Monthly Archives: March 2025

When Can You Terminate Child Support in CA?
Child Support

When Can You Terminate Child Support in CA?

Child support is critical to ensuring that children receive the financial support they need from both parents after a separation or divorce. In California, the court often establishes child support obligations, but circumstances can change, leading to questions about when it is possible to terminate these payments. California Certified Family Law Specialist Judy L. Burger provides insights into the circumstances under which child support can be terminated.

What Are My Child Support Obligations in California?

Child support obligations in California are determined based on both parents’ incomes, the amount of time each parent spends with the child, and various other factors considered by the court. Child support is considered a legal obligation, and parents are required to provide financial support for their children until they reach adulthood or achieve certain milestones.

Conditions for Terminating Child Support

There are several situations where a parent may seek to terminate child support payments. Here are the most common scenarios:

  1. The Child Turns 18 and is no longer a full-time high school student or turns 19: The child support obligation automatically ends when the child reaches 18 and is no longer a full-time high school student or when the child turns 19. Child support then terminates by California law. Parents should notify the child support agency when this milestone is reached to formally terminate payments.
  2. Emancipation of the Child: If a child becomes emancipated—meaning they legally become an adult before the age of 18—child support may be terminated. Emancipation can occur when a child gets married, joins the military, or moves out and becomes financially independent.
  3. Change in Financial Circumstances: If a parent experiences a significant change in circumstances, such as job loss, reduced income, or disability, they may petition the court for a modification or termination of child support. The court will require documentation of the changes to consider the request.
  4. Mutual Agreement: Sometimes, both parents can agree to terminate child support payments, particularly if the child is financially independent or if both parents agree that continued payments are no longer necessary. In such cases, it’s advisable to formalize the agreement through the court to avoid future disputes.
  5. Death of the Child: In the unfortunate event that the child passes away, child support obligations end immediately. Parents should be prepared to provide documentation regarding the child’s death to the court or child support agency.

What Do I Need to Legally Terminate Child Support?

While parents can seek to terminate child support under certain conditions, it’s essential to follow the legal process correctly:

  • Court Approval: Simply stopping payments without going through the court may lead to legal repercussions, including enforcement actions for unpaid support. Always seek a court order to formally terminate your obligations.
  • Documentation: Gather and present any necessary evidence, such as proof of income change or documentation regarding the child’s emancipation. The court requires clear and compelling evidence to consider modifications.

Terminating child support can be complex. Consulting with a family law specialist like Judy L. Burger can help ensure that all paperwork is filed correctly and that your rights are protected throughout the process.

Experienced CA Child Support Attorney

Child support is intended to support a child’s needs, but as life circumstances change, so too can child support obligations. Understanding when and how to terminate child support in California is crucial for both custodial and non-custodial parents. Whether due to a child’s age, emancipation, or changes in financial circumstances, it’s vital to follow the legal process to ensure that all parties are protected.

If you are considering termination of child support or have questions about your obligations, contact the Law Offices of Judy L. Burger for guidance and support. With the right legal assistance, you can navigate these changes confidently and ensure your child’s best interests remain the priority.  

 

Revocable Trusts in a Divorce Property Division
California Divorce, Property Division

Revocable Trusts in a Divorce Property Division

One of the most critical aspects to address when navigating the complexities of divorce is property division. In California, which follows a community property system, understanding how revocable trusts impact property division is essential. California Certified Family Law Specialist Judy L. Burger sheds light on revocable trusts, how they function during a divorce, and how individuals can protect their interests.

What is a Revocable Trust?

A revocable trust, also known as a living trust, is a legal arrangement where the trustor (the person who creates the trust) maintains control over the assets within the trust during their lifetime. The trustor can modify or revoke the trust at any time, hence the term “revocable.” Assets placed in a revocable trust generally avoid probate, ensuring a smoother transfer of property upon the trustor’s death. The trust remains private and becomes irrevocable upon the grantor’s death.

Revocable Trusts and Community Property

In California, all property acquired during the marriage is typically considered community property, subject to equal division upon divorce. However, the classification of assets becomes intricate when a revocable trust is involved.

  1. Trust Assets as Community Property: If both spouses contributed to the trust assets or if the trust was created during the marriage, the assets within the revocable trust are usually categorized as community property. This means they would be divided equally between both parties in a divorce.
  2. Separate Property Contributions: If one spouse funded the trust with their separate property (assets owned before the marriage or received as a gift/inheritance), those assets may remain separate property. To ensure this classification, it’s crucial to maintain clear documentation and delineation of these assets.

Key Considerations in Divorce Proceedings

Here are some important factors to keep in mind regarding revocable trusts during a divorce in California:

  • Transparency: Both spouses have the right to access and review the trust documents and the assets held within the trust. Full disclosure is critical, and failing to disclose trust assets could lead to complications in the property division.
  • Valuation of Trust Assets: Determining the value of the trust’s assets can be complex. It may require hiring an appraiser or financial expert, especially if the trust holds real estate, investments, or valuable personal property. Ensuring accurate valuation is crucial for fair property division.
  • Revocation and Modification: If the trustor wishes to make changes or revoke the trust during divorce proceedings, they should do so with caution. The other spouse could contest the modification or revocation, especially if they believe it affects their share of the community property.

What About Commingled Assets?

Commingling refers to the situation where separate property is mixed with community property, which can complicate the process of identifying and distinguishing between the two types of assets. When trust assets become commingled, a forensic accountant may be necessary to help trace the source of the funds and classify them correctly.

Legal Assistance with CA Property Division

Given the intricacies of revocable trusts and property division during divorce, seeking legal counsel is highly advisable. CA Certified Family Law Specialist Judy Burger can help navigate the following:

  • Evaluating the nature of the trust assets and whether they are classified as community or separate property.
  • Facilitating negotiations regarding asset division.
  • Representing your interests in court, if necessary.

Revocable trusts can significantly impact property division in a California divorce. Understanding how these trusts function within the framework of community property laws is essential for ensuring a fair and equitable division of assets.

If you are facing a divorce and have a revocable trust, contact The Law Offices of Judy L. Burger to obtain clarity and guidance through the challenges of property division. Remember, preparing for divorce involves not just emotional considerations but also strategic planning to protect your financial future. Get the professional legal help you deserve.

Child Custody Issues After a Natural Disaster
Child Custody

Child Custody Issues After a Natural Disaster

Natural disasters can profoundly impact families, particularly when it comes to child custody arrangements. In California, where wildfires, earthquakes, and floods are common, understanding how these events can affect custody agreements is essential for both parents and guardians. California Certified Family Law Specialist Judy L. Burger discusses the implications of natural disasters on child custody and offers guidance for navigating these challenging situations.

What Impact Can Natural Disasters Have on Child Custody?

The California Department of Forestry and Fire Protection reports that the Palisades and Eaton wildfires consumed 57,660 acres and destroyed over 16,000 structures (as of February 18, 2025).

Natural disasters, including school schedules, work commitments, and living arrangements, disrupt daily life. These disruptions can complicate existing custody agreements for parents who share custody of their children. Here are several factors to consider:

  • Altered Living Conditions: If a natural disaster forces one parent to evacuate or temporarily relocate, it can create challenges in adhering to custody schedules. Parents may need to adjust arrangements to accommodate changes in living situations while ensuring the child’s needs are met.
  • Access to Safe Environments: The safety and well-being of the child should always take precedence. If a parent’s home is damaged or unsafe, it may be necessary to modify custody agreements. Courts will consider the safety of the child when determining temporary arrangements during and after the disaster.
  • Communication Breakdown: Natural disasters can disrupt communication channels. If parents are separated, they might find it difficult to reach each other or to communicate with their children. Establishing a reliable communication strategy before such events occur can be crucial.

Key Considerations for Custody During and After a Disaster

California Certified Family Law Specialist Judy Burger recommends parents consider the following during and after natural disasters occur:

  1. Flexibility and Cooperation: Parents are encouraged to communicate openly and be flexible with one another during times of crisis. Cooperation will help reduce stress for both the child and the parents. Working together to establish temporary arrangements can foster a sense of stability for the child.
  2. Court Orders and Modifications: If a natural disaster necessitates a change in custody arrangements, you should formalize these changes through the court. While temporary modifications can be made informally, documenting changes can help prevent future disputes.
  3. Emergency Plans: Parents should create emergency plans that outline how to handle custody in the event of a natural disaster. This can include designated safe zones, communication methods, and guidelines for travel between homes.

Legal Assistance and Support

California law strongly emphasizes the safety of children during emergencies, such as wildfires. When facing such threats, adhering to court-ordered custody agreements is crucial. Courts understand that emergencies can necessitate prompt decision-making and appreciate actions taken in good faith. This involves acting reasonably and responsibly and prioritizing your child’s safety.

Always inform the other parent about your decisions, maintain thorough documentation of your actions, and seek legal advice. This approach can help clarify intentions and prevent potential misunderstandings.

Custody Agreement Assistance After Natural Disasters

Natural disasters introduce significant challenges for families, particularly regarding child custody arrangements. Ensuring that children’s safety, security, and emotional well-being remain a top priority can lead to better outcomes for all involved. As parents navigate these difficult times, effective communication and legal guidance can help alleviate some of the stress associated with custody issues.

If you find yourself facing custody challenges after a natural disaster, reach out to The Law Offices of Judy L. Burger for expert advice and support tailored to your situation. It’s vital to protect not only your child’s interests but also to ensure that you are prepared for any eventualities that may arise in the future.