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Roseville Family Law Blog

Child support and medical support

If you have children, then you know they can be expensive. During the course of marriage, or when unmarried couples remain together, these costs can typically be managed amongst two incomes. In the event of divorce or a breakup, though, arguments can arise as to who will pay for the child's care.

The law is designed to ensure that both parents share equally in the raising of a child. Therefore, noncustodial parents are usually ordered to pay child support to custodial parents. These payments are meant to help cover everyday expenses such as food and clothing, but they can also include educational costs and expenses related to extracurricular activities. One issue that often isn't considered by Californians, though, is medical care.

Protect digital devices to avoid complex divorce issues

On its face, divorce seems relatively easy. Two parties who were once in love decide to end their relationship, divide their property, and go their separate ways. Although some marriage dissolutions are that straightforward, the vast majority of them are much more complicated. One reason for these complications is the expansive use of technology, including cell phones and social media.

While our lives have become more interconnected with our family and friends, they have also become inextricably linked with our spouses via technology. Oftentimes electronic devices are synced, meaning that individuals sharing the same household may have access to each other's personal information, calendar, text messages and emails. Although this can give rise to obvious security concerns, it can also jeopardize one's legal position in a divorce.

How will I support myself after my divorce?

For many women facing divorce, one of the first crucial questions that needs an answer is the question of financial stability after the process is over. If you have stayed at home to raise your children or otherwise have not worked during your marriage, you may wonder whether you will need to find work after your divorce.

There are many possible responses to the question of your post-divorce financial security. It is important for you to understand the various options for spousal support after a divorce as well as asset division in the divorce proceedings. Once you know what your options are, you will feel more confident about facing your financial future.

Find a competent advocate to assist you with alimony issues

Marriage dissolution can have serious financial ramifications for Californians. One reason is because what was once one household being supported on two incomes must become two households supported by the same income. This can be challenging for a number of reasons, and it can affect anyone. However, it can be especially painful for those who are either ordered to pay or receive alimony.

As we have discussed previously on this blog, spousal support may be ordered in instances where one spouse gave up his or her education and/or career in order to take care of his or her family. This may mean raising children or foregoing one's own education so that he or she can financially support the family while the other spouse furthers his or her education. These monthly payments are usually based on income and one's historical standard of living. This means that there can be a wide range with regard to the amount of alimony that is ordered from case-to-case.

More women being ordered to pay alimony

Alimony, also referred to as spousal support, can play a pivotal role in one's post-divorce life. This steady stream of income, often paid on a monthly basis, can help ensure that a divorced individual who forewent career and educational opportunities in order to raise a family or support his or her spouse can retain the quality of life he or she enjoyed during the marriage.

Traditionally, alimony was often paid by men to their ex-wives. However, as more women have entered the workforce and increasingly become the primary wage earners in their families, they are increasingly becoming responsible for paying spousal support. In fact, one recent survey of divorce legal professionals indicated that 45 percent of those surveyed have seen an increase in cases where women are paying alimony to their former husbands.

Prenuptial agreements and social media clauses

Before tying the knot, Californians have a variety of matters that they need to carefully consider. Amongst these is the possibility of entering into a prenuptial agreement. These arrangements, entered into by parties on the verge of marriage, dictate how critical legal issues will be resolved in the event of a divorce. This most often applies to property division, but it can also address alimony. Although discussing a prenuptial agreement with a soon-to-be-spouse may be challenging, such an agreement can serve as a protective measure that allows couples to put their financial fears to the side, thereby allowing them to focus on their relationship.

But finances aren't the only matters that may require protection before an individual decides to get married. Social media clauses, for example, are becoming more common. As our world is becoming even more intertwined with the Internet, and an individual's personal life becomes more publicized, restricting a potential ex-spouse's use of social media can be powerful. Without such an agreement, slighted ex-spouses may turn to Facebook or Twitter with malicious intent. This, in turn, can ruin an individual's reputation and cause embarrassment, humiliation, and even job loss.

Some of the issue unique to military divorce

Although many Californians who are going through divorce have to deal with similar legal issues, the facts usually dictate the approach to these matters. For example, those divorces that involve a member of the military may have to deal with additional property division issues, such as the division of a military pension. Even though these pensions are handled similarly to civilian pensions, there are some unique rules that apply.

One of these rules is what is known as the ten-year rule. Here, a former spouse who is entitled to a portion of a military member's pension can receive payment directly from the Defense Finance and Accounting Service so long as a decade's worth of marriage coincided with a decade's worth of military service. This may allow a former spouse to receive payment consistently and on-time, an issue that often arises when parties have to deal amongst themselves.

Competent representation needed to avoid bad family law outcomes

If you're reading this blog, then you're probably in the midst of, or considering, divorce. Merely thinking about taking such action takes courage and recognition that your relationship may not be best for you and your children. As you're probably well aware, though, initiating a divorce is just one step in what can be a long, conflict-ridden process where the stakes are high. When handled improperly, a divorce can leave you financially devastated, emotionally damages, and with a diminished relationship with your children.

This is why you need to carefully and legally analyze every decision you make throughout the process. That may sound daunting, but it's the truth. Foregoing one asset in favor of another during property division may have unwanted tax consequences, agreeing to a custody and visitation arrangement may negatively impact your child, and failing to adequately address a prenuptial or postnuptial agreement can leave you financially reeling.

3 tips for creating a bulletproof prenup

Prenuptial agreements are beneficial for every couple. Contrary to popular belief, they are not only for the rich and famous. Whether you are a blue-collar worker or a multimillionaire, it is a good idea to sign a prenup before your marriage.

Not every prenup is bulletproof, however. If you do not properly write up a contract, it may be thrown out during a future divorce. Here is how to create a prenup that will stand up in court. 

Prenuptial agreements when family wealth is at issue

Californians who are considering marriage usually have a lot on their mind. They may worry about the marriage ceremony itself, the coming together of two families, or even the expectation of a baby. However, another major and common concern amongst these individuals is money. Whether solidly middle class or wealthy, parties to a pending marriage may be concerned about what will happen to the wealth they have accumulated in the event that the relationship doesn't work out.

Prenuptial agreements provide a great opportunity for these individuals to protect their financial assets from property division in the event of divorce. Although the couple may consider entering into one of these agreements, sometimes parents also try to talk their children into entering into these one before marriage. The reason is simple: to preserve family wealth. This can happen when a family has a lot of cash, homes, or businesses, although one doesn't have to be wealthy to consider this option.

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