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Posts Tagged ‘Spousal Support’

Enforcing and collecting support payments by Contempt Motion in Riverside County

Saturday, September 20th, 2008

One of the main complaints that I hear from many clients is that the other spouse does not pay his or her ordered support payments. Whether it is in Riverside County, San Bernardino County, or in Orange County. It appears that many individuals have a hard time collecting the support amount ordered.

Support orders or subject to contempt. This means that a person can face jail time or fines for failure to pay support orders (child support and/or spousal support). While California does not have a debtor’s prison (the state will not incarcerate a person for owing money), a person can be incarcerated for failure to pay support orders. Thus, a supported spouse can be aggressive in his or her collection attempts against the other spouse for failure to pay support.

Hence, any individual needing help in order to collect support should contact an attorney for legal advise.

For more information contact one of our aggressive and experienced attorneys at 800-589-9901 or at info@dieferlaw.com.

Getting an annulment

Thursday, August 7th, 2008

Depending on the circumstances, parties can seek an annulment instead of a divorce. An annulment in certain circumstances can be more favorable to a party over a divorce. If a marriage is annulled, it is possible that there will not be any issues of community property or spousal support.

However, there are very specific reasons and rules that dictate whether an annulment is possible in a case or not. In my experience many people seek an annulment solely on the grounds that they have been married for less than a year. These individuals believe that a short marriage allows them to obtain a divorce.

Such is not the case. But there are other reasons why a marriage will be annulled such as duress, fraud in inducing the marriage, or bigamy. Under these reasons, an annulment can be obtained.

Just because a marriage is annulled does not mean that a court has to disregard community property principles. Especial rules have been created to protect innocent spouses.

For more information on annulments, contact one of our attorneys at 800-589-9901 or info@dieferlaw.com.

Judicial Discretion, understanding the authority of family law judges

Tuesday, August 5th, 2008

In any divorce case, its important for individuals to understand that the judge has discretion and wide ranging authority to make orders. Most of the time, it is my experience that client’s do not understand how much authority the judges have to make orders in any area of the case.

Whether it is custody, permanent spousal support, or attorney fees, judges as the trier of fact have a lot of leverage to make orders in the best interest of the children and/or on conflicting facts. For that reason, it is important to seek the advice of a local attorney that can help a party navigate through this process and one that will understand the judge assigned to the case.

For more information and a free consultation, please contact one of our experienced and aggressive attorneys at 800-589-9901 or info@dieferlaw.com.

The benefits of pre-divorce planning

Tuesday, July 8th, 2008

Couples that plan to divorce would be wise to do some type of pre-divorce planning. Some of the issues to keep in mind are: How much money will the supporting spouse have to pay? And, how much money will the supported spouse receive? These are important issues that should be considered. This will allow each party to plan for post-separation days and budget his or her finances.

It is also important to consider issues such as who is moving out of the family residence? How close from the other spouse and children should a person stay? Can a spouse withdraw money from joint accounts? All of these issues are important and can have consequences in a divorce. As such, it is always a good idea for a person who is planning to divorce to meet with an attorney and get legal advise.

However, the type of planning that should not be considered are ways in which to shield assets or hide assets from the other spouse. Spouses have fiduciary duties to each other and if one party is planning ways to hide assets from the other this is a breach of that duty. Similarly, one spouse is required to disclose to the other spouse all of the assets that exists. Omitting assets and failure to disclose is also a breach of that spouses fiduciary duty to the other spouse. Hence, long gone are the days when one spouse started pre-divorce planning well in advance of filing or informing the other spouse about his or her desire to divorce. Courts require that spouses deal with each other fairly and honestly.

Nevertheless, spouses still need to plan for life after separation. For more information and an in depth consultation with one of our caring and affordable attorneys, we can be contacted at 800-589-9901 or info@dieferlaw.com.

Premarital Agreements (Prenups)

Friday, June 27th, 2008

Many individuals are looking at premarital agreements to preserve and protect asset they have acquired before the marriage. Even though California Law states that assets acquired before marriage are separate property, if a person wants to protect such assets, its a good idea to consider a premarital agreement.

In California, once parties are married one spouse can begin to acquire an interest in the property of the other spouse. Hence, with time a spouse can acquire an interest in the separate property asset of the other spouse. The general rule is that all income earned during the marriage is community property. Therefore, as one spouse continues to make payments on his or her separate property with community income the community (the married couple) begings to acquire an interest in that property.

This rule also applies to the labor, work, and effort of the parties. Thus, if a spouse owns a business that was started before the marriage but continues to grow the business after the marriage, the community acquires an interest in the increased value of the business.

It is very important that parties seek legal advise when entering into an premarital agreement. If the premarital agreement is not done properly, it will be void. This is specially true when entering into spousal support waivers. Also, the spouse that is giving up his or her rights should seek legal advise to make sure they completely understand what rights he or she is waiving.

For more information and an in depth consultation with one of our Aggressive, Caring, and Affordable attorneys, contact (800) 589-9901, or email us at info@dieferlaw.com.

Understanding California Law on Spousal Support, commonly referred to as Alimony

Thursday, June 19th, 2008

The two main practical concerns in any spousal support orders should be: how much money will the supported spouse receive and for how long?

The general rule is that if a marriage is under ten (10) years, spousal support lasts for half of the length of the marriage. So, if a couple is married for nine (9) years, the supported spouse may be entitled to support for a period of four and one half (4.5) years.

If the marriage lasted ten (10) years or longer, the general rule is that support may last until the remarriage of the supported spouse, death of either party, or further court order. This language can create a support order that will last in perpetuity until one of the above listed conditions occurs.

The amount of money the supported spouse receives is determined by the marital life style of the parties and the ability of the supporting spouse to pay. It is very important for both the supporting spouse and the supported spouse to make sure the marital life style is accurately determined. A mistake in this part of the analysis can lead to a support order that is too high or too low.

The court should look at the income of the parties, their life styles during the time of the marriage which should include how many cars they owned, what kind of cars they had, if they traveled, had very lavish spending habits, or if the parties were very frugal. All of these factors and many more are considered by the court in determining the marital life style. The area where the parties live is also important. Generally, it may be more expensive to live in Orange Countyversus Riverside County of San Bernardino County. And some areas in Los Angeles might be even more expensive. Thus, the court may also consider where the parties lived in order to determine how much is needed to maintain that marital standard of living.

Of course, these are very simple generalizations of a very complex area of law and divorcing spouses are wise to seek legal advise and further consultation on this issue.

For a case evaluation and a free consultation with one of our experienced and aggressive attorneys call us at (800) 589-9901.

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