Family Law Infocast.... What About the Children?

How To Protect Children In Dissolution

Children are often forgotten during the dissolution process. Therefore if you are interested in the steps essential to protecting your children through your dissolution, please view this podcast.

http://demetriagraves.blip.tv/file/990944

Family Law Infocast.... Avoiding Financial Mistakes in Your Divorce

Seven Financial Mistakes to Avoid During Divorce

Do you want to protect your assets while going through a divorce? Sometimes couples get so caught up in the emotional stress of divorce, that one spouse (or both) may forget to keep track of their finances! It is understood that divorce can be extremely painful, but so can losing your savings, and other assets as well! So in this piece, I walk you through seven mistakes to avoid during this difficult time.

Family Law Infocast..... Alternatives to Litigation

Do you want a divorce, but don't want to fight!
Well I am so glad to hear that! I am so happy to see that more and more couples understand the importance of amicably settling their differences and essentially moving on with their lives. In this piece I explain a couple of alternatives to litigation and explain some of the reasons why it is more beneficial to "peacefully" dissolve your marriage. Please watch the the following Family Law Infocast for tips on avoiding litigiation in divorce.
http://demetriagraves.blip.tv/file/991078/

What is a 730 Child Custody Evaluation?

What is a "730 Child Custody Evaluation?"

I get this question a lot!

A "730 Evaluation" is a tool used in child custody cases to determine the best custody arrangement for the children involved in the dissolution (divorce) proceedings.

Often the parties (or sometimes court ordered) will request a "730 Evaluation." After such request is granted a "730 Evaluator" is appointed to the case. The Evaluator will then interview both parties, the children involved (if the children are old enough, age requirements vary depending on jurisdictions), and any other relevant third parties. After the interviews take place, the Evaluator will write a report which is given to both attorneys and the Judicial Officer. The parties are then required to attend a hearing to discuss the written report and the recommendations of the Evaluator.

Why do parties need a 730 Evaluation?

Often times parties cannot agree to the exact days and appropriate times for visitation, therefore the court needs an independent assessment of the case from a qualified professional to assist in making the appropriate decisions for the children involved.

How long does it take?

Depending on the type of Evaluation selected, the process can take anywhere between 3 months to 9 months.

My Child's Father Does Not Wish to Pay Child Support, But Has Agreed to Terminate His Rights, Can We Do This?

NO! Although sometimes it may be "easier" to simply terminate one's parental rights, the court's have recently held that we cannot do this! The California Court of Appeals recently held, "The public policies favoring creation of a father-child relationship as a source of emotional and financial support, and declaring the preeminence of a parent's obligation to support his or her minor children, trump any policy that would favor private ordering of parenthood after the birth of a child."

To be honest, I actually agree with this ruling.

RECAPTURE RULE AND SPOUSAL SUPPORT

If your alimony payments decrease or terminate during the first 3 years, you may be subject to the "Recapture Rule."

What is the Recapture Rule?

You are subject to the recapture rule in the third year if the alimony you pay in the third year decreases by more than $15,000 from the second year or the alimony you pay in the second and third year decreases significantly from the alimony you pay in the first year.

Before agreeing to any Spousal Support Order, be sure to examine the amount of time you must pay Spousal Support and be sure not to got caught fighting the "Recapture Rule."

NEW TRENDS IN SPOUSAL SUPPORT

DO I STILL HAVE TO PAY SPOUSAL SUPPORT ALTHOUGH MY CHILDREN HAVE GRADUATED FROM HIGH SCHOOL?

Generally in a divorce case, the higher bread winner will be required to pay the other spouse, "Spousal Support" for 1/2 length of their marriage. However, in cases over ten years, which are considered "Long Term" Marriages, this is not always the case and Spousal Support can be ordered for an indefinite amount of time.

However .........

A proposed Senate Bill would provide that termination of child support, due to a child's completing 12th grade or reaching the age of 19 years, would constitute a "changed circumstance" that could be the basis for modification of a spousal support order.

Under the current law, a trial court cannot change a spousal support order without showing that there has been a reason to do so. The current case law suggest that the termination of child support does not automatically justify a reduction in spousal support. However the new legislation would allow the termination of child support to constitute a possible basis for a modification of spousal support.

I will keep you posted....