Monthly Archives: January 2025

Reviewing My Parenting Plan for 2025
Child Custody, Child Support, Grandparent Rights

Reviewing My Parenting Plan for 2025

As we enter the New Year, it’s a great opportunity to reflect on and reassess parenting goals and strategies. Begin 2025 by reviewing and enhancing your parenting plan. Whether you’re navigating co-parenting, single parenting, or simply striving to be the best parent possible, reviewing your parenting plan can help ensure that your children have a stable and supportive environment.

CA Certified Family Law Specialist Judy L. Burger explores some recommendations for reviewing and improving your current parenting plan.

Understanding the Current Landscape

The first step in reviewing any parenting plan is to assess how well the current plan has worked for your family in the past year. Here are some critical factors to reflect on:

  • Routine and Structure: Did your daily routines provide enough stability for your children? Are there areas where you need to introduce new routines or tweak existing ones?
  • Emotional Well-Being: How did your children cope with emotional challenges, whether those stemmed from school, friendships, or family dynamics? Are you fostering an environment where they feel comfortable expressing their feelings?
  • Successes and Challenges: What worked well, and what didn’t? Make a note of both triumphs and struggles, from successful family activities to the challenges of juggling schedules.

Other issues you may need to address include changes in your work or living situation, changes in the other parent’s situation, new conflict or tension between parents, or any concerns for your child’s safety. California Family Law Attorney Judy Burger can help you review these and other aspects of your current court-filed parenting plan.

Setting Goals for 2025

Once you’ve established a clear picture of where you are, it’s time to set some goals for the upcoming year:

  1. Enhancing Communication: Effective communication is key. How can you create or improve open channels where your children feel safe discussing their thoughts and feelings? This may involve setting aside dedicated time each week for family discussions.
  2. Nurturing Independence: Children need opportunities to explore independence as they grow. How can you introduce more age-appropriate responsibilities to help them develop confidence and decision-making skills?
  3. Prioritizing Quality Time: Busy schedules can make it challenging to prioritize quality family time. How can you schedule regular family outings, game nights, or even quiet evenings at home?
  4. Educational Support: Education is an ongoing journey. Evaluate how you can best support your children academically, whether that means being more involved in their school activities, seeking additional resources, or simply providing a conducive homework environment at home.

Life is unpredictable, and plans can change. Flexibility is an absolute must. Just because something has worked in the past doesn’t mean it will work in the future. Be open to adapting your parenting plan as necessary to navigate any unexpected challenges that might arise. Child Custody Attorney Judy L. Burger can offer professional advice when circumstances seem overwhelming or schedules always seem to conflict. She can provide insights and strategies tailored to your unique family dynamics.

Get Help with Your CA Parenting Plan

Reviewing your parenting plan for 2025 is about reflecting on the past, setting goals for the future, and fostering an environment of love, support, and growth for your children. Remember, your parenting plan is filed with the court and becomes a legally binding agreement, so any changes must be resubmitted to the court for approval.

Judy Burger can help you evaluate what works and what doesn’t while offering advice on remaining flexible in your approach as you create a fulfilling and balanced family life. Contact one of our eight offices across California to schedule a consultation.

Top Tips for the Smoothest Property Division
California Divorce, Property Division

Top Tips for the Smoothest Property Division

Dividing property during a divorce can be one of the most challenging and potentially problematic aspects of the process. Disagreements and misunderstandings can lead to serious mistakes and costly court battles. However, with careful planning and guidance, you can achieve a fair and equitable property division.

California Certified Family Law Specialist Judy L. Burger offers ten essential tips to help you navigate property division smoothly.

Property Division Top 10 Tips

Property division is typically the most problematic aspect of any divorce, but it doesn’t have to be like that; get informed and equipped for negotiations with these simple tips.

1. Know What Property is Marital vs. Separate

Because California is a community property state, separate and marital property is handled differently during a divorce:

  • Marital Property: Generally includes assets and debts acquired during the marriage. Familiarize yourself with your state’s laws regarding marital property to understand what will be subject to division.
  • Separate Property: Typically includes assets owned before the marriage or received as gifts or inheritances during the marriage. Clearly identify what qualifies as separate property.

2. Create a Comprehensive Inventory

List all assets and liabilities, including real estate, bank accounts, investments, retirement accounts, vehicles, inheritances, and personal property. This inventory will serve as the foundation for discussions and negotiations. Be honest and thorough to avoid complications later.

3. Assess the Value of Your Property

Get accurate valuations for significant assets. Consider hiring professionals, such as appraisers or financial experts, to provide credible assessments of property values. Knowing exactly what your assets are worth will aid in fair negotiations.

4. Understand the Impact of Debts

Property division is not solely about assets; consider debts too. Outstanding mortgages, credit card balances, and loans must also be addressed. Decide how to equitably divide the debts alongside the assets to avoid future financial burdens.

5. Prioritize Open Communication

Honest and respectful dialogue with your ex can lead to smoother negotiations. Discuss your priorities and concerns regarding property division directly. Aim for a collaborative approach rather than an adversarial one to create a more amicable environment.

6. Consider Mediation or Collaborative Law

If negotiations are challenging, consider using mediation or collaborative law services. These alternatives to traditional litigation can help both parties reach a mutually acceptable agreement with the support of professionals. Mediation can often lead to quicker resolutions and reduced stress.

7. Be Realistic with Your Expectations

Understand that compromise is often necessary in property division. Be willing to negotiate and prioritize what is most important to you, which can facilitate smoother discussions. Focus on equitable, not necessarily equal, division based on your specific circumstances.

8. Keep Emotion in Check

Property division can bring up strong emotions tied to relationships and memories. Strive to keep emotions separated from negotiations to make rational decisions. Take breaks if necessary and seek support from friends, family, or professionals to help manage stress.

9. Document Everything

Keep a record of all communications, agreements, and transactions regarding property division. This documentation can be invaluable if disputes arise later. Ensure that any agreements are formalized in writing and filed with the court if applicable.

10. Consult a CA Certified Family Law Specialist

Engage with CA Certified Family Law Specialist Judy Burger. She can provide valuable advice specific to your situation and ensure your rights are protected during the process. She can also help you understand state laws and guide you through negotiations and court proceedings if necessary.

Navigating the complexities of property division during a divorce doesn’t have to be overwhelming. By following these tips and seeking professional guidance throughout, you can work towards a fair resolution that sets the stage for your new beginning. Remember that clear communication and a focus on mutual interests can lead to a smoother process overall.

Contact The Law Offices of Judy L. Burger today to get seasoned guidance with your California divorce property division.

 

What Are Sufficient Grounds for an Elder Abuse Restraining Order?
Restraining Order

What Are Sufficient Grounds for an Elder Abuse Restraining Order?

Elder abuse is a serious issue that affects many older adults across California. To protect vulnerable individuals aged 65 and older, the state provides legal avenues such as restraining orders to prevent further harm. Understanding what constitutes sufficient grounds for an elder abuse restraining order is crucial for both victims and their families.

California Certified Family Law Specialist Judy L. Burger explores the various forms of elder abuse and the legal criteria necessary for obtaining a restraining order in California.

What Constitutes Elder Abuse?

The Elder Abuse and Dependent Adult Protection Act (EADACPA) defines abuse of an elder or a dependent adult as “either (a) physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering, or (b) the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.”

  1. Physical Abuse: Inflicting physical pain or injury, such as hitting, slapping, or inappropriate restraint.
  2. Emotional Abuse: Causing mental suffering through verbal assaults, threats, or intimidation.
  3. Financial Abuse: Illegally taking, withholding, or misusing an elder’s funds or property. This may include fraud, scams, or coercion.
  4. Neglect: Failing to provide essential care that results in harm to the elderly, such as inadequate food, shelter, or medical care.
  5. Sexual Abuse: Any non-consensual sexual contact or exploitation.
  6. Abandonment: Leaving an elder without necessary care or assistance.

Family Law Attorney Judy Burger can explain more and help you determine if you have a case to petition the court for a domestic violence/elder abuse restraining order to protect someone you love.

Grounds for Obtaining an Elder Abuse Restraining Order

In California, the elder abuse restraining order is designed to provide immediate protection for older adults experiencing abuse. To obtain this type of restraining order, the following conditions must typically be met:

Proven Abuse or Threat

The petitioner must demonstrate that they have experienced or are at risk of experiencing abuse. This can be evidenced through:

  • Medical reports documenting injuries
  • Photographs of physical harm
  • Witness testimonies
  • Documentation of financial exploitation

However, the CA Welfare & Institutions Code section 15657.03 allows the court to restrain any person to prevent a recurrence of abuse if a declaration shows reasonable proof of a past act or abuse of the petitioning elder or dependent adult. This means the court may grant an elder abuse restraining order on a preponderance of the evidence. Additionally, the court in Gdowski v. Gdowski (2009) 175 Cal.App.4th 128 held that a protective order under EADACPA may be issued based on evidence of past abuse without any particularized showing that wrongful acts will continue or be repeated.  

Relationship with the Abuser

The abuser must have a specific relationship with the victim, such as a family member, caregiver, or someone with whom the elder has a close relationship. It’s important to establish that the person posing the threat has direct access to the elder.

Immediate Danger

The elder or a loved one must show that they are in immediate danger of harm or that harassment and abuse are likely to continue without court intervention. This may include verbal threats, stalking behavior, or prior incidents of abuse.

Request for Supportive Evidence

While a detailed record of incidents is vital, the court will also look for any patterns of abusive behavior over time. This can include the frequency of past incidents, the level of intimidation experienced, and the emotional impact the abuse has had on the elder’s mental health.

Protect Your Loved Ones from Elder Abuse

Navigating the legal system can be daunting, especially for vulnerable seniors. If you or a loved one is dealing with elder abuse, it’s vital to seek legal assistance. CA Family law Attorney Judy Burger can guide you through the process of obtaining an elder abuse restraining order, ensure that you have the necessary documentation, and represent your interests in court.

Elder abuse is a grave concern, and understanding the grounds for obtaining a restraining order can be a vital step toward ensuring safety and protection. If you suspect that an elder is being mistreated, take action to help safeguard their well-being. No one should endure abuse, and the law provides resources to defend those who cannot defend themselves. For personalized advice and assistance, reach out to The Law Offices of Judy L. Burger. We have eight convenient locations across California to serve you.

 

Why Should I Pay Spousal Support After a Divorce?
California Divorce, Spousal Support

Why Should I Pay Spousal Support After a Divorce?

Divorce is often a challenging and emotional process, bringing with it a range of financial considerations. One of the complex issues that can arise is the question of spousal support, also known as alimony. Many people may wonder, “Why should I pay spousal support after a divorce?” Understanding the purpose and implications of spousal support can help clarify why it may be necessary and beneficial for both parties involved.

California Certified Family Law Specialist Judy L. Burger shares more about spousal support and why it may be in your best interests to agree to it.

Understanding Spousal Support

Spousal support is a financial obligation that one spouse may be required to pay to the other following a divorce. This arrangement is intended to assist the lower-earning or non-working spouse in transitioning to financial independence after the marriage ends. The amount and duration of spousal support can vary widely based on several factors, including the length of the marriage, the financial circumstances of both parties, and the recipient’s ability to become self-supporting.

Reasons to Consider Paying Alimony

Why should you pay alimony after a divorce? There are many reasons that may influence an alimony agreement, some of them to your benefit. Here are just a few:

  1. Fairness and Responsibility: Marriage often involves sacrifices, and one partner may have foregone career opportunities to support the family or raise children. Providing spousal support acknowledges these contributions and helps level the financial playing field post-divorce.
  2. Supporting a Transition to Independence: Spousal support is meant to give the recipient time and resources to adjust to life after marriage. This may include pursuing education or job training to enhance their employability, thereby reducing their financial dependence on the paying spouse over time.
  3. Legal Obligations: Spousal support may be a legal requirement determined during divorce proceedings. Failing to adhere to a court-ordered support agreement can lead to legal consequences, including garnishment of wages or other penalties.
  4. Avoiding Conflict: By agreeing to pay spousal support, you can help minimize potential conflicts post-divorce. Establishing a fair support arrangement can foster goodwill and cooperation between you and your ex-spouse, especially if children are involved.
  5. Tax Benefits: Under current California state tax regulations, spousal support payments are tax-deductible for the paying spouse, and the recipient spouse must treat the payments as taxable income. Federal taxes have other rules. Consulting with a financial advisor or tax professional can help you understand the implications for both parties.
  6. Addressing Financial Imbalances: If one spouse earned significantly more than the other during the marriage, providing spousal support can help mitigate financial disparities that could affect the recipient spouse’s ability to maintain a reasonable standard of living.

Spousal support may be required in certain situations, such as a legal separation or domestic violence restraining order case.

Factors Influencing Spousal Support Decisions

CA Certified Family Law Specialist Judy L. Burger can help you determine whether spousal support should be provided and in what amount. California family courts consider various factors when debating court-ordered spousal support, including:

  • The length of the marriage
  • The financial status of both spouses
  • The recipient spouse’s needs and ability to earn a living
  • The paying spouse’s ability to support both themselves and the recipient spouse
  • Contributions made by either spouse to the education or career of the other

Spousal Support Attorney Judy Burger can also help you when negotiating temporary support arrangements and long-term support agreements during and after your divorce proceedings.

CA Spousal Support Assistance

If you find yourself questioning the necessity of paying spousal support after a divorce, consider the broader implications of financial support. Understanding the reasons behind spousal support can lead to a smoother transition for both parties and maintain respect and cooperation after the end of a marriage.

For personalized advice and assistance regarding spousal support and divorce-related issues, consult with experienced family law attorney Judy L. Burger. Her expertise can help you navigate these complex decisions and ensure that your interests and responsibilities are appropriately addressed.