Monthly Archives: October 2024

Are Ex Parte Hearings Common?
Domestic Violence, Legal Separation, Marriage, Restraining Order, Termination of Parental Rights

Are Ex Parte Hearings Common?

Ex parte hearings, also known as emergency hearings, are common in family law cases. These hearings allow one party to request immediate court intervention without the other party being present. They are typically used in urgent situations where waiting for a regularly scheduled hearing would cause irreparable harm. CA Certified Family Law Specialist Judy L. Burger shares some vital insights about emergency hearings.

What Is An Ex Parte Hearing?

The term “ex parte” comes from Latin and translates to “from one party.” It refers to a request made by one party to present evidence to the court with minimal or no notice to other involved parties. In California, these hearings are allowed in cases where there is an imminent threat of significant harm, and immediate action is necessary to prevent it.

Ex parte hearings are not meant to bypass the regular legal process. Instead, they are intended to address urgent matters that cannot wait for a scheduled hearing. The party requesting the ex parte hearing must demonstrate to the court that a genuine emergency requires immediate attention.

These hearings are subject to specific legal procedures and requirements and are typically granted only when there is a compelling reason to do so. The party requesting the hearing must provide clear and convincing evidence to support their request, and the court will carefully consider the potential impact of granting the emergency relief.

When Should I Request an Ex Parte Hearing?

Family disagreements can quickly escalate. Relationships can sour and become highly emotional. Child custody discussions between parents can sometimes become tense or even escalate to violence. In California family court, if you anticipate that discussions could become volatile or if you feel threatened, you have the option to request an ex parte hearing. In such a hearing, the court may grant emergency orders to protect you and your child, even in the absence of the other parent or party, if there is sufficient evidence to support your request.

Common reasons to request an ex parte hearing include the following:

  1. To Protect a Child: Ex parte emergency orders are typically granted when there are allegations of child abuse, neglect, a threat of abduction, or other similar reasons when a child would need legal protection from serious harm.
  2. To Prevent Physical Harm: Ex parte orders can be granted to protect an adult from possible domestic violence or other causes of imminent and serious harm. Preventing a personal injury from a previously violent person is a justifiable cause for an ex parte emergency order of protection. This includes if one parent threatens harmful actions if a sole custody petition is filed with the court.
  3. To Prevent Financial Harm: Ex parte orders can also be requested if significant financial harm is imminent, threatened, or otherwise could cause serious loss to the victims. An example would be when one party claims a spouse is willfully destroying joint-owned property, leaving the first party without a means of support.

While ex parte hearings are relatively common in family law cases, they are reserved for urgent situations that require immediate court intervention. If you believe that you have a legitimate need for an ex parte hearing, it’s crucial to seek legal advice and assistance to ensure that your rights are protected and that the court fully understands the urgency of your situation.

California Ex Parte Hearings Attorney

In cases where custody matters are at risk due to impending harm or violence, or you feel threatened in any way, the Law Offices of Judy L. Burger can assist you in obtaining ex parte orders. If you find yourself in a situation where you or your child are facing abuse or feeling threatened, it is crucial to act.

A temporary restraining order may be necessary to safeguard you and your child from an abusive or manipulative spouse or parent. For immediate assistance in obtaining a restraining order, please reach out to the Law Offices of Judy L. Burger, which has eight offices across California to serve you.

 

How Can Temporary Orders Affect a Property Division?
California Divorce, Property Division

How Can Temporary Orders Affect a Property Division?

Temporary orders are court-issued directives that are put in place to govern certain aspects of the divorce until a final settlement is reached. Don’t underestimate their importance – they significantly impact your immediate future and can influence the final decisions on your divorce. How do temporary orders affect a property division? CA Certified Family Law Specialist Judy L. Burger shares some vital insights.

What Are Temporary Orders?

Temporary orders can significantly impact property division during divorce proceedings. These orders may cover a wide range of issues, including child custody, spousal support, and the use of marital assets.

When a couple separates, a judge has the authority to issue temporary orders, also called “pendente lite” or “PL orders.” These orders can address any significant issues that the couple needs a court order for during the divorce proceedings. Temporary orders enable the couple to live separately and begin dividing their marital assets before the final divorce decree is issued.

Because family law cases typically progress in stages, temporary orders are issued during the intermediate steps between the start of the case and the final order. These temporary orders may become part of the final order or be included as attachments.

Temporary Property Division Orders

Temporary orders can affect the distribution of assets and debts in several ways regarding property division.

  1. Use of Marital Assets: Temporary orders may dictate how marital assets, such as the family home, vehicles, and bank accounts, will be used during the divorce process. For example, the court may decide which spouse gets to remain in the marital home or how joint bank accounts are to be managed while the divorce is pending. Consequently, it would be best to consider whether it’s a good idea to allow your spouse to have the house as part of a temporary order while you move out. This is because courts may consider the current living arrangements when making a final decision.
  2. Financial Support: Temporary orders can also address financial support during the divorce proceedings. This may include temporary spousal support or an order for one spouse to contribute to the other’s living expenses. These financial arrangements can impact the funds available for property division once the divorce is finalized.
  3. Debt Responsibility: Temporary orders may allocate responsibility for paying marital debts while the divorce is ongoing. This can affect each spouse’s financial standing and ability to take on additional debt or acquire assets during divorce.
  4. Asset Preservation: In some cases, temporary orders may include directives to preserve certain assets during the divorce proceedings. This can be particularly important for high-value assets, business interests, or investments that require protection until a final property division is determined.
  5. Impact on Final Settlement: It’s important to note that the decisions made in temporary orders can influence the final property division settlement. For example, if one spouse exclusively uses the marital home during the divorce, this may be considered when determining how other assets are divided.

Get Help with Temporary Orders in Your CA Divorce Property Division

It’s crucial for individuals going through a divorce to understand the implications of temporary orders on property division. Consulting with a highly qualified family law attorney like Judy Burger can provide clarity on how temporary orders may impact the division of assets and debts. Her experienced legal guidance can help individuals navigate the complexities of temporary orders and work towards a fair and equitable property division settlement.

Temporary orders play a significant role in shaping the property division process during a divorce. Understanding how these orders impact the use of marital assets, financial support, debt responsibility, asset preservation, and the final settlement is essential for individuals seeking a fair outcome in property division. Judy Burger can provide valuable support and guidance in navigating the complexities of temporary orders and their implications for property division.

To schedule a consultation, contact us at the nearest office in Gold River, San Francisco, Silicon Valley, Beverly Hills, San Diego, Ventura, San Rafael, or Santa Barbara.

Preparing for Life with Shared Child Custody
California Divorce, Child Custody

Preparing for Life with Shared Child Custody

Shared child custody is a significant aspect of family law in California, and it’s crucial to be well-prepared for this arrangement to ensure the well-being of your children. When parents separate or divorce, shared custody can provide stability and continuity for the children’s upbringing. Certified Family Law Specialist Judy L. Burger shares some essential considerations to prepare for life with shared child custody in California.

Understanding Shared Child Custody

Shared child custody, also known as joint physical custody, involves both parents sharing significant and roughly equal amounts of time with their children. This arrangement aims to ensure that both parents play an active role in raising and caring for their children.

Shared physical custody is not the same as shared legal custody. In shared legal custody, both parents share the rights and responsibilities for making important decisions about the children. Sharing physical custody means that both parents create a working arrangement where the children live with each parent some of the time.

While the courts operate on a general 50-50 basis, parents must decide what works best for their family. Child Custody Attorney Judy Burger can help you create the most feasible arrangement. Here is how she can help:

Create a Co-Parenting Plan

Developing a comprehensive co-parenting plan is essential for shared child custody. The plan should outline the specific schedules for when the children will be with each parent, including weekdays, weekends, holidays, and school breaks. It should also address decision-making responsibilities regarding the children’s education, healthcare, and extracurricular activities.

Promote Effective Communication

Effective communication between co-parents is vital for the success of shared child custody. Open and respectful communication can help in coordinating schedules, addressing concerns about the children, and making important decisions together. Utilizing various communication tools and platforms can facilitate ongoing, positive interaction.

Prioritize the Children’s Best Interests

In shared child custody, both parents must prioritize the best interests of their children. Judy Burger can help foster a nurturing and supportive environment in both households, encourage the children’s relationships with both parents, and maintain consistency in parenting approaches.

Addressing Child Support and Expenses

In shared child custody, child support arrangements and the allocation of expenses should be clearly defined. Both parents should agree on how they will share the financial responsibilities of raising their children, including costs related to education, healthcare, extracurricular activities, and other needs.

Flexibility and Adaptability

Shared child custody requires flexibility and adaptability from both parents. It’s essential to be open to adjusting schedules and arrangements as the children’s needs and circumstances evolve. Collaborating and making compromises can contribute to a successful shared custody experience.

Seek Legal Guidance for Child Custody Matters in CA

Navigating shared child custody arrangements can be complex, and legal guidance is essential. CA Certified Family Law Specialist Judy Burger is a knowledgeable attorney who can help you understand your rights, obligations, and options under California family law and prepare the best shared custody arrangement for your children’s best interests.

Preparing for life with shared child custody in California involves careful planning, effective communication, and prioritizing the children’s well-being. Parents can navigate shared custody arrangements with greater confidence and clarity by creating a solid co-parenting plan, promoting positive communication, and seeking legal guidance when needed.

Because each family’s situation is unique, it’s essential to tailor the shared custody arrangement to fit your family’s specific needs and dynamics. Judy Burger begins with the right approach and a focus on cooperation to help your family create and enjoy a stable and nurturing environment for children to thrive despite their parents living in separate households. Contact us at the nearest office to learn more in a confidential consultation. 

Child Support and My 2024 Taxes
Child Support, Debt

Child Support and My 2024 Taxes

Child support is a significant obligation that the State of California takes very seriously. Payers and recipients must follow established guidelines to meet legal requirements and adequately provide for their families. Questions often arise about how child support affects federal and state income taxes. Certified Family Law Specialist Judy L. Burger shares more about child support and your taxes for 2024.

Child Support 101

In California, child support is an important element of family law that provides for the welfare of children following their parents’ separation or divorce. Child support is calculated using a detailed formula that considers the income difference between parents and the amount of time the higher-earning parent spends with the children.

If there is a significant income gap and the higher-earning parent has less parenting time, they are typically required to pay more in child support. This guideline is used in a range of situations, such as divorces, cases involving unmarried parents, dissolution of domestic partnerships, and requests to modify existing support orders.

California Child Support Attorney Judy Burger can help you calculate your child support obligation and handle other matters pertaining to divorce, custody, and spousal support.

How Does Child Support Affect Taxes?

When it comes to child support and taxes, there are a few key points to keep in mind:

Generally, paying or receiving child support does not impact your tax burden. If you’re unsure about how child support may impact your taxes, it’s always a good idea to consult with a tax professional who can provide personalized advice based on your specific situation.

Child Support Modifications and Taxes

It’s important to note that if your income changes by 20% or more, a review may be required to determine whether it affects the amount of child support you need to pay or receive. This can also impact how you calculate your tax burden. Income changes that can warrant support modifications include:

  • Increases: Increases may raise your payments.
  • Decreases: Decreases may reduce your payments depending on the nature of the decrease.
  • Job loss: If a parent loses a job, the court may temporarily reduce payments until they secure new employment, then make a more permanent determination.
  • Self-employment: This type of employment can fluctuate, requiring adjustment or modification.
  • Retirement: This often makes significant changes in income, usually decreases, and will require an adjustment.

Any changes to child support payments must be agreed upon by both parents and approved by the court. Remember, regardless of any increases or decreases in your obligations, child support is not deductible on California or federal taxes for either the payor or the recipient. It’s advisable to seek the assistance of family law attorney Judy Burger to navigate this process and ensure that your child’s best interests are met.

California Child Support Attorney

When you need help from a California Child Support Attorney, choose Judy L. Burger. As a Certified Family Law Specialist, she has the knowledge, tools, and experience to help you with complex support, custody, and maintenance issues that impact your family’s well-being. We have eight offices throughout The Golden State for your convenience. Contact the one nearest you to schedule a consultation today.

Establishing Paternity in California
Child Custody, Child Support, Termination of Parental Rights

Establishing Paternity in California

Establishing paternity, or legal fatherhood, is an important step with significant legal and personal implications. In California, when a child is born to unmarried parents, it’s crucial to establish paternity to secure the child’s rights and access to essential benefits.

Attorney Judy L. Burger is a Certified Family Law Specialist in California who can explain more about paternity and father’s rights and help you be treated fairly in child custody negotiations. Here are some important details about establishing paternity in California.

How Can Fathers Establish Paternity in CA?

There are three ways to establish paternity in California:

  1. Voluntary Declaration of Paternity (VDP): Unmarried parents can sign a VDP form at the hospital when the child is born or at a local child support agency, ensuring both parents’ names are included on the birth certificate. This simple voluntary process establishes the legal relationship between the father and the child.
  2. Genetic Testing: If paternity is disputed, genetic testing can be requested to determine the biological father. This typically involves a simple and painless procedure, such as a cheek swab, and is highly accurate in identifying paternal relationships. However, the judge will look at a number of things, not just genetics, to decide if someone is a legal parent. A judge can determine (decide) someone is a child’s legal parent even if they are not genetically related.
  3. Court Order: If disagreements or disputes arise regarding paternity, a court can intervene to establish paternity. This often involves genetic testing and legal proceedings to determine the child’s legal father.

When a birth mother and a potential father dispute paternity, the birth mother or the father may file a Petition to Establish a Parental Relationship and formally open a parentage case before the court. A CA family law judge will review the evidence presented in court and establish or deny paternity.

If you received a Petition to Determine a Parental Relationship and a Summons, someone is asking a judge to determine if they or you are the legal parent of a child. Contact The Law Offices of Judy L. Burger for counsel and assistance.

Why is Establishing Paternity Important?

Establishing paternity offers numerous benefits for the child, mother, and father:

  • Child Support and Financial Benefits: Once paternity is established, the child gains access to financial support, including child support, health insurance, and potential inheritance rights.
  • Legal Rights: The child gains legal rights to inheritance, Social Security benefits, and possibly veterans’ benefits, as well as the ability to access the father’s medical history for healthcare purposes.
  • Emotional and Psychological Benefits: Knowing both parents can positively impact the child’s emotional and psychological well-being, contributing to a sense of identity and stability.
  • Medical History: Access to the father’s medical history can be crucial for the child’s healthcare needs, allowing for a complete understanding of potential genetic conditions or health risks.

It’s important to note that once paternity is established, it can have far-reaching legal implications, including custody and visitation rights. Hence, it’s essential to approach the process thoughtfully and seek the best available legal advice.

Contact a Certified Family Law Specialist

Establishing paternity in California is a critical step that benefits the child, parents, and family as a whole. By establishing legal fatherhood, children can access essential benefits and resources while building a meaningful connection with both parents. If you’re navigating the process of establishing paternity, Judy Burger is a highly qualified family law attorney who can work hard to ensure the best possible outcome for all involved parties.

We have eight offices across California, including in San Francisco, Ventura, Silicon Valley, Oxnard, and Santa Barbara. Contact us today to schedule a free initial consultation to learn more.

 

When Does a Threat Become Domestic Violence?
Domestic Violence, Restraining Order

When Does a Threat Become Domestic Violence?

“What is a threat?” “Can a threat be considered domestic violence, or is freedom of speech a factor?” “How do I know if I’m being threatened?” These are common questions family law attorneys get asked by clients in troublesome relationships. 

Understanding the threshold at which a threat becomes domestic violence is crucial for recognizing and addressing abusive behavior in relationships. In California, domestic violence encompasses a range of abusive actions, including threats that create a climate of fear and intimidation. It’s important to be informed about when a threat crosses the line into domestic violence and the legal protections available to those affected.

Certified Family Law Specialist Judy L. Burger addresses threats and how they relate to charges of domestic violence in California.  

What Is Domestic Violence?

The United States Department of Justice defines domestic violence as: “Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

The California Family Code defines domestic violence as abuse perpetrated against an “intimate partner” or family member. This can include spouses, former spouses, cohabitants, individuals in dating relationships, parents, and children. While physical violence often comes to mind first, domestic violence also encompasses emotional and psychological abuse, including threats of harm.

  1. Direct threats: “I’ll kill you…”
  2. Indirect threats: “You’ll be sorry…”
  3. Implied threats: “What if something happened to you…”

In the context of domestic violence, a threat can be considered abusive if it instills fear, apprehension, or intimidation in the victim. Even if the threatened harm does not materialize, the impact on the victim’s emotional well-being is considered.

Legal Domestic Violence Protections

California law offers legal remedies to address domestic violence threats. One important avenue is obtaining a Domestic Violence Restraining Order (DVRO). A DVRO is a court order that provides protection to victims of domestic violence by prohibiting the abuser from contacting or approaching the victim. It can also include other provisions, such as ordering the abuser to move out of the shared residence and to stay away from certain locations, including the victim’s workplace or children’s school.

Our office can also help you when gun violence restraining orders are necessary. Contact one of our eight California offices to learn more.

Get Help with Domestic Violence Crimes In California

When it comes to threats and domestic violence, it’s essential to take any indication of harm or intimidation seriously. If you are in immediate danger, it’s important to contact law enforcement. You should never hesitate to act when you believe you or your child are victims of domestic violence.

When you or your child experience abuse or feel threatened, that is the time to act. Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order.

Recognizing when a threat crosses the line into domestic violence is a critical step in addressing and preventing abusive behavior within relationships. Certified Family Law Specialist Judy Burger can help you be informed about legal definitions and available remedies so you can proactively protect yourself and your loved ones from the harmful effects of domestic violence threats. If you or someone you know is experiencing domestic violence, get help now.

You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.

Exploring Inheritances and Community Property Rules in a CA Divorce
California Divorce, Property Division

Exploring Inheritances and Community Property Rules in a CA Divorce

Navigating the complexities of community property and inheritances in a California divorce can be challenging. Understanding how these assets are treated under California law is crucial for anyone going through a divorce involving inheritances and community property.

Certified Family Law Specialist Judy L. Burger explains how community property rules affect inheritances in a California divorce.

Community Property

California is one of the few community property states in the United States. In community property states, most assets and debts acquired during the marriage are considered community property, belonging equally to both spouses, regardless of who acquired them.

Community property includes income earned during the marriage, real estate purchased during the marriage, other assets acquired, and debts incurred by either spouse during the marriage. In the event of a divorce, community property is typically divided equally between the spouses, although there can be exceptions based on specific circumstances.

Inheritances and Separate Property

Inheritances and gifts received by one spouse are considered separate property in California. This means that if one spouse receives an inheritance or gift during the marriage, it is generally not considered community property and belongs solely to the recipient.

However, commingling separate property with community property can complicate matters. For example, if an inheritance is deposited into a joint bank account or used to purchase a marital home, it could lose its status as separate property and become subject to division as community property.

Transmutation is the process by which separate property becomes marital or community property. This can occur when separate property is mixed with community property or when both spouses agree to treat certain separate property as community property. Transmutation can also happen through a written agreement signed by both spouses.

How Can You Protect An Inheritance?

It’s crucial to ensure that an inheritance remains distinct from marital assets to safeguard it from being considered communal property. This may require placing the inheritance in a separate account, refraining from mixing it with communal assets, and maintaining thorough records of the inheritance and its utilization. Another way to protect an inheritance given to one spouse is to place it into a trust.

Individuals can also consider signing a prenuptial or postnuptial agreement to safeguard inheritances from property division during a divorce. These legal agreements provide clear guidelines for property division and outline how inheritances will be handled in the event of a divorce. By defining the property statuses and the rights and responsibilities of each spouse, these agreements can protect inheritance rights.

The court may exercise its own discretion in cases involving fairness and equitable distribution. Even if an inheritance is considered separate property, the court has the power to modify the allocation of assets to ensure a just outcome. This may involve assigning a more significant share of other marital assets to the spouse who did not inherit to achieve a balanced division of property.

Seek Legal Guidance from an Experienced CA Property Division Attorney

Given the complexities of inheritances and community property rules in California, seeking guidance is advisable. Certified Family Law Specialist Judy L. Burger is experienced in handling complex divorce and property division cases. She can provide valuable insight into how to protect separate property, navigate the division of assets, and ensure that your rights are protected throughout the divorce process.

Understanding the treatment of inheritances and community property under California law is crucial for individuals going through a divorce. Get informed and seek legal counsel to protect your separate property. Contact The Law Offices of Judy L. Burger in California to get seasoned help navigating the complexities of divorce involving inheritances and community property.

 

Family Lawyer or Certified Family Law Specialist?
California Divorce, Child Custody, Child Support, Domestic Violence, Legal Separation, Property Division, Restraining Order, Spousal Support, Termination of Parental Rights, Termination of Parental Rights, Visitation

Family Lawyer or Certified Family Law Specialist?

When family law matters occur, you need a family lawyer, right? But what about complex situations? A Certified Family Law Specialist is just that – a certified specialist who handles complicated and difficult family law cases. When you have a heart problem, you don’t want a general practitioner; you want a heart specialist. Similarly, when your family has serious problems, turn to a CA Certified Family Law Specialist like Judy L. Burger.

What Is a Certified Family Law Specialist?

A Certified Family Law Specialist is an attorney who has been certified by the State Bar of California Board of Legal Specialization as having expertise in the area of family law. This certification is only awarded to attorneys who have demonstrated a high level of experience, proficiency, and commitment to family law through a rigorous process that includes examination and peer review. Certified Family Law Specialists are recognized for their specialized knowledge and proficiency in handling complex family law matters, including divorce, child custody, spousal support, complex property divisions, and other related issues.

A Certified Specialist Has Extensive Experience in Complex Cases

Certified Family Law Specialists are required to maintain their expertise by handling complex family law cases in order to expand their knowledge and experience. To maintain their certification, they must undergo recertification every five years, which involves completing additional continuing education and applying their extensive knowledge to assist California families.

A CFLS will have considerable experience with:

  • Divisive legal separations after a long marriage
  • Difficult divorces where the parties cannot agree on anything
  • Military divorces where both parties are actively serving
  • Complex business valuations where both spouses are owners
  • Sophisticated property divisions involving retirement and other investments
  • Heated mediations over support agreements
  • Emotionally charged situations involving different family backgrounds
  • Intense negotiations involving children and custody
  • Heart-wrenching discussions over grandparents’ rights
  • Litigating difficult child custody and support cases
  • Ex parte “emergency” hearings to stop or prevent abuse
  • Domestic violence assistance for spouses and children
  • Complex paternity issues for fathers
  • Completing and filing voluminous paperwork
  • More…

Experienced and highly knowledgeable in family law, Judy Burger, a Certified Family Law Specialist, brings a wealth of expertise and legal acumen to the table. Her extensive education, years of practical experience, and specialized certification make her an ideal choice for obtaining the results you seek in your family law matters.

A Family Law Generalist May Not Be Enough

Difficult family law matters are often mentally and emotionally challenging. The possible complexities and problems are legion and no two cases are alike. A general family law attorney may know the law, but highly charged issues with layers of complexity can be beyond their level of expertise. Realizing your lawyer is out of his or her depth in the middle of your divorce, child custody battle, or other personal matter is far too late. You could risk:

  • Losing custody
  • Limited visitation rights
  • Surrendering valuable assets
  • Burdensome support agreements
  • Your personal safety
  • Your family’s welfare
  • Your reputation
  • Your future

An experienced CFLS like Judy Burger encounters tough cases on a regular basis, so she has experience and resources a general family law attorney simply doesn’t have. If you anticipate a volatile situation in the making, now is the time to see a specialist for seasoned guidance, advice, and representation.

Don’t risk your safety, your family, or your future. Contact The Law Offices of Judy L. Burger, Certified CA Family Law Specialist, to schedule a consultation today. Our team is prepared to go above and beyond what a mere family lawyer can do for you!

 

What Military Families Should Know About the Servicemembers Civil Relief Act (SCRA)
California Divorce

What Military Families Should Know About the Servicemembers Civil Relief Act (SCRA)

Military service families endure complex challenges far different from those of civilians. Sudden and frequent separations and extended time away from home cause significant hardships. The federal government has passed legislation to help support military families when facing service-related civil issues, and one of the most vital laws is the Servicemembers Civil Relief Act (SCRA).

California Certified Family Law Specialist Judy Burger shares more about this important act and how it helps military families.

What is the SCRA?

The Servicemembers Civil Relief Act (SCRA) is a federal law protecting military members as they focus on their national duties. The act aims to ease the financial and legal burdens arising during active duty, ensuring that service personnel can commit fully to their responsibilities without worrying about certain civil obligations.

Among the vital and helpful provisions of the SCRA are:

  • The interest rate cap. Under this provision, active-duty service members are entitled to have the interest rate on any pre-existing loans or debts reduced to a maximum of 6% while on active duty. This applies to obligations incurred before entering military service.
  • Protection from eviction. This provides legal safeguards against eviction without a court order for military members and their families who rent a property that does not exceed a certain monthly rental amount. This protection helps ensure military families have a stable place to live during service commitments.
  • Lease terminations. The law allows service members to terminate residential or vehicle leases early if they receive orders for a permanent change of station (PCS) or deployment for 90 days or more. This flexibility enables military families to adapt to the demands of their service without being unduly burdened by lease commitments.
  • Deferred income taxes. If your ability to pay income tax is materially affected by military service, the Internal Revenue Service and state and local taxing authorities are required to defer your income taxes due before or during your military service. This deferral does not accrue interest or penalties.
  • Property repossession protection. Under the law, property cannot be repossessed or a contract terminated due to nonpayment or payment gaps before or during military service without a court order.

There are other protections relating to phone service, auto leases, life insurance, small businesses, and voting rights.

The SCRA and Family Law – Divorce Matters

Two of the most important SCRA provisions affect family law and divorce matters:

  1. Delayed Civil Court Proceedings: Certain contractual obligations, including bankruptcies, foreclosures, divorce, paternity, and child support proceedings, can be deferred or suspended for 90 days. Judges may also grant additional 90-day extensions when warranted. Criminal court matters are not covered in this provision.
  2. Default Judgement Protection: While you’re on active duty, if a civil action, civil proceeding, or administrative proceeding is filed against you, the judge is required to appoint a lawyer to represent you in your absence. The court must also grant a delay of at least 90 days if it believes there may be a defense to the action that cannot be presented without your attendance.

Family Law Attorney Judy Burger wants military families to be aware of their rights under the SCRA and can help them assert these rights when facing family law matters like divorce, child custody, and child support hearings. She is an experienced and compassionate California lawyer accustomed to helping military members and their families navigate family law matters more effectively during active duty.

CA Family Law Advocate for Military Families

The Servicemembers Civil Relief Act is a vital resource for military families, providing essential protections that contribute to the well-being and stability of those who serve in the armed forces. If you are serving in the military in California and require family law assistance, contact The Law Offices of Judy L. Burger. We have eight locations throughout The Golden State for your convenience.