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Is My Spouse Entitled to Half My House If It's In My Name in California?

Is My Spouse Entitled to Half My House in a Property Division If It’s In My Name in California?

One common concern when navigating the complexities of divorce in California is property division, particularly regarding the family home. Many individuals wonder: If the house is solely in my name, does my spouse still have a claim to half of it? CA Property Division Attorney Judy L. Burger offers a deeper understanding of California’s community property laws to help clarify this question.

Understanding Community Property in California

California is a community property state, which means that most assets acquired during the marriage are considered community property and are subject to equal division upon divorce. This includes income, real estate, and other assets acquired while married, regardless of whose name is on the title.

If the house was purchased during the marriage, it is generally presumed to be community property, even if only one spouse’s name is on the title. This means that both spouses typically have a claim to the house, and it could potentially be divided equally during the divorce proceedings. However, there are exceptions to the community property presumption.

Exceptions: Separate Property

Not all property is community property. Any assets owned by either spouse before marriage or acquired by gift or inheritance are considered separate property and are not subject to division. If you owned the house before marriage and it remained in your name, it may be classified as separate property. However, if you made mortgage payments or significant improvements to the house during the marriage using community funds, your spouse might argue they have a claim to the increased value of the property.

It’s important to consider contributions made by your spouse. If your spouse contributed financially to the house, even if it’s solely in your name, they might have a valid claim. For instance, if they helped with mortgage payments, upkeep, or renovations, these contributions could afford them rights to the property or increase their share during division.

Protecting Your Family Home

If you suspect a divorce is in your future, you can take steps to ensure that your home remains distinct from marital assets to safeguard it from being considered communal property. When possible, refrain from using communal assets to upgrade the home or make mortgage payments. Be sure to maintain thorough records if you inherited the home.

Individuals can also consider signing a prenuptial or postnuptial agreement to safeguard a family home from property division during a divorce. These legal agreements provide clear guidelines for property division and outline how homes, real estate, and other properties 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 a family home.

Seek Legal Guidance from an Experienced CA Property Division Attorney

Given the intricacies of property division laws in California, it’s wise to consult a seasoned property division attorney like Judy Burger. She can provide personalized advice based on your specific situation, ensuring your rights are protected. Judy Burger can also help evaluate whether your house is community or separate property and guide you through the divorce process.

In California, whether your spouse is entitled to half or another portion of your house largely depends on factors like the property’s title, when it was acquired, and any contributions made during the marriage. If you’re facing divorce and have questions about your home and property rights, reach out to CA Certified Family Law Specialist Judy L. Burger today.

 

Changes to CA Child Support Laws for 2025

Changes to CA Child Support Laws for 2025

California made adjustments in 2024 to reflect changes to the decades-old formula for calculating child support. Beginning September 1, 2024, and continuing into 2025, parents under child support orders will see new changes. CA Certified Family Law Specialist Judy L. Burger explores these changes and how they could affect you.

Improving Parenting in the 21st Century

California’s new child support law, Senate Bill 343 (SB 343), aims to make the child support system more equitable and personalized. The new law will take effect on January 1, 2026, and includes several changes:

  1. Updated Calculation Formula: The new formula, called the “K factor,” adjusts the percentage of net income for lower-income parents and recalibrates contributions for higher-income earners. The new formula will increase child support at most income levels and create a fairer system that more accurately addresses each parent’s financial situation. 
  2. Revised Add-on Expense Allocation: Add-on expenses, like childcare and medical costs, will be allocated based on each parent’s net income after taxes. This change will affect many parents’ financial responsibilities. The bill also includes additional expenses like extracurricular activities, childcare, and medical costs not covered by insurance. 
  3. Low-income Adjustments: The new guidelines create a “low-middle” earning bracket to help identify parents who are not on public assistance but still need support. The threshold for the low-income adjustment is now based on the amount a parent would earn working a full 40-hour workweek at minimum wage. 
  4. Pass Through to Formerly Assisted Families: Payments received toward government-owed debt will be distributed to parents who previously received cash assistance. 
  5. Potential Reductions for Incarcerated Parents: The bill provides potential reductions in child support obligations for incarcerated parents. 
  6. Limits On Driver’s License Suspensions: The bill limits the use of driver’s license suspensions as a penalty for unpaid child support. 

Periodic Reviews Of Child Support Orders

SB 343 establishes a requirement for periodic reviews of child support orders, aimed at adjusting these obligations in accordance with evolving circumstances. These reviews will consider changes in the parents’ income, employment status, and the needs of the child over time. By implementing regular assessments, the new guidelines seek to maintain fairness in child support arrangements, ensuring that the obligations reflect the current situations of both parents and the child. This provision allows for modifications to child support orders as necessary, promoting ongoing equity in child support agreements.

How Do These Changes Affect You?

California is implementing new child support guidelines aimed at creating a fairer and more balanced system. These changes prioritize the well-being of children while considering the diverse financial situations of parents. Understanding the details of Senate Bill 343 is important for those affected by these changes and anyone wanting to stay informed.

The only way to learn how these changes affect you is to have your current child support orders and calculations professionally reviewed. Have you already noticed changes in your child support payments or calculations? Do you have more questions about these changes and how they affect your specific case?

Family Law Attorney Judy L. Burger is adept at helping clients navigate child support issues and her counsel can be invaluable as you seek to protect your rights and ensure the best interests of your child. For expert guidance on these changes, CA Certified Family Law Specialist Judy Burger is available to assist you in addressing your family’s needs. Contact one of our offices to schedule a consultation and review. Call 415-293-8314 and ask to meet in the office nearest you: Gold River, San Francisco, San Jose, Beverly Hills, San Diego, Oxnard, San Rafael, or Santa Barbara, CA.

 

Reviewing My Parenting Plan for 2025

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

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?

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?

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.

 

Help! My Ex Won’t Pay Child Support

Help! My Ex Won’t Pay Child Support

Child support often makes the difference between survival and struggling for divorced single parents. The challenges mount rapidly when an ex-partner fails to meet their financial obligations. If you’re facing this situation, it’s important to understand your rights, the legal avenues available to you, and how to effectively approach the issue.

California Certified Family Law Specialist Judy L. Burger shares a guide to help you manage this difficult circumstance.

Understanding Child Support

Child support is a legal obligation that one parent is required to pay to the other for the financial support of their child. This arrangement aims to ensure that the child’s needs are met, regardless of the custodial situation. Child support agreements may be established through the courts or negotiated between parents, and they can cover a range of expenses, including housing, education, healthcare, and everyday living costs.

Reasons Why an Ex May Fail to Pay Child Support

There are various reasons why an ex might fall behind on child support payments, including:

  • Financial Hardship: Job loss, medical expenses, or other financial difficulties can impact a parent’s ability to pay.
  • Disputes Over Payment Terms: Misunderstandings or disagreements regarding the terms of support can lead to missed payments.
  • Relocation: If an ex moves to a different state, it may complicate enforcement of child support orders.
  • Avoidance Behavior: In some cases, a parent may simply evade their responsibilities.

Visit Customer Connect to check your payment status online. If you need further assistance, you can contact the automated service line at 1-866-901-3212 with any questions related to your child support payments.

Steps to Take If Your Ex Won’t Pay

CA Child Support Attorney Judy Burger possesses significant experience in addressing situations where parents attempt to evade their financial responsibilities towards their children. She has encountered various cases involving individuals who seek to minimize their spousal support obligations by reducing their income, quitting their jobs, or concealing assets. This expertise enables her to effectively navigate the complexities of support enforcement and ensure that obligations are met.

Here’s what she recommends if your former spouse refuses to pay child support:

  1. Document Everything: Keep detailed records of all missed payments, communication attempts, and any relevant documentation related to your child support agreement. This will be crucial if you need to take legal action.
  2. Communicate Openly: Sometimes a simple conversation can help resolve the issue. Approach your ex calmly to discuss the situation and see if they are facing difficulties that you weren’t aware of.
  3. Review Your Agreement: Understand the terms of your child support agreement, including payment amounts, due dates, and the consequences of missed payments. This knowledge equips you for discussions with your ex or legal authorities.
  4. Consider Mediation: If direct communication fails, mediation can be a productive way to address conflicts and establish a new agreement that satisfies both parties.
  5. Contact the Child Support Agency: If informal resolutions are not successful, contact your local child support enforcement agency. They can assist you in enforcing the child support order through various means, such as income withholding or intercepting tax refunds.

Get Legal Assistance with Child Support

If the situation escalates, consult family law attorney Judy Burger. She can provide guidance based on your specific situation, help you file a motion to enforce the child support order, and represent you in court if necessary. If all else fails, you may have to take legal action to enforce the child support order. This can lead to court-ordered solutions, which may include penalties against the non-paying parent, such as wage garnishment or even jail time.

By law, both parents must share the financial responsibility for raising their children. When your ex won’t pay child support, it’s crucial to take proactive steps to address the situation. Preserving your child’s well-being is the top priority, and you have the right to seek the support they deserve. Contact The Law Offices of Judy L. Burger to get experienced help toward a resolution that supports your child’s best interests. 

Default Divorce and Property Division

Default Divorce and Property Division

In California, a default divorce occurs when one spouse files for divorce and the other fails to respond or participate in the proceedings. This situation can arise for various reasons, including lack of communication, avoidance of the divorce process, or even ignorance of the filings.

Certified California Family Law Specialist Judy L. Burger believes both parties should understand the implications of a default divorce, as it can significantly affect property division and other legal matters.

Reviewing the Default Divorce Process

When one spouse initiates the divorce process by filing a petition with the court, they must serve the other spouse with divorce papers. Once served in California, the recipient has 30 days to respond. If the non-filing spouse does not respond within this period, the court can proceed with the divorce and may grant a default judgment. This means the filing spouse can request the court to rule in their favor without input from the non-responsive spouse.

Property Division in Default Divorce

California is a community property state, meaning that nearly all property acquired during the marriage is considered joint property and is subject to equal division upon divorce. In cases of a default divorce, the court may divide property based on the information provided by the filing spouse.

This includes a Request to Enter Default (form FL-165) formally asking the court for a default divorce because your spouse didn’t respond.

You may also need to submit a Property Declaration (form FL-160) that informs the court about the community property you share with your spouse and how you want it divided.

  • Community Property: This includes all assets and debts acquired during the marriage, such as income, homes, and joint bank accounts. Community property is typically divided equally between both spouses.
  • Separate Property: This includes assets one spouse owned before the marriage, gifts or inheritances received during the marriage, and anything specifically designated as separate property in a prenuptial agreement. Separate property is not subject to division in a divorce.

In a default divorce scenario, the court relies heavily on the accuracy and completeness of the information provided by the responding spouse. If the filing spouse fails to disclose certain assets or debts, the court may unknowingly grant a division that does not reflect an equitable outcome. This emphasizes the importance of thorough documentation and honesty during the divorce process.

A default judgment can result in unintended outcomes. For instance, the non-responding spouse may ultimately lose rights to certain community assets or may not receive fair consideration of their financial contributions to the marriage.

NOTE: A default divorce does not automatically forfeit rights; the non-responding spouse still has legal options, such as filing a motion to set aside the default judgment within a certain period.

Protect Your Rights

If you find yourself in a situation involving a default divorce, it’s vital to seek legal advice as soon as possible. Judy Burger is an experienced family law attorney who can provide insights into your rights and options. She can help you understand your legal standing and whether it is beneficial to contest the default judgment.

  • Document Assets and Liabilities: If you believe you are at risk of a default judgment, gathering an accurate account of all community and separate property will be invaluable in negotiations and court proceedings.
  • Respond to Divorce Papers: If you have been served with divorce papers, it’s critical to respond promptly within the timeframe provided. If you have concerns about the divorce or property division, discuss your options with attorney Judy Burger; she can help you negotiate a fair outcome.

Get Help with a Default Divorce and Property Division

Default divorce can present significant challenges for both parties, particularly regarding property division. Property Division Attorney Judy L. Burger can help you understand California’s community property laws and the implications of a default judgment so you can protect your rights in the divorce process.

If you are facing a divorce, whether you are the filing party or the one served, contact The Law Offices of Judy L. Burger. We have eight locations throughout California, and we can guide you through the complexities of divorce to ensure a fair resolution.

 

What If My Child Support Isn’t Enough?

What If My Child Support Isn’t Enough?

Divorce and separation can be challenging not only emotionally but also financially, especially when children are involved. Child support is designed to help cover a child’s basic needs, including food, clothing, and education. However, there may be situations where the support received isn’t adequate to meet a child’s needs.

Certified CA Family Law Specialist Judy L. Burger wants you to understand your options and the steps you can take if you find yourself in this position

Understanding Child Support

In California, child support is typically calculated using a specific formula that considers both parents’ incomes, the amount of time each parent spends with the child, and any special needs the child may have. The formula aims to ensure that children continue to receive financial support from both parents, even after separation or divorce. However, what happens when that support isn’t enough? Here is how you can assess your situation:

  1. Review the Support Order: Review your current child support agreement closely. Determine if the support amount reflects the child’s actual needs and living costs. What might seem sufficient on paper may not be enough when considering a child’s growing needs, especially as they age and their expenses increase.
  2. Consider Changes in Circumstances: Changes in your financial situation or your child’s needs can affect the current support amount. For instance, if you’ve lost your job, had an unexpected medical expense, or your child has developed new needs (like tutoring or special activities), these factors should be considered.

What Can You Do to Address Insufficient Child Support?

2020–2022 data in the KIDS COUNT® Data Cen­ter reveal that just 23% of U.S. female-head­ed fam­i­lies report­ed receiv­ing any amount of child support dur­ing the pre­vi­ous year. Family law attorney Judy Burger can clarify your options if you are not receiving adequate child support payments. She can help you navigate the legal process, understand your rights, and represent you in court if necessary.

  1. Request a Child Support Modification: If circumstances have significantly changed since the initial support order was established, you may petition the court to modify child support. This often involves documenting your current income, expenses, and your child’s needs. CA child custody attorney Judy Burger can help you understand the process and increase your chances of success.
  2. Gather Documentation and Evidence: When seeking to modify support, gather evidence that supports your claim. This may include:
  • Recent pay stubs or tax returns
  • Receipts or invoices for child-related expenses (like medical bills, educational costs, or extracurricular activities)
  • A budget showing the financial strain due to the support received
  1. Negotiate with the Other Parent: Open communication with the other parent can sometimes lead to informal agreements regarding additional support. While this is not a legal route, it can be beneficial if both parents are willing to cooperate for the child’s best interest. Documenting any agreements made is essential, as they can help in future legal proceedings if needed.
  2. Seek Additional Financial Aid: If child support isn’t sufficient, consider looking into other resources to assist with child-related expenses. This could include government programs, scholarships for educational costs, or community organizations that provide financial assistance.

If you find that your child support isn’t enough, remember that you have options. It’s important not to lose hope—there are pathways you can pursue to ensure your child’s needs are adequately met. Whether it’s seeking a modification of your support order, negotiating with the other parent, or accessing additional resources, proactive steps can lead to a more secure financial situation for your family.

California Child Support Attorney

Reach out to California Child Support Attorney Judy L. Burger for personalized advice and support in navigating child support issues. She has considerable experience helping single parents protect their rights and advocate for their children’s well-being. Call 415-293-8314 or contact one of our eight offices directly online or by phone.

 

Joint Bank Accounts and Divorce

Joint Bank Accounts and Divorce

Divorce can be a complex and emotional process, especially when it comes to finances. One important aspect that many couples need to address during a divorce is the status of their joint bank accounts. Understanding the implications of joint accounts can help ensure a smoother transition for both parties. Certified California Family Law Specialist Judy L. Burger reviews this issue and offers some guidance.

Understanding Joint Bank Accounts

A joint bank account is a financial account shared by two or more individuals. This type of account enables both parties to deposit, withdraw, and manage funds. While joint accounts can simplify finances during marriage, they can lead to complications during divorce.

Here are some critical factors to remember regarding divorce and joint bank accounts:

  • Ownership of Funds: California follows community property laws, so most assets and debts acquired during the marriage are considered community property. This means both spouses typically have equal rights to the funds in a joint account, regardless of who initially deposited the money.
  • Access to Accounts: Upon filing for divorce, it is essential to understand that both parties generally retain access to joint bank accounts until a court order dictates otherwise. This can lead to potential conflicts, particularly if one spouse withdraws a significant amount of money. To mitigate this risk, closing joint accounts or agreeing on a set amount each party can withdraw may be advisable.
  • Financial Records: Accurate financial records of transactions from joint accounts are important. This documentation can be crucial during the divorce process, especially when determining the division of assets. Consider keeping copies of bank statements and transaction receipts.
  • Risk of Seizure: Funds in a joint account may be subject to seizure by the government to fulfill any outstanding obligations. This can include back taxes, child support payments, or other court-ordered garnishments.

You should note that these factors do not just apply to bank checking and savings accounts. They also apply to joint investment, retirement, and other accounts. Get more advice about joint financial accounts from Certified Family Law Specialist Judy L. Burger before your divorce.

Steps to Take When Navigating Joint Accounts in Divorce

Don’t wait until divorce proceedings are underway or disagreements arise before considering how to handle marital assets. CA Property Division Attorney Judy Burger offers the following recommendations:

  1. Communicate: If possible, communicate clearly with your spouse about the handling of joint accounts. Establishing open lines of communication can help reduce misunderstandings and conflicts during the divorce process.
  2. Open Separate Accounts: If you haven’t done so already, it may be wise to open individual bank accounts. This allows you to establish financial independence and manage your funds separately from your spouse moving forward.
  3. Seek Legal Guidance: Consulting with CA Divorce Attorney Judy L. Burger can clarify your rights regarding joint accounts. She can guide you through the process and help ensure that your interests are protected.

When dividing joint accounts during divorce, the court typically aims for an equitable distribution of community property. This can include splitting the funds into joint bank accounts and determining how any debts associated with these accounts will be handled. However, this is not as straightforward as it sounds. Some funds in the joint account may not be community property, and a spouse may request that those funds be separated and given to them.

Property Divisions with Joint Bank Accounts

Navigating joint bank accounts during a divorce can be challenging. Being informed about your rights and responsibilities is crucial. You can better manage the complexities of joint accounts during your divorce by communicating openly with your spouse, maintaining thorough financial records, and seeking professional advice.

If you are facing a divorce and need assistance with financial matters, reach out to CA Divorce and Property Division Attorney Judy L. Burger. She can provide the support and guidance necessary to protect your financial interests during this transitional period. Contact one of our eight California offices directly by phone or request a consultation through our contact form.