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Joseph R. Zoucha, Attorney & Counselor at Law

Redwood City, California Family Law Blog

The purpose of post-divorce modifications

When the parties to a marriage reach the termination of their negotiations and settle their issues, they may feel as though they have completed their dealings with their soon-to-be exes. In some cases, this may be true and the parties may not have to address legal issues between them ever again. Unfortunately, many individuals who go through divorces will experience changes in their lives that may necessitate post-divorce modifications.

A post-divorce modification is a change to an existing court order that establishes new terms. For example, some co-parents may need to seek post-divorce modifications to their child custody orders if they must move for work or alter their visitation time because of new circumstances in their lives. When children are involved, courts often seek to protect their best interests when making post-divorce modifications.

Providing child support can be useful but frustrating

Getting a divorce may have been what was best for your family. You and your ex-spouse may simply have not gotten along well any longer or generally felt that ending the relationship was in everyone's best interests. Still, you knew that the divorce would have effects on your children and your financial situation.

In particular, the court may have ordered you to pay child support. You may have anticipated this outcome because you earn more money than the other parent or because you spend less time with the kids per the custody arrangement. Of course, that does not mean that providing financial support will not have its difficulties.

What is parenting time interference?

The bonds between parents and their children are often strong and easily endure challenges and hardships. However, life events like divorce can put strains on those connections and create difficulties for individuals in changing personal relationships. A divorce between California parents does not release them from their responsibilities to their kids, but, in some cases, divorced parents can struggle to find balance with the time they and their exes share with the children.

When conflicts arise in the context of child custody and visitation, parents may seek the intervention of the courts to help them restore order into their kids' lives. Additionally, if a parent believes that the other parent is interfering with their parenting time, they may elect to find out more about the law and how it can help them. Attorneys who practice family law are well-suited to advise parents in this difficult situation.

What makes property separate during a divorce?

In marriages, it is not uncommon for spouses to share what they earn and make purchases together. California couples may benefit from pooling their financial resources so they can have stronger spending power and more flexibility when it comes to acquiring what they need. Sharing during marriage is normal, but when a relationship is subject to a divorce, it can be tough to decide which partner should take which items of property.

California follows community property principles when dividing and distributing marital property. However, not all property is classified as marital. When a person is able to demonstrate that particular items of real, personal, and financial property are exclusively theirs, they may be able to leave their marriages with those assets intact.

When alimony consists of a single payout

Alimony is a legal obligation that exists between formerly married individuals in California. A person may be required to provide their ex-spouse with money for a period of time after their marriage is over. Many factors, like the age and health of the parties, will influence whether alimony is awarded and how much should be provided to the recipient spouse.

While in some cases alimony becomes a long-term commitment between exes, for others, alimony may be managed through a single lump sum payment. This form of alimony is completed upon the receipt of a single lump sum payment to the recipient and is often used in place of full property settlement agreements between the divorcing parties.

Legal custody for California parents

Child custody is an important and complicated area of family law. When California parents have questions about how the custody of their children will be resolved when they separate or divorce, they should consider seeking counsel from trusted local attorneys. This post briefly discusses one type of child custody - legal custody - but should not be used as independent legal advice.

Unlike physical custody, which deals with the important matter of where a child will live and which parent will be responsible for their day-to-day care, legal custody concerns the intangible responsibilities that every parent must uphold. For example, the decision to submit a child to a medical procedure or to enroll them in lessons to become part of a church are matters that parents may choose or not choose to undertake as a course of action. A parent who has legal custody may have a voice in these and other important matters; a parent who loses legal custody may not enjoy this power.

What grounds for divorce may be used in California?

Divorce is a legal event. Though many Californians may think about the financial and emotional components of ending marriages, at its core a divorce is the legal termination of a relationship. If a couple is not legally married then their separation does not require a court's approval to be terminated. In order for a court to get involved in a couple's relationship and bring it to its end there must be grounds, or a basis, for the marriage to end.

Other jurisdictions may recognize fault grounds for divorce. These grounds, like adultery or incarceration, place the blame for the end of a marriage on one of the parties. In California it is not necessary for individuals to identify fault grounds to end their marriages. They must only be able to show that their relationships are marred by irreconcilable differences.

What factors determine child support?

There are many factors to have concerns about when getting a divorce. Numerous personal matters will change, and you may have specific concerns about how your finances will change after you end your marriage. This issue affects many people, and if you have children, you may wonder about child support in particular.

Whether you anticipate receiving child support or having to pay it, you likely want to know what the court will consider when determining a support amount. Though California has its own method for determining child support, some common factors span across the country.

Understanding the end of a child support obligation

Parents in California are required to provide for their children's needs. This can mean paying for their basic requirements, like keeping roofs over their heads and food in their bodies. When parents live together, they may easily share child-rearing duties. However, when parents separate, it can become much harder for them to share in their required parenting tasks.

Child support is a legal obligation that courts create when parents must share in the financial aspects of caring for their kids. After assessing the parents' incomes and options for providing for their kids, the court will assign payment schedules to ensure that the custodial parents have enough money to get their children what they need. Different child support orders can take on different characteristics, and, for that reason, parents should discuss with their attorneys just what might happen when their child support orders are created.

Helping you reach a fair property settlement in a divorce

Ending a marriage is not an easy process; however, it is one that many spouses in California and elsewhere must work through when a marriage is no longer working. Whether it has begun with high conflict or disputes arose later on during the process, the reality is that divorcing spouses are likely to not agree on everything. In fact, property division is one of the most contentious divorce issues, as spouses often do not see eye-to-eye when it comes to divvying up property.

No matter the length of one's marriage, ending a union can be complex, confusing and emotional. This is where the attorneys at Joseph R. Zoucha, Attorney & Counselor at Law, can provide assistance. Our law firm is focused on explaining property rights to our clients in the Redwood City area, ensuring they make well-informed decisions when it comes to reaching a divorce settlement.