Roseville Family Law Blog

When can child or spousal support orders be set aside?

On behalf of Creative Family Solutions, Cecil Cianci Law, PC posted in divorce on Thursday, April 11, 2019.

It is unfortunate that many California couples who get a divorce continue to engage in disagreement and dispute after the case has been completed. However, for a large faction of them, an inability to find common ground will continue to be problematic as they battle over post-divorce issues like spousal support and child support.

In some cases, there are motions or actions to set aside a support order in part or in full. Understanding the grounds and time limits for a request to set aside these orders is an important part of a case.

Divorce can be problematic with professional practices

On behalf of Creative Family Solutions, Cecil Cianci Law, PC posted in divorce on Friday, April 5, 2019.

California divorces are often associated with famous performers and other prominent and well-known people. However, divorce legal issues can affect anyone and be a financial and personal problem for their lives from top to bottom. Professional people who have their own practice in their chosen profession are no exception. Since a professional practice can be lucrative, there can be a litany of property concerns. Disentangling from a business relationship as well as a personal relationship doubles the risk and makes it essential to have legal advice.

In some cases, the parties worked together in some capacity whether as partners with the same credentials or with one being the professional and the other performing a variety of duties to help the business. A professional practice can range from a law firm, a dentist's office, a doctor's office, a veterinarian, an accounting firm, architects, engineers and much more. To simply get a business like this off the ground takes more than a good education and various degrees. It requires hard work, loans, building a client base and other factors. If a marriage comes apart, it can jeopardize everything that was built.

What should I know about collecting money judgments post-divorce?

On behalf of Creative Family Solutions, Cecil Cianci Law, PC posted in divorce on Thursday, March 28, 2019.

Often, many California divorces end with one spouse receiving a money judgment which the other spouse must pay. The spouse who is to be paid must understand certain facts about collecting the financial judgment. Since emotions are inevitably raw after a divorce and there was likely dispute that led to the end of a marriage, one spouse owing the other money can be a complicated matter that leads to disagreement and even the owing spouse refusing to pay.

Before overreaction, the owed spouse should know the basics about collecting on the judgment. It is important for the owed spouse to remember that he or she must collect the money on their own. The court does not handle it. The payments can be collected immediately if the following conditions are in place: the judgment was entered, and there has not been a stay on its enforcement via an appeal, a bankruptcy, or other legal step.

3 items you cannot include in a prenup

On behalf of Creative Family Solutions, Cecil Cianci Law, PC on Monday, March 25, 2019.

People can implement various steps to develop a solid prenuptial agreement. It is good for a couple to sign the document shortly after the engagement because they will have clearer minds. They are not in the process of planning a romantic wedding yet, so handling the paperwork at this time may be beneficial for both parties.

Prenups are incredibly useful for couples with numerous assets to divide in the event of a divorce. Before you write the details of the document, you should know what should and should not go in it. Including certain items could nullify entire sections or the entire document.

What happens with unpaid debts during a California divorce?

On behalf of Creative Family Solutions, Cecil Cianci Law, PC posted in divorce on Thursday, March 21, 2019.

California divorces rarely happen when both parties are ready for it and there are frequently issues that are left unresolved at the time of the filing. While there are a variety of concerns in any divorce such as children, support and division or property, neither side wants to be saddled with paying debts that the other might have incurred at the legal end of a marriage. Understanding how unpaid debts are addressed under the law in a divorce is a vital part of a case and requires experienced legal advice.

When there are debts that both parties have incurred - community debts - when the trial takes place, they will either be confirmed or divided as part of the process. When the debts were incurred by either of the parties before the marriage, they will be confirmed for the party that incurred them and there will be no offset. After the marriage, if there were debts incurred and they came about before the date the couple separated, these will be divided. However, if these debts exceeded total community and quasi-community assets, the excess will be assigned based on what the court deems to be just and equitable. That will include the ability to pay.

Can a wage assignment order for child support be voided?

On behalf of Creative Family Solutions, Cecil Cianci Law, PC posted in child custody & support on Thursday, March 14, 2019.

In a child support case in California, some supporting parents - known as the obligor - will pay via an income assignment. In these situations, the money will be taken directly out of the person's paycheck and sent to the receiving parent. For some supporting parents, this is not an issue and the payments are guaranteed to be made without needing to do anything else. In other cases, however, there are issues with the income assignment and they want to have it quashed or voided. Knowing what the law says about such a request and when it can be done is important to a case.

The assignment order can be quashed in the following circumstances: the order does not have the correct amount owed for support or for overdue support; the alleged person who is supposed to be paying the support is different from the person who is paying support; or the amount goes beyond the legal amount that can be taken out based on federal law.

Preparing for financial concerns during a gray divorce

On behalf of Creative Family Solutions, Cecil Cianci Law, PC posted in divorce on Thursday, March 7, 2019.

The end of a marriage cannot be pigeonholed as solely affecting a certain faction of people who are in a specific age range. Not all California divorces are the same and the issues and matters in dispute can vary. A so-called "gray divorce" in which older people decide to move forward and part ways as a couple is growing increasingly common. There are certain foundational factors that are a concern regardless of the type of divorce, but a gray divorce is unique in a variety of ways. Considering them is critical to a reasonable resolution.

Couples 50 and older are getting divorced at twice the frequency than in 1990. There are certain considerations that are important in this rise in divorce. People are living longer with healthier, more active lives. Often, the people are on their second or third marriage. Those 50 and older who have gotten remarried have double the chance at getting a divorce. No matter why the couple decides to part ways, finances are one of the biggest worries. Thinking about important aspects of gray divorce and retirement is a smart decision as the case proceeds.

Survey says hiding financial information can spark a divorce

On behalf of Creative Family Solutions, Cecil Cianci Law, PC posted in divorce on Thursday, February 28, 2019.

There are many reasons why a California couple might decide the time is right to move forward with a divorce. While personal issues and dispute are common as some people simply determine that they can no longer get along, financial concerns are also high on the list of reasons for a divorce. Some perceive that to mean there is overspending, a lack of income, non-support and other issues. However, the simple act of hiding financial information is a spark for many divorces. Those who are facing this issue should have legal help as they decide whether to take the next step or not.

A survey in which more than 500 people throughout the nation took part showed that 27 percent of participants said they would think about divorce if their spouse lied about finances. Although the survey also showed that a large portion of the participants are forgiving in such circumstances, that more than one-quarter of those who answered questions stated they would think about moving on is significant.

What couples can and cannot do under the California UPAA

On behalf of Creative Family Solutions, Cecil Cianci Law, PC on Saturday, February 23, 2019.

The Uniform Premarital Agreement has been in force in California since 1986. Although the UPAA is effective throughout most of the country, various states have inserted their own rules within certain sections. California has established guidelines that dictate the terms the agreement can and cannot include.

What can and cannot be part of the agreement

Changing a child support order and required information

On behalf of Creative Family Solutions, Cecil Cianci Law, PC posted in child custody & support on Thursday, February 21, 2019.

When a child support order is made in California, parents should understand that it is based on circumstances. The situation will determine how much is paid at the time of the order. If the situation changes, so too can the amount that is paid and received in child support. A child support modification can be done if the necessary conditions are in place. For parents who need to have an order modified, having legal advice is one of the most critical aspects to doing so successfully.

There are several reasons why a child support order can be modified. They are: if there is a rise or reduction in the earnings of either parent; if there is a change to the child custody agreement or the visitation time; if a parent is called to military service or deploys as a member of the military; or if there is a change with any other issue that will impact the child support guideline that was used to formulate the original amount.