phone, or in person. Contact our office today to arrange for your free thirty minute consultation at 408.279.2288 or www.sagarialaw.com.

Salinas Divorce Attorney Discusses Spousal Support and Domestic Violence

Most men who earn more than their wives are aware that in the event of a divorce they may owe some level of spousal support, formerly called alimony, to their wives. They may not know the amount or the duration but they are aware of the risk. During a recent consultation with a client I went over the details of how spousal support is calculated and ran the support numbers for him. We discussed the factors that go into calculating spousal support and the likelihood of how long the amount would be owed. It was not until the very end of the conversation that he brought up the fact that his wife had been convicted of domestic violence against him.

This case illustrates the classic example that a man who is a high earner, as in this case, is somewhat resigned to the idea of paying spousal support and does not necessarily considered his wife’s domestic violence as an important issue to bring up immediately. Women who are the victims of domestic violence will be much more likely to bring it up immediately, most likely because they want a restraining order. Men may feel like they can protect themselves so they do not feel they need a restraining order.

What my consultation was not aware of is how spousal support and domestic violence are connected under the law. If a spouse has been convicted of domestic violence against the other spouse within the last five years then under California law there is a presumption that the injured spouse should not have to pay spousal support to their abuser. Therefore my consultation would have a good case to make to the court that even though he would normally owe spousal support that he should not have to under these circumstances because of his wife’s criminal conviction of domestic violence against him.

If you have any questions about spousal support or domestic violence or any other family law issue then please contact Sagaria Law at 1-800-941-673 or vistit us a www.sagarialaw.com to schedule a free consultation at the office location nearest you. We have offices in Salinas, Monterey, San Jose, Fremont and Redwood City.