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....

HOW TO AVOID THE 7 COSTLY FINANCIAL MISTAKES DURING YOUR DIVORCE....

This is always a huge topic in most divorce cases .... Finances! Therefore, I have provided you with 7 Financial Mistakes to Avoid when going through your divorce.



Please note that I am an attorney presenting to you re-occurring financial problems that often arise during a divorce. I am not a financial advisor nor tax consultant!!! After you know what to look for, I strongly suggest you contact both a financial advisor AND tax consultant to assist you in making your Financial Decisions.



7 FINANCIAL MISTAKES TO AVOID DURING YOUR DIVORCE......

1. KNOW YOUR "LIQUID ASSETS:" Know which of your assets are "Liquid" Assets (immediate cash flow such as a bank accounts) versus an "Illiquid" Assets (not so immediate cash flow such as a house). You want to be sure that you have enough "Liquid" Assets to pay your household bills, children's school tuition, etc.

2. KNOW YOUR TAX BENEFITS/RAMIFICATIONS: With the division of property and child and spousal support, it is crucial that you understand the effect of taxes on your divorce, such as "Capital Gains" and the effect on your "Income Taxes," etc.

3. KNOW THE RULES OF YOUR RETIREMENT ACCOUNT: Although this is also a tax issue, you need to understand not only the tax issues but the potential penalties as well. Make sure to also understand the varying options of dividing your plan.

4. MAKE A BUDGET AND STICK TO IT: After separating from your spouse it is crucial to understand your income and expenses. Many individuals have a very difficult time adjusting to less income and adjusting their lifestyle. That's OK. A financial professional can sit you down and assist you with this process.

5. BEWARE OF "HIDDEN ASSETS:" Be sure that you are aware of ALL assets belonging to you and your spouse. Otherwise, your spouse may walk away with way more than deserved. Be sure to pay close attention to Tax Returns, Corporate Tax Returns, All Bank Accounts; IRA Statements, Children Bank Accounts, etc.

6. MAKE SURE YOU ARE AWARE OF ALL OF YOUR CREDIT CARDS AND CREDIT SCORE: When you are starting your life anew, if possible, you want to do so with good credit. Make sure you understand the debt, so you can be sure to protect yourself!

7. DO NOT ALLOW YOUR SPOUSE TO MAKE ALL THE FINANCIAL DECISIONS: Make sure you have copies of EVERYTHING, including your Tax Returns for the previous 2 to 3 years, Bank Statements for ALL of the accounts, Brokerage Statements, Children's Accounts, etc.

It's extremely simple to avoid many of these mistakes and I strongly recommend that you contact a financial advisor AND Tax Advisor before you make any financial decisions.

I WANT A DIVORCE...BUT I DON'T WANT TO FIGHT!

I hear this all the time: I want a divorce... but I don't want to fight....

So often parties engaged in divorce and their respective counsel get so caught up in the divorce process that all parties involved lose sight of the true goal in all dissolution proceedings, such as amicably dissolving the marraige, ensuring that the children are adequately cared for, reaching a fair distribution of all assets, and encouraging both parties to maintain a civil relationship for the well being of their children.

1. So, many client's often ask, "This how sounds great, but how can we possibly not fight and amicably dissolve our marriage?"

I then respond, "I am so happy that you asked!" Collaborative family law is an effective way for individuals contemplating divorce to reach fair resloutions. The goal of Collaborative law is to achieve a fair and equitable settlement and to accomplish the thoughtful restructing of the family.

2. My client's then ask, "How does this work?"

I then respond: Each party dedicated to the collaborative process will be represented by an attorney who will provide full legal protection. Additionally, each party will also have the support from a psychological expert and a neutral financial professional to provide analysis and advice.

A series of meetings will be scheduled to examine the issues involved , explore options and work toward an agreement that is suitable for both parties. We will all continue to engage in such meetings until a full resolution has been obtained.

3. My client's then say: "Ms. Graves, this process sounds extremely expensive!"

I then say: The dissolution process is an expensive process and it would be extremely worth it to have a superior resolution process that is fair and safe! And to be honest, the collaborative family law process is substantially less expensive than cases that are litigated in court, but MUCH more satisfactory.

AFTER THIS LENGTHY CONVERSATION MY CLIENT'S THEN SAY, "MS. GRAVES, PLEASE SIGN ME UP!"

If you would like to learn more about this process please do not hesitate to contact me at demetria.graves@gmail.com.