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Santa Rosa Legal Blog

California residents may need assistance for child support issues

Many custodial parents rely on support payments to make ends meet when it comes to providing for their children. However, there are many circumstances that could lead individuals to face child support issues. When these issues arise, finding out how to deal with them could help individuals determine what steps may help them work toward improving their situations. 

It is not unusual for individuals to fall behind on child support payments in California, and this is an problem that is prevalent across the country. It was recently reported that a county in another state is facing considerable support arrears totaling over $11.4 million. It was noted, however, that only $222,000 went unpaid in the month of October of the $1.3 million that was owed. 

Retirement plans and divorce

If you live in a community property state such as California, divorcing generally means that each spouse gets half of the property and half of the debts. While there are several ways to work out a fair and equitable division of property, judges are not likely to approve any agreement that appears to violate the 50/50 rule. When you sit down to figure out your property division, it is important not to forget about any pension plans that either of you have. Pension plans can also be considered marital property and may need to be divided. Keep in mind, however, that a pension plan differs from regular property in several significant ways and may be subject to specific laws.

Family law: California residents may have alimony concerns

Many California residents may consider alimony to be an antiquated system. However, spousal support continues to be awarded in many of the divorce cases across the country. Therefore, if individuals are concerned with how that aspect of their cases could turn out, they may wish to speak with family law attorneys to find out potential outcomes and options. 

One man in another state was recently affected by his spousal support situation. Reports indicated that the man had fallen behind on his child support and alimony, and as a result, he was sentenced to two years in jail. The ruling came from his being behind $250,000. The man had apparently been given the option to pay $100,000 in order to avoid jail time, but he was presumably unable to do so.

Family law: Mediation may be option for some California divorces

Many California residents who are going through divorce may know that they will need to continue a relationship with their soon-to-be exes. This continued relationship often occurs with individuals who have children. As a result, individuals often want their family law proceedings to go as smoothly as possible. With this in mind, some individuals may wish to consider mediation.

Mediation is a divorce option that could allow willing parties to negotiate their divorce terms outside of the courtroom. A report recently gave one woman's account of her experience with mediation. The woman stated that the process did not come without its conflicts as dividing up property can often get contentious and litigation was at times a possibility. However, the mediators involved in the case helped keep the divorcing couple on track and avoid litigation.

Prenups may be wise in California, even if divorce is unlikely

When couples get engaged, they often think of how happy their futures will be together. While this mindset is often one of positivity and love, it may also be wise to consider the potential for a marriage that does not work. One way individuals could protect themselves in the case of future divorce is to create prenuptial agreements. 

California residents may be interested in a recent report indicating that there has been an increase in these types of agreements being created, especially among young individuals. A survey involving the American Academy of Matrimonial Lawyers revealed that 51 percent of the participating attorneys stated that they saw an increase in Millennial-aged parties seeking prenups. Additionally, only 2 percent of those attorneys indicated that they had witnessed a decrease. 

Child support modifications may help California parents

Being in a difficult spot financially could have a considerable impact on a person's life. Not only may it be impossible to meet everyday needs, but there could be a risk of criminal charges if child support payments are past due. If California residents fear such a fate, they may wish to find out available options for avoiding such an outcome. 

Four men in another state may wish that they had taken such steps as they were recently taken into custody. The men were apparently wanted for child support offenses. Two men in their 20s were arrested and still being held in jail at the time of the report. One man was unable to meet a $3,400 cash bail, and the other was unable to meet a $9,260 cash bail. 

Family law: California parents may need relocation info

Divorced parents may face certain issues that other individuals may not. Concerns relating to to moving to different areas may seem particularly difficult to confront as custody agreements may need to be considered. If California parents are facing such concerns, they may wish to better understand how family law could assist them during the decision-making process. 

One individual in another state is currently facing such concerns. She claimed that she was planning to remarry and move to a different state in order to be with her fiance and more of her family. However, she has primary custody of her children, and her ex-husband does not want to agree to the move. Additionally, he claimed that the woman's fiance was dangerous for the children. 

What Is "Nesting" Or "Bird's Nest" Custody?

Is nesting, or bird's nest custody, the right option for you? Before you can answer that, you probably need to have a clear understanding of what it entails.

Nesting is a type of custody and post-divorce living arrangement that isn't new but is also not very common. It is steadily rising in popularity as parents continue to find ways to put their children's needs first following life-changing events like divorce.

Property division could be complicated by asset classification

Many individuals may feel as if they have been placed in unfair situations at some point in their lives. Some of those instances could be serious, and individuals could be negatively affected. As a result, they may find themselves wanting to work toward not being taken advantage of no matter what the circumstances. The most common case in which people may find themselves feeling more adamant to reach their goals is during property division and other divorce proceedings.

California residents may be interested in the case of a man who has faced a significant injustice in his life. Reports stated that the man had been convicted of a murder that he did not commit, and as a result, he spent 20 years in prison before he was exonerated. After his released, he pursued multiple lawsuits in hopes of gaining compensation, and he was subsequently awarded a $20 million settlement.

Collaboration may help with California child custody disputes

During and after divorce, many California residents may face hardships when it comes to the various terms to which they have agreed. Child custody agreements often spark disputes and upset among divorced parents, and they may not always be able to resolve their issues on their own. However, there are several legal options for seeking assistance when parties face conflicts. 

During divorce, individuals may want to take steps toward creating an amicable and communicative environment by utilizing collaborative law. A collaborative divorce allows individuals to have legal representation but also avoid litigation. If an individual does wish to pursue litigation, the collaborative process ends and new legal counsel must be obtained. However, this process could help receptive individuals work toward a collaborative agreement in hopes of leaving both sides relatively satisfied.

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