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Tustin California Family Law Blog

How is alimony determined?

In many marriages, one spouse takes on the role of taking care of the home and children, which undoubtedly is a full-time job, while the other spouse works to earn a living for the family. While today's families are more likely to have both spouses working than in decades past, it is still not an uncommon situation. When a marriage ends however, this often leaves the spouse who sacrificed their career for the sake of the family at a severe disadvantage when trying start their life over and get back to work.

Overview of California's child support guidelines

Like most other states in the country, California uses a child support formula that judges in California must ordinarily follow in order to calculate and order a correct amount of child support. The idea behind these guidelines is to ensure that parents in the Tustin area and across Orange County and the state get treated fairly and consistently when it comes to child support.

Although the formula itself is a mathematical computation, the raw numbers that go in to the formula vary and can in many cases be up to debate. Basically, under the formula, the California court will first examine the income of each parent. This income can originate from a variety of different sources and does not just have to be from a parent's job.

Child support covers more than you may think

One of the most important decisions to be made during a divorce is that of child custody and child support. If a divorcing couple is unable to come to an agreement regarding child custody, the courts will decide. They may also award the custodial parent child support payments to help cover the expenses of raising a child. While many people think that these expenses will only cover a child's basic necessities, such as food, clothing and shelter, it is important to understand that child support payments can be used well beyond just the basic necessities.

How spousal support is determined in California

If you’re the breadwinner of the family and going through a divorce, there’s a good chance you’ll be ordered to pay spousal support. Often referred to as “alimony,” spousal support is designed to provide compensation to the spouse with lower earning potential. The purpose of this compensation is to protect the supported spouse from economic fallout and help them maintain the standard of living they’ve become accustomed to while married.

What factors will the judge consider when determining spousal support?

What courts look for to determine child custody

Of all the decisions that need to be made during the process of a divorce, it is not uncommon for the biggest disagreements to be between a divorcing couple and what to do with the children after the divorce. But, on rare occasions a marriage dissolves amicably, allowing both sides to come to an equally agreeable decision. When both sides are willing to work together to share time with the children a court can order a joint custody arrangement.

Understanding different types of property division

There are two forms of property division, In the United States depending upon where you live in. A few states follow "Community Property" laws, meaning that all property is defined as either separate property or community property. Separate property is solely owned by one spouse, and community property is owned equally by both spouses. Most states, such as California follow equitable distribution, meaning that the courts determine who deserves what, depending upon arrangements during the marriage.

How can a father obtain child custody?

Whether you are entering divorce court for the first time or are seeking an appeal on a previous child custody decision, it is important to recognize that today more than ever before the courts are taking the role of the father seriously in the upbringing and best interests of the child. There are several things that fathers should take into consideration when trying to obtain custody rights for children.

In theory, a biological father has as much of a right to their child as the biological mother. However, throughout the history of the United States the mother has traditionally been assumed to have a more maternal and "important" role in a child's upbringing, and therefore has been more likely to have been awarded child custody.

Could child care cost more than college tuition?

Arguably, the most contentious issue that comes up between divorcing or separated couples is child support. Those who are ordered to pay support may view it as a form of spousal support, since the custodial parent basically gets to decide how the money is spent. Those who seek support may not believe that they are receiving enough, given the difficulty of managing a household and a child’s expenses that are not covered through child support on one income.

One the most difficult, yet common, expenses that contributes to the high cost of child support is child care. The cost of day care has increased dramatically over the last decade and is now rivaling the costs of higher education. In fact, a Washington Post report indicates that in 31 states, annual tuition at a public university is cheaper than day care over the course of a year.

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NIVEN & NIVEN Attorneys at Law
17821 17th Street
Suite 190
Tustin, CA 92780-2176

Phone: 714-602-5808
Phone: 714-602-5808
Fax: 714-978-7330
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