Archive for August, 2008
Thursday, August 28th, 2008
The dissolution of a marriage can end up costing you a great deal of money and set you back for several years. This can happen through a negative outcome of the settlement on your end, meaning your spouse was awarded the majority of your property and assets, leaving you with little or nothing. When you are ending a marriage, it can be a tough decision on whether to hire a legal professional or save the cost and try going through the process alone because you are already afraid of how much money you may be losing in the settlement.
If you are afraid that you may not be able to afford hiring Ontario family law to aid you in your divorce settlement and are considering going through the process alone, there are some things to take into consideration before making the final decision.
The legal professionals of Ontario family law have extensive experience in divorce settlements and will help make sure that you see the best outcome possible. Ontario family law is familiar with court proceedings and knows what it takes to win. If you are considering going through the process alone, it might be beneficial to keep in mind that you may be running the risk of losing the settlement, which may not happen with the professional help of Ontario family law.
You may be concerned about the expense of hiring Ontario family law but going through a divorce settlement without their help could mean losing the battle and being left with little to nothing while your spouse gets most or all of the property and assets. Unfortunately, this is just a decision that comes along with a divorce settlement.
Wednesday, August 27th, 2008
No one wants to think that their marriage could be the one that someday fails. They hope that the love with their spouse will be the kind that lasts forever. Hopefully your marriage is the one that lasts and you and your spouse’s love will last through your old age, but if it doesn’t, have you safeguarded your assets and interests?
In the unfortunate event that your marriage ends in divorce, do you know how things would turn out for you in the division of marital assets? California exercises community property laws, meaning that in a divorce settlement, all property obtained during the marriage is divided in half between the spouses. Almost everything California spouses obtain during marriage is considered marital property: the home, vehicles, and non-tangible things such as retirement benefits and debt. California assets that existed prior to the marriage then usually remain with the respective spouse.
Although it may be unbearable to think about your marriage ending in divorce, there are things you can do to safeguard your property in case this does happen. Some people keep records proving which items they brought into the marriage, so that in a settlement they can prove that it is private property and therefore should be awarded to them. If you and your spouse use separate funds for some purchases, you could also keep a record of what you buy with your funds because this can also help prove it is your property and thus could be awarded to you in a divorce settlement.
Tuesday, August 26th, 2008
After an initial court order, a party can seek a modification of the support orders for a change of circumstances. Thus, if there is a change in the custody arrangement or in the income of either party the court can make changes to the support orders. If you have a case in Orange County, and there has been a change in your custody arrangement, or in your income, you have the right to file for a modification of child support.
A change in payment structure can be considered as a change in circumstances in order to modify an Orange County support order. So, if one party changes jobs and still has the same or comparable income at the end of the year but part of that income is now paid as a discretionary bonus, that party can seek to modify his or her support order. The party seeking the modification needs to show that a portion of the income is now paid by a discretionary bonus (this means that it is not certain that the bonus will be paid and/or how much will be paid to the paying spouse). In such cases, the court can order that a percentage of the bonus be paid as support when the bonus is received. Thus, if the bonus is paid to the paying spouse that party will pay a percentage of the bonus as child support. Conversely, if the paying spouse does not receive a bonus he or she would not be liable for additional support.
This is crucial in cases where the monthly support order that exists exceeds the paying spouse’s ability to pay based on his or her current base salary. By awarding that a percentage of any bonus be paid as additional support, a party can reduce his or her monthly support payment to a level within the person’s ability to pay and defer the additional support payments once that party has received a bonus. Otherwise, the paying spouse would have to borrow money to make the monthly support order. This clearly does not comply with the court’s intent.
For more information on support orders and how to file a modification, please contact one of our aggressive and caring attorneys at 800-589-9901 or firstname.lastname@example.org.
Thursday, August 21st, 2008
Things can go wrong in a marriage and the love that spouses once felt towards each other can fade. When this happens, spouses must face the difficult decision of whether to stay in the marriage and try to fix things, take a break or end the marriage.
Some spouses consider an Orange County legal separation, thinking that it is a time out of sorts from the marriage. They sometimes don’t fully realize what an Orange County legal separation is though and what it entails.
An Orange County legal separation involves legal action within a court, and is carried out in much the same as a divorce, only, in the end, the couple is still married. When a separation is filed, the court is given the authority to make rulings regarding the marriage. Although a legal separation involves many of the same actions as a divorce, the spouses are required to file additional paperwork to turn the legal separation into a divorce if the separation does not produce the results they were seeking when entering the situation.
When informed of what all a separation involves, there are a few main reasons couples then choose an Orange County legal separation. Some reasons why spouses choose a legal separation include religious views (if divorce is against their religion), and also if a spouse is in need of ongoing medical attention and needs to remain eligible for medical insurance that would be lost if the marriage was terminated.
It is ultimately up to the couple to decide on the route their marriage should take, be it an Orange County legal separation, just some time apart, or to end the marriage.
Wednesday, August 20th, 2008
When marriages fail, spouses must go through many processes to separate their lives. When the couple has children, these processes can become much more complex. Emotions run high when deciding how the children’s time will be split between each parent and also how much money each spouse will have to pay for the children’s well being.
Once the decisions have been made and finalized by a court, some parents don’t know if or when they should request a modification of support orders. Parents can request a modification of support orders once the original support order has taken place. Family law can help parents determine if and when to request a support modification. The legal professionals of family are familiar with child support guidelines and enforcement laws and can help parents determine the best time for modification.
Both the parent receiving child support and the parent paying may request a modification of support orders. Parents receiving child support may have the amount increased if they can prove that the paying parent’s income has increased. This holds true especially if it is proven that the child’s needs are not being fully met or if they have special needs such as medical treatment. Furthermore, paying parents can decrease the amount of future support payments if they can prove their income has decreased due to losing a job, experience a pay reduction or if they can prove the custodial parent’s income has increased.
It can be a tough decision for parents to revisit the support issue and request a modification of support orders but family law is available to guide them through the process.
Tuesday, August 19th, 2008
California Law allows family courts to consider a child’s wishes in custody cases. Thus, if you live in any County in California including Orange County, San Bernardino County, and Riverside County, you can have the court consider the child’s wishes.
However, the child has to be mature enough for the court to consider his or her opinion. There is no clear law that gives an exact age. But some cases state that if the minor is 14 years or older the court must consider the child’s wishes. The court is not bound by the child’s wishes, but at a minimum should be considered. If the child is younger than 14 years, then the court has to decide if the child is mature enough where his or her opinion should be considered.
If a child is too young to state a preference, it still does not mean that the court cannot interview the child or have the child interviewed by a court appointed evaluator. Many times children can provide the courts with relevant facts needed. These can be facts regarding abuse, neglect, or can help refute such allegations.
It is very important that parents involved in a custody dispute to understand their rights and to fight for the child’s right to state a preference, or if the child is too young for protection of the child from being subjected to this intrusive process.
For more information on this issue, please contact one of our aggressive and experienced attorneys at 800-589-9901 or at email@example.com.
Saturday, August 16th, 2008
The family residence is no longer an asset for most families living in San Bernardino or Riverside Counties. The housing market continues to fall and lenders do not want to refinance real property. In most cases, the home is not worth the debt against it. And in the cases where one spouse is willing to keep the home, he or she cannot get financing to buy the other spouse’s interest. Or, the spouse keeping the home cannot qualify for a refinance of the mortgage.
Hence, the spouse that leaves the residence is stuck being responsible on the loan even though he or she no longer has an ownership interest in the property.
In the past, there was a fight over the family and/or over the value. During this time, prices seemed to increase daily and one spouses was more than happy to delay the divorce proceedings in order to allow the property to increase in value. Such is not the case now. Divorcing spouses in Riverside County and San Bernardino County just want to get rid of the home. Sell it, let the other spouse keep it, do a short sale, or let it go into foreclosure.
The main goal of divorcing couples now is saving money and cutting costs. So, what is the point to continue making payments on a depreciating asset. Some individuals do it to save their credit. However, most individuals cannot afford to maintain the mortgage payments or simply they are not as concerned about their credit.
But there are still many options for couples. It just takes a little planning. I have found that my Economics degree and familiarity with the local real estate market allows me to give my clients advise that helps them achieve their goals.
For more information, we can be reached at 800-589-9901 or firstname.lastname@example.org.