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Why Should I Consider Spousal Support?
California Divorce, Spousal Support

Why Should I Consider Spousal Support?

Divorce is one of life’s most challenging transitions, and the financial implications can be overwhelming. If you’re going through a divorce in California, spousal support is a critical consideration that can significantly impact your financial future. Understanding when and why to seek spousal support requires expert legal guidance, especially given California’s complex family law system.

What Is Spousal Support?

Spousal support is a court-ordered payment from one spouse to another during or after a divorce. The purpose is to help the lower-earning or non-earning spouse maintain a reasonable standard of living and achieve financial independence. In California, spousal support can be temporary (during divorce proceedings) or long-term (after the divorce is finalized).

Why Spousal Support Matters

Many people hesitate to consider spousal support, either because they don’t want to appear dependent or because they’re unsure if they qualify. However, spousal support is intended to address real financial disparities that often arise during marriage. If one spouse sacrificed career opportunities to raise children, support the other’s career, or manage the household, spousal support can help level the playing field.

Consider the spouse who put their education on hold or left the workforce to care for children while the other spouse advanced their career. After years or decades of marriage, that spouse may lack recent work experience, updated skills, or professional networks. Spousal support provides crucial financial breathing room to pursue education, training, or job opportunities.

Factors California Courts Consider

California courts don’t award spousal support arbitrarily. Judges evaluate numerous factors to determine if support is appropriate and, if so, how much and for how long. These factors include the length of the marriage, each spouse’s income and earning capacity, the standard of living during the marriage, each spouse’s assets and debts, and contributions to the other spouse’s education or career.

The court also considers the supported spouse’s ability to become self-supporting and any history of domestic violence. For marriages lasting ten years or longer (considered “long-term marriages” in California), courts retain jurisdiction over spousal support indefinitely, allowing for modifications as circumstances change.

When You Should Consider Spousal Support

You should seriously consider spousal support if:

  • There’s a significant income disparity between you and your spouse
  • If you sacrificed career opportunities during the marriage
  • If you need time and resources to become financially independent
  • If you have health issues that affect your earning capacity
  • If you’re approaching retirement age with inadequate retirement savings

Even if you’re currently employed, spousal support might be appropriate if your income is substantially lower than your spouse’s or if marital decisions limited your earning potential.

The Importance of Specialist Legal Representation

Spousal support cases can be legally complex, involving detailed financial analysis, strategic negotiation, and a nuanced understanding of California family law. This is where having a Certified California Family Law Specialist makes all the difference.

Judy L. Burger is one of only ten percent of California family law attorneys who have earned the distinction of Certified Family Law Specialist through the State Bar of California Board of Legal Specialization. This certification requires extensive experience, rigorous examination, and demonstrated expertise in family law matters, including spousal support.

With decades of experience handling complex divorce cases throughout California, Judy Burger has the credentials and expertise necessary to navigate even the most challenging spousal support situations. She understands how to present compelling evidence of your financial needs, your earning-capacity limitations, and your contributions to the marriage. Her strategic approach ensures that courts see the full picture of your circumstances.

Protecting Your Financial Future

Requesting spousal support isn’t about punishment or dependency—it’s about ensuring fair treatment and financial stability as you transition to post-divorce life. The right spousal support arrangement can mean the difference between struggling to make ends meet and having the resources to rebuild your life successfully.

Don’t let pride, guilt, or uncertainty prevent you from exploring your options. An experienced family law attorney can evaluate your situation objectively and advise you on whether spousal support is appropriate in your case.

Frequently Asked Questions About Spousal Support

Q: How long does spousal support last in California?

A: The duration varies based on the marriage length and circumstances. For marriages under ten years, support typically lasts half the length of the marriage, though this is a guideline, not a rule. For long-term marriages (ten years or more), courts can order support indefinitely or until circumstances change significantly.

Q: Can spousal support be modified after the divorce?

A: Yes, spousal support can be modified if there’s a significant change in circumstances, such as job loss, serious illness, remarriage of the supported spouse, or substantial income changes. You must petition the court for modification.

Q: Is spousal support taxable?

A: For divorce agreements finalized after December 31, 2018, spousal support is no longer tax-deductible for the paying spouse or taxable income for the receiving spouse due to federal tax law changes.

Q: What if my spouse refuses to pay court-ordered spousal support?

A: Non-payment of court-ordered spousal support has serious consequences. You can seek enforcement through wage garnishment, contempt of court proceedings, or other legal remedies. An experienced attorney can help you enforce your support order.

Q: Can I receive spousal support if I’m employed?

A: Yes, employment doesn’t automatically disqualify you from spousal support. If there’s a significant income disparity or if your earning capacity was affected by the marriage, you may still be entitled to support.

Get Legal Guidance Today

Spousal support decisions have long-lasting financial implications. Don’t navigate this complex area of family law alone. The Law Offices of Judy L. Burger provides compassionate, strategic representation for spousal support matters throughout California.

As a Certified California Family Law Specialist, Judy Burger has the expertise to protect your financial interests and fight for the support you deserve. Contact The Law Offices of Judy L. Burger today for a consultation. Call our offices or visit our website to schedule your appointment and take the first step toward securing your financial future.

Are There New CA Restraining Order Changes for 2026?
Domestic Violence, Restraining Order, Restraining Order

Are There New CA Restraining Order Changes for 2026?

California’s commitment to protecting domestic violence survivors remains strong as we move through 2026. While there hasn’t been a major legislative overhaul this year, the state continues to refine and strengthen restraining order laws to serve victims better and hold abusers accountable. Recent changes that took effect in late 2025 are now being implemented across California courts, bringing important updates that affect how restraining orders work and how survivors are supported in the workplace and legal system.

Key Recent Changes Affecting 2026

The most significant recent development is Assembly Bill 406, which became effective in late 2025. This legislation establishes workplace violence leave, requiring California employers to provide job-protected time off for employees who are victims of violence or abuse. This groundbreaking law recognizes that domestic violence doesn’t stop affecting victims when they arrive at work and that survivors often need time to seek restraining orders, attend court hearings, relocate to safe housing, or address other safety concerns.

Under AB 406, eligible employees may take time off to obtain restraining orders or other court orders, seek medical attention for injuries, obtain services from domestic violence programs, participate in safety planning, or seek legal assistance. This law represents a crucial shift in how California supports domestic violence survivors, acknowledging that maintaining employment while escaping abuse is essential for long-term safety and independence.

Enhanced Flexibility in Domestic Violence Restraining Orders

California has also implemented ongoing modifications to the Domestic Violence Restraining Order process that give victims greater flexibility and control. One significant change allows victims to request modifications to restraining order terms mid-order without waiting for expiration or renewal. This means if your circumstances change or you need additional protections, you can petition the court to adjust the order’s terms.

For example, if the restrained person violates the order by attempting contact at your workplace, you can request that the court add your workplace to the protected locations. If you relocate or your children change schools, you can modify the order to reflect these new addresses that require protection. This flexibility recognizes that domestic violence situations are dynamic and that protection orders must adapt to changing circumstances.

Streamlined Renewal Processes

The renewal process for domestic violence restraining orders has also been refined to serve victims better. California law now provides clearer procedures for extending restraining orders, with increased focus on victim safety rather than requiring victims to prove an ongoing threat each time they seek renewal. Courts are taking a more victim-centered approach, recognizing that the risk of violence often persists long after the initial order is granted.

Permanent restraining orders (which, despite the name, typically last three to five years) can now be renewed more efficiently if there’s any reasonable apprehension of future abuse. This reduces the burden on survivors who previously had to repeatedly relive traumatic experiences to justify continued protection.

Clearer Employer Roles and Responsibilities

Beyond AB 406’s leave provisions, California has clarified employer responsibilities in supporting employees who are domestic violence survivors. Employers now have more explicit guidance on handling situations in which a restrained person attempts to contact an employee at work, implementing workplace safety measures for protected employees, and responding to restraining orders that include the workplace as a protected location.

These clarifications help create safer work environments for survivors and provide employers with the tools and knowledge they need to support their employees effectively while maintaining workplace safety for everyone.

Types of Restraining Orders in California

California offers several types of restraining orders, each designed for specific situations.

  • Domestic Violence Restraining Orders protect individuals from abuse by current or former intimate partners, spouses, dating partners, or close family members.
  • Civil Harassment Restraining Orders address harassment, stalking, or threats by neighbors, roommates, or acquaintances who don’t qualify under domestic violence provisions.
  • Workplace Violence Restraining Orders can be requested by employers on behalf of employees facing credible threats of violence at work.
  • Elder or Dependent Adult Abuse Restraining Orders protect vulnerable adults from abuse or neglect.

Understanding which type of order applies to your situation is crucial for obtaining appropriate protection.

The Importance of Experienced Legal Representation

Navigating California’s restraining order system, especially with recent legal changes, requires specialized knowledge and experience. Domestic violence cases are among the most sensitive and complex matters in family law, involving immediate safety concerns, emotional trauma, and often intertwined issues of child custody, property division, and financial support.

Judy L. Burger is a Certified California Family Law Specialist, a distinction held by only ten percent of family law attorneys in the state. This certification, granted by the State Bar of California Board of Legal Specialization, demonstrates extensive experience handling complex family law matters, including domestic violence cases and restraining orders.

With decades of experience representing domestic violence survivors throughout California, Judy Burger understands the nuances of restraining order law and how recent changes affect your case. She knows how to present compelling evidence to the court, how to leverage new provisions like mid-order modifications to enhance your protection, and how to coordinate restraining orders with other family law matters such as divorce and custody proceedings.

Her experience includes working with law enforcement, victim advocates, and other professionals to create comprehensive safety plans for clients. She understands that obtaining a restraining order is often just the first step in a longer journey toward safety and stability, and she provides the ongoing legal support survivors need.

Taking Action to Protect Yourself

If you’re experiencing domestic violence, stalking, harassment, or threats, don’t wait to seek help. California’s strengthened restraining order laws provide more robust protections than ever before, and recent changes make it easier for survivors to obtain and maintain the protection they need.

Remember that restraining orders serve multiple purposes: they legally prohibit the abuser from contacting or coming near you, they provide law enforcement with clear authority to arrest violators, they can address custody and visitation issues to protect your children, and they establish a legal record of abuse that can be important in future proceedings.

Frequently Asked Questions About Domestic Violence and Restraining Orders

Q: How quickly can I get a restraining order in California?

A: California offers emergency protective orders that law enforcement can request on your behalf immediately, valid for up to seven days. You can also request a temporary restraining order (TRO) by filing paperwork with the court, which can be granted the same day without the abuser being present. The TRO remains in effect until your full hearing, typically scheduled within 21 days, where the judge decides whether to issue a long-term restraining order.

Q: What happens if the restrained person violates the order?

A: Violating a restraining order is a criminal offense in California. If the restrained person contacts you, comes near you, or otherwise violates the order’s terms, you should immediately call law enforcement. Police can arrest the violator, and they may face criminal charges, including fines and jail time. Keep detailed records of all violations, including dates, times, and any evidence such as text messages, emails, or voicemails.

Q: Can I get a restraining order if we have children together?

A: Yes, and the restraining order can include provisions addressing child custody and visitation. The court can order supervised visitation or exchange arrangements that keep you safe while allowing the restrained person appropriate contact with the children. California courts prioritize child safety and recognize that domestic violence affects children even when they’re not direct victims.

Q: Will getting a restraining order affect my divorce or custody case?

A: A restraining order can significantly impact divorce and custody proceedings. Evidence of domestic violence is highly relevant in custody determinations, as California law presumes it’s detrimental to children’s best interests to award custody to a parent who has perpetrated domestic violence. The restraining order can also affect property division, spousal support, and attorney’s fees. This is why having an attorney who handles both restraining orders and family law matters is crucial.

Q: Do I need a lawyer to get a restraining order?

A: While you can file for a restraining order without an attorney, having experienced legal representation significantly improves your chances of success and ensures your order includes all necessary protections. An attorney can help you present compelling evidence, properly complete complex forms, prepare you for the hearing, address related family law issues comprehensively, and modify or enforce the order if needed. Given the serious safety implications and legal complexity, especially with recent changes in the law, professional legal assistance is strongly recommended.

Get the Experienced Help You Deserve

Domestic violence situations require immediate, knowledgeable legal intervention. Don’t face this challenging time alone or try to navigate California’s complex restraining order system without experienced guidance. Your safety and your children’s safety are too important to risk.

Contact The Law Offices of Judy L. Burger today for a confidential consultation. We understand the urgency of domestic violence situations and are committed to helping you obtain the protection you need. Call our offices or visit our website to speak with our team. You don’t have to face this alone—expert legal help is available, and taking that first step toward safety starts with a phone call.

The Role of a QDRO in CA Property Divisions
Property Division, Property Division

The Role of a QDRO in CA Property Divisions

Dividing assets during a divorce is rarely simple, but when retirement accounts are involved, the process becomes significantly more complex. If you or your spouse has a 401(k), pension, or other employer-sponsored retirement plan, you’ll likely need a Qualified Domestic Relations Order (QDRO) to divide these assets properly. Understanding QDROs and their critical role in California property divisions can help protect your financial future and ensure you receive your fair share of marital assets.

What Is a QDRO?

A Qualified Domestic Relations Order is a legal document that instructs a retirement plan administrator to divide and distribute retirement benefits between divorcing spouses. The QDRO recognizes the right of an “alternate payee”—typically the non-employee spouse—to receive a portion of the employee spouse’s retirement benefits.

Without a properly executed QDRO, you cannot access your share of your spouse’s retirement accounts, even if your divorce decree states you’re entitled to a portion. The QDRO is the essential bridge between what the court orders and what the retirement plan administrator can legally execute.

Why QDROs Are Essential in California Divorces

California is a community property state, meaning assets acquired during marriage are generally owned equally by both spouses. This includes retirement benefits earned during the marriage, regardless of whose name is on the account. A teacher who worked throughout the marriage has a pension that is jointly owned by both spouses for the portion earned during the marriage. Similarly, a corporate executive’s 401(k) contributions made during the marriage are community property.

However, retirement plans are governed by federal law, specifically the Employee Retirement Income Security Act (ERISA). Plan administrators cannot simply divide accounts based on a divorce decree. They require a QDRO that meets specific legal requirements to authorize the division without triggering tax penalties or violating plan rules.

Types of Retirement Accounts Requiring QDROs

QDROs are required for:

  1. Most employer-sponsored retirement plans
  2. 401(k) plans
  3. 403(b) plans for educators and nonprofit employees
  4. Traditional pension plans (defined benefit plans)
  5. Profit-sharing plans

Individual Retirement Accounts (IRAs), however, don’t require QDROs. IRAs can be divided through a process called “transfer incident to divorce,” which is simpler but still requires careful handling to avoid tax consequences.

The QDRO Process: More Complex Than You Think

Creating and implementing a QDRO involves multiple steps and coordination between legal and financial professionals. First, your attorney must determine the value of retirement benefits and calculate the community property portion subject to division. This often requires working with forensic accountants or actuaries, especially for pension plans with complex benefit formulas.

Next, the QDRO document must be drafted with precise language that complies with both federal law and the specific retirement plan’s requirements. Each plan has unique rules and acceptable QDRO provisions. A QDRO that works for one company’s 401(k) plan may be rejected by another plan administrator.

The draft QDRO must be submitted to the plan administrator for pre-approval before submission to the court. This step is crucial because it identifies potential problems before the court issues the order. Once the plan administrator confirms the QDRO is acceptable, it’s submitted to the court for the judge’s signature.

After the court approves and signs the QDRO, it must be submitted to the plan administrator for final implementation. The administrator will then establish separate accounts or payment streams in accordance with the QDRO’s terms. This entire process can take several months to over a year, depending on the plan’s complexity and the administrator’s responsiveness.

Common QDRO Pitfalls and Mistakes

Many divorcing couples underestimate QDRO complexity, leading to costly errors. Some finalize their divorce without addressing the QDRO, assuming they can handle it later. This is dangerous because circumstances can change—the employee spouse might retire, die, or change jobs—potentially complicating or even eliminating the other spouse’s ability to collect their share.

Using generic QDRO templates without customizing them to the specific retirement plan often results in plan administrators rejecting them, causing delays and additional legal fees. Failing to address survivor benefits, loans against the retirement account, or cost-of-living adjustments can also shortchange the non-employee spouse.

Failing to coordinate with tax professionals can lead to unexpected tax consequences. While QDROs allow penalty-free early withdrawal for the alternate payee, income taxes may still apply depending on how the funds are handled.

The Critical Importance of Specialized Legal Expertise

QDROs require a unique combination of family law knowledge, understanding of federal retirement law, and relationships with financial professionals who can accurately value complex retirement benefits. This is where working with a Certified California Family Law Specialist makes an enormous difference.

Judy L. Burger is one of only ten percent of California family law attorneys who have earned certification as a Family Law Specialist through the State Bar of California Board of Legal Specialization. This certification requires extensive experience handling complex family law matters, including property divisions involving retirement accounts and QDROs.

With decades of experience in California family law, Judy Burger has developed strong working relationships with actuaries, forensic accountants, and financial planners who specialize in retirement asset valuation and division. These professional relationships are invaluable when dealing with complex pension plans, executive compensation packages, or multiple retirement accounts.

Her expertise ensures that retirement benefits are accurately valued, that QDROs are properly drafted to meet both legal requirements and plan specifications, that your share of retirement assets is protected throughout the divorce process, and that tax implications are carefully considered and minimized where possible.

Protecting Your Retirement Future

Retirement accounts often represent one of the largest assets in a divorce. Mistakes in handling QDROs can cost you hundreds of thousands of dollars over your lifetime. Whether you’re the employee spouse or the non-employee spouse, proper QDRO handling is essential to protecting your financial security in retirement.

Don’t trust your retirement future to attorneys who lack specialized experience with QDROs or who treat them as an afterthought in the divorce process. The complexity of retirement plan divisions demands focused expertise and attention to detail.

Frequently Asked Questions About QDROs

Q: How long does it take to get a QDRO approved and implemented?

A: The QDRO process typically takes three to twelve months from drafting to final implementation, though complex cases can take longer. The timeline depends on the retirement plan’s responsiveness, the division’s complexity, and whether the draft QDRO requires revisions. Starting the QDRO process early in your divorce, rather than waiting until it is finalized, can significantly reduce delays.

Q: Can I receive my share of the retirement account immediately after the QDRO is approved?

A: It depends on the type of plan and the QDRO’s terms. With a 401(k) or similar defined contribution plan, you can typically request an immediate distribution or rollover to your own IRA after the QDRO is implemented. With a pension (defined benefit plan), you usually must wait until the employee spouse retires or reaches retirement age, though some plans allow earlier distribution under specific circumstances.

Q: What happens if my ex-spouse dies before I receive my share of the retirement benefits?

A: This depends on whether the QDRO includes survivor benefit provisions. A properly drafted QDRO should address this scenario by designating the alternate payee as a survivor beneficiary for their share of the benefits. Without these provisions, you could lose your share entirely if your ex-spouse dies before retirement or before the benefits are distributed.

Q: Do I need a QDRO if we’re dividing retirement accounts in our settlement agreement?

A: Yes. Even if both spouses agree on how to divide retirement accounts, a QDRO is still legally required for employer-sponsored plans. Your settlement agreement establishes what should be divided, but the QDRO is the legal mechanism that actually authorizes the plan administrator to execute that division. One cannot replace the other.

Q: Can a QDRO be modified after it’s been approved?

A: Modifying a QDRO after approval is extremely difficult and often impossible. Once benefits have been paid or accounts divided according to a QDRO, those distributions generally cannot be undone. This is why getting the QDRO right the first time is crucial. Any errors or omissions can have permanent financial consequences, making experienced legal representation essential.

Secure Your Financial Future with QDRO Legal Assistance

Dividing retirement assets is one of the most consequential aspects of your divorce. Don’t leave your financial future to chance or inexperienced handling. The Law Offices of Judy L. Burger provides sophisticated representation for complex property divisions, including those requiring QDROs.

As a Certified California Family Law Specialist with extensive experience and established relationships with financial professionals, Judy Burger has the expertise to protect your interests in retirement asset divisions. Her thorough approach ensures that QDROs are properly prepared, submitted, and implemented to secure your fair share of marital retirement benefits.

Contact The Law Offices of Judy L. Burger today to schedule a consultation about your property division and QDRO needs. Don’t risk your retirement security—get the specialized legal expertise your case deserves. Call our offices or visit our website to take the first step toward protecting your financial future.

How Do I Request a Child Support Modification for 2026?
Child Support

How Do I Request a Child Support Modification for 2026?

Life circumstances change, and when they do, your child support order may no longer reflect your current reality. Whether you’ve experienced a job loss, received a promotion, faced unexpected medical expenses, or seen changes in your child’s needs, California law allows you to request a child support modification. Understanding the process and requirements for 2026 can help you navigate this important legal matter successfully.

Understanding Child Support Modifications in California

Child support modifications are formal changes to existing court-ordered child support arrangements. California recognizes that parents’ financial circumstances and children’s needs evolve. The state’s family law system provides a structured process for modifying support orders when significant changes occur.

However, requesting a modification isn’t as simple as informing your co-parent that you’d like to pay less or receive more. You must file a formal request with the court and demonstrate that a substantial change in circumstances warrants the modification. This is where experienced legal representation becomes invaluable.

Valid Reasons for Requesting a Modification

California courts require a “material change in circumstances” to justify modifying a child support order. For 2026, valid reasons include significant income changes for either parent, such as job loss, a substantial salary increase or decrease, or a career change affecting earning capacity. Changes in the child’s needs also qualify, including new medical expenses, educational costs, or childcare requirements.

Other qualifying circumstances include changes in custody arrangements or parenting time, the birth of additional children to either parent affecting financial obligations, changes in health insurance costs or availability, and disability or serious illness affecting a parent’s ability to work. Additionally, if three years have passed since your last child support order or modification, you may request a review even without showing changed circumstances.

The Step-by-Step Modification Process

The first step in requesting a child support modification is gathering documentation of the changed circumstances. This includes recent pay stubs, tax returns, proof of job loss or income changes, documentation of increased child-related expenses, medical bills or insurance statements, and evidence of custody or parenting time changes.

Next, you’ll need to file the appropriate forms with the court. In California, this typically includes Form FL-300 (Request for Order), Form FL-150 (Income and Expense Declaration), and Form FL-342 (Child Support Information and Order Attachment). You must serve these documents on the other parent in accordance with California legal requirements, providing proper notice and an opportunity to respond.

The court will schedule a hearing where both parents can present evidence and arguments. The judge will review financial information from both parties, consider the child’s current needs, apply California’s guideline child support calculator, and determine whether modification is warranted and by how much.

Important Considerations for 2026

As we move through 2026, several factors make timely child support modifications particularly important. Economic conditions continue to evolve, affecting employment stability and income levels across California. Healthcare costs have risen, potentially impacting the medical support component of child support orders. Educational expenses, including childcare and extracurricular activities, have also increased in many areas.

Additionally, if your current child support order was established several years ago, it may not reflect current California guideline calculations. The state periodically updates its child support guidelines, and your order might be outdated even if your circumstances haven’t dramatically changed.

Common Mistakes to Avoid

Many parents make critical errors when seeking child support modifications. Never stop paying your current child support amount before the court approves a modification. Continuing to pay under the existing order is essential, as modifications typically apply only from the filing date forward, not retroactively.

Don’t assume informal agreements with your co-parent are sufficient. Even if both parents agree to a different amount, the modification must be court-ordered to be legally enforceable. Avoid filing without adequate documentation, as the burden of proof lies with the parent requesting the modification. Failing to disclose all income sources or financial changes can damage your credibility with the court and potentially result in sanctions.

Finally, don’t navigate this complex process alone. Child support calculations involve nuanced legal factors, and procedural missteps can delay or derail your modification request.

The Value of Working with a Certified Family Law Specialist

Child support modifications require detailed financial analysis, thorough documentation, strategic presentation of evidence, and a comprehensive understanding of California family law. Judy L. Burger is a Certified California Family Law Specialist, a distinction held by only ten percent of family law attorneys in the state. This certification, granted by the State Bar of California Board of Legal Specialization, demonstrates proven expertise, extensive experience, and commitment to excellence in family law matters.

With decades of experience helping California families navigate child support modifications and other family law issues, Judy Burger understands the complexities of the state’s child support system. She knows how to present compelling cases for modification, whether you’re seeking an increase in support due to your child’s growing needs or a decrease due to changed financial circumstances.

Her expertise ensures that all necessary documentation is properly prepared and filed, that your case is presented persuasively to the court, that California’s child support guidelines are correctly applied, and that your rights and your child’s best interests are protected throughout the process.

Frequently Asked Questions About Child Support Modifications

Q: How long does the child support modification process take in California?

A: The timeline varies depending on court schedules and case complexity, but typically ranges from two to four months from filing to hearing. Emergency modifications may be expedited in cases of severe financial hardship. Having experienced legal representation can help streamline the process.

Q: Can child support be modified retroactively?

A: Generally, no. Child support modifications typically take effect from the date you file your request with the court, not from when circumstances changed. This is why it’s crucial to file promptly when significant changes occur. Waiting months or years to file means you cannot recover support for past periods or reduce the arrears that accumulated.

Q: What if my co-parent contests the modification?

A: If your co-parent opposes the modification, the court will hold a hearing where both parties present evidence. The judge will evaluate the evidence and determine whether a material change in circumstances exists. Having a skilled attorney to present your case and cross-examine the other parent’s claims is essential in contested modifications.

Q: How often can I request a child support modification?

A: There’s no limit on modification requests if you can demonstrate a material change in circumstances each time. California law allows either parent to request a review every three years without showing changed circumstances. Frequent modification requests without valid reasons may be viewed unfavorably by the court.

Q: Will a child support modification affect other aspects of my custody order?

A: Child support and custody are separate legal issues. A child support modification addresses only financial support obligations and does not automatically change custody arrangements, parenting time, or decision-making authority. However, changes in parenting time can be grounds for modifying child support, as time-sharing affects support calculations.

Take Action Today

If your circumstances have changed significantly since your child support order was established, don’t wait to seek a modification. Delays can cost you financially and affect your ability to meet your obligations or provide adequately for your child.

The Law Offices of Judy L. Burger provides experienced, compassionate representation for child support modifications throughout California. As a Certified California Family Law Specialist, Judy Burger has the expertise to guide you through the modification process efficiently and effectively.

Contact The Law Offices of Judy L. Burger today to schedule a consultation. Let us help you secure a child support order that reflects your current circumstances and serves your child’s best interests. Call our offices or visit our website to get started on your 2026 child support modification.

What Should I Know Before Requesting an Ex Parte Hearing?
Domestic Violence, Restraining Order, Restraining Order

What Should I Know Before Requesting an Ex Parte Hearing?

Family law emergencies don’t always wait for regularly scheduled court dates. When urgent situations threaten your safety, your children’s well-being, or your financial security, California law provides a mechanism for immediate court intervention: the ex parte hearing. The Law Offices of Judy L. Burger, led by Certified California Family Law Specialist Judy Burger, has extensive experience handling ex parte matters and can provide swift, strategic representation for urgent situations.

Understanding Ex Parte Hearings in California

An ex parte hearing is an emergency court proceeding requested on shortened notice—sometimes with little or no advance notice to the other party. The term “ex parte” means “from one party,” indicating that these hearings can proceed even if the other side hasn’t had the typical amount of time to prepare a response.

Unlike regular motions that require 16 court days’ notice, ex parte applications can be heard within days or even hours of filing. California courts reserve ex parte hearings for genuine emergencies where waiting for a regular hearing would cause immediate harm or irreparable injury. Judges scrutinize ex parte requests carefully because they deviate from the normal process that gives both parties adequate time to prepare.

Ex parte hearings are not the appropriate venue for routine disputes or matters that have existed for weeks or months without creating immediate danger. Courts expect parties to use regular motion procedures unless circumstances truly qualify as emergencies requiring immediate judicial intervention.

When Ex Parte Relief Is Appropriate

California family courts grant ex parte hearings in specific urgent circumstances, including:

  • Immediate Safety Concerns: When domestic violence, child abuse, threats of harm, or kidnapping risks exist, ex parte hearings allow victims to obtain immediate protective orders, modify custody arrangements, or secure other safety measures without delay. These situations represent the clearest justification for emergency relief.
  • Child Custody Emergencies: Beyond safety threats, ex parte custody relief may be appropriate when a parent violates existing custody orders by refusing to return a child, when a parent plans to leave the jurisdiction with the child without permission, or when a child faces immediate risk of harm in their current placement.
  • Financial Emergencies: Ex parte financial relief addresses situations like a spouse draining bank accounts, hiding or destroying marital assets, failing to pay court-ordered support, causing imminent eviction or utility shutoff, or refusing to maintain required insurance coverage. The key is demonstrating immediate, irreparable financial harm.
  • Property Protection: When a spouse threatens to sell, transfer, or destroy significant marital property, ex parte orders can prevent these actions until a regular hearing addresses property division properly.

Information and Documentation You Need

Successfully obtaining ex parte relief requires thorough preparation and compelling evidence. Courts won’t grant emergency orders based on general allegations or unsubstantiated claims. You should gather:

Detailed Declaration Under Penalty of Perjury

Your declaration must clearly explain what emergency exists, why you couldn’t address it through regular motion procedures, when you learned of the emergency, what immediate harm will occur without court intervention, and what specific relief you’re requesting. Include specific dates, times, locations, and factual details that demonstrate the urgency.

Supporting Evidence

Gather all available evidence supporting your emergency claim: police reports, medical records, photographs of injuries or property damage, threatening text messages or emails, bank statements showing asset dissipation, witness declarations, and documentation of violated court orders. The more concrete evidence you provide, the stronger your case.

Notice Requirements Documentation

California law requires you to notify the other party of your ex parte request unless doing so would create danger or defeat the emergency relief’s purpose. You must document your efforts to provide notice, including when and how you notified the other party or explain why notice wasn’t possible. Failure to properly handle notice requirements can result in the denial of your request.

Proposed Orders

Prepare clear, specific proposed orders stating exactly what you want the court to order. Vague requests reduce your chances of success. Your proposed orders should be narrowly tailored to address the specific emergency.

Financial Information

For financial emergencies or requests involving support or attorney fees, provide current income and expense declarations, account statements, and documentation of the financial crisis.

Existing Court Orders

Bring copies of all relevant existing court orders, especially if your ex parte request involves alleged violations of those orders.

How the Ex Parte Process Works in California

The ex parte process moves quickly but requires strict compliance with procedural rules. Generally, you must notify the court and the other party by 10:00 a.m. on the court day before your requested hearing date. Some courts have specific ex parte departments or calendars, while others hear ex parte matters at designated times.

At the hearing, you’ll have limited time to present your case—often just minutes. The judge will review your written materials, hear a brief oral argument, and may ask questions. If the other party appears, they’ll have an opportunity to respond. The judge will then decide whether to grant temporary emergency orders.

Ex parte orders are temporary. If the court grants your request, it will typically schedule a follow-up hearing—called an Order to Show Cause hearing—within a few weeks, where both parties can fully argue the issues. The ex parte orders remain in effect until that hearing unless modified.

How Certified Family Law Specialist Judy Burger Can Help

Ex parte proceedings are high-stakes, fast-paced legal matters requiring sophisticated knowledge of family law and courtroom experience. Judy L. Burger’s certification as a Family Law Specialist by the State Bar of California Board of Legal Specialization demonstrates her exceptional expertise in handling complex, urgent family law matters.

This certification, earned by fewer than 10% of California family law attorneys, requires extensive experience, passing a rigorous examination, ongoing education, and peer recognition. When facing a family law emergency, working with a Certified Specialist provides significant advantages.

Judy Burger and her team understand what constitutes a true emergency warranting ex parte relief versus situations better addressed through regular procedures. She knows how to craft compelling declarations that clearly articulate the emergency, marshal persuasive evidence, comply with technical notice and procedural requirements, and present effective oral arguments in the limited time available.

The Law Offices of Judy L. Burger has successfully obtained ex parte orders protecting clients from domestic violence, preventing child abduction, stopping asset dissipation, and addressing other urgent matters throughout California. Judy’s experience includes representing clients at ex parte hearings and defending against improper ex parte requests.

Beyond obtaining immediate relief, Judy provides strategic guidance for the follow-up proceedings. Ex parte orders are just the first step; you need representation for the subsequent hearings where the court will determine whether to extend, modify, or terminate the emergency orders.

Frequently Asked Questions About Ex Parte Hearings

What happens if my ex parte request is denied?

If the court denies your ex parte request, you can still file a regular motion or Request for Order addressing the same issues through normal procedures. The denial doesn’t prevent you from seeking relief; it simply means the court didn’t find sufficient emergency circumstances to justify shortened notice. Your attorney can help you understand why the request was denied and develop an alternative strategy.

Can I request an ex parte hearing without an attorney?

While you can represent yourself in ex parte proceedings, doing so is risky. Ex parte hearings involve complex procedures, strict deadlines, and high stakes. Mistakes in paperwork, notice, or presentation can result in the denial of your request, potentially leaving you without protection in an emergency. The compressed timeline makes it especially difficult for self-represented parties to prepare effective requests.

How much does an ex parte hearing cost?

Costs vary based on case complexity and attorney fees, but ex parte matters typically require fewer attorney hours than regular motions due to the shortened timeline. Some ex parte requests include asking the court to order the other party to pay your attorney fees, especially in financial emergency situations.

What if the other party violates the ex parte order?

Violating court orders can result in contempt of court findings, fines, jail time, and other sanctions. If the other party violates an ex parte order, document the violations thoroughly and immediately inform your attorney. You may need to file an Order to Show Cause regarding contempt or request additional enforcement measures.

Can an ex parte order be overturned?

Yes. At the follow-up Order to Show Cause hearing, the responding party can present their full case, and the court may modify or terminate the ex parte orders based on complete information from both sides. This is why ex parte orders are temporary—they’re based on limited information presented in an emergency context. The subsequent hearing provides full due process for both parties.

Get Immediate Help for Your Family Law Emergency

When you’re facing a genuine family law emergency requiring immediate court intervention, time is critical. The Law Offices of Judy L. Burger provides experienced, strategic representation for ex parte matters throughout California.

Contact Certified California Family Law Specialist Judy Burger immediately if you need emergency court relief. Our team understands the urgency of these situations and can quickly assess whether ex parte relief is appropriate, prepare compelling documentation, and provide effective representation at your emergency hearing.

Call us now or visit our website—when emergencies arise, every moment counts, and expert legal guidance can make all the difference in protecting you and your family.

child and spousal support
Child Support, Spousal Support

Planning Child and Spousal Support for the New Year

As we enter 2026, California parents and former spouses navigating child and spousal support obligations face important changes that could significantly impact their financial obligations and expectations. Whether you’re paying or receiving support, understanding these updates and planning proactively can help you avoid financial surprises and ensure your support arrangements remain fair and legally compliant.

Key Changes to California Child and Spousal Support Requirements for 2026

At The Law Offices of Judy L. Burger, we help clients throughout California navigate the complexities of support modifications and adjustments. As we begin the new year, now is the ideal time to review your current support obligations and plan for any necessary changes.

Minimum Wage Increase Affects Low-Income Adjustment

California’s minimum wage increases from $16.50 to $16.90 per hour on January 1, 2026. This seemingly small change has significant implications for child support calculations, particularly for lower-income parents.

The low-income adjustment applies to obligors whose net disposable income per month is less than the full-time minimum wage in California, and starting September 1, 2024, the threshold is the monthly gross income earned from full-time minimum wage at 40 hours per week, 52 weeks per year. With the 2026 minimum wage increase, this threshold now rises to approximately $2,930 per month in gross income.

This adjustment is crucial because the low-income adjustment reduces the child support amount that would otherwise be determined by the guideline calculators. If you’re a paying parent whose income falls near this threshold, you may now qualify for reduced support obligations. Conversely, if you’re receiving support from a low-income obligor, you may see a decrease in payments.

Updated Child Support Formula

Effective September 1, 2024, California child support orders more accurately reflect the realities of parenting in the 21st century, as the federal government revised the formula used for calculating child support and broadened the income ranges used to qualify parents for low-income adjustments.

The new guidelines create a “low-middle” income bracket that allows family law courts to acknowledge the difficulties faced by working parents earning lower incomes but not on public assistance, enabling courts to set orders more in line with a parent’s current expenses.

Changes to Local Child Support Agency Procedures

From January 1, 2026, local child support agencies have new methods for calculating income and considering earning capacity when actual income is insufficient, with the latest techniques helping ensure that child support orders are based on a realistic assessment of each parent’s financial situation.

Special Needs Trust Provisions

Courts have now been empowered to direct child support payments into special needs trusts for children with disabilities, ensuring that financial support does not jeopardize the child’s eligibility for public assistance programs like Medi-Cal or Supplemental Security Income. This is particularly important for parents of children with disabilities who are planning their 2026 financial arrangements.

Planning Tips for Child and Spousal Support Payors

  • Review Your Income Documentation: If your income has changed significantly since your support order was established, now is the time to gather documentation. Remember, support modifications can only be retroactive to the date you filed your Request for Order with the court, not to when circumstances actually changed, as the court cannot modify support for periods before you formally requested the change.
  • Understand the Low-Income Adjustment: If your net disposable income is close to the minimum wage threshold, calculate whether you now qualify for the low-income adjustment. Even if you earn slightly above minimum wage on a gross basis, you may still qualify based on your net income after taxes and other deductions.
  • Stay Current on Payments: California Family Code section 4722 automatically adds up to 6% annual interest to unpaid support, and this interest compounds yearly. Missing payments can quickly spiral into overwhelming debt. If you’re struggling financially, file for modification immediately rather than simply stopping payment.
  • Consider Tax Implications: The 2026 tax year brings its own considerations. While spousal support remains tax-deductible for the payor and taxable income for the recipient (for orders established before 2019), child support is neither deductible nor taxable. Understanding these distinctions helps with overall financial planning.
  • Document Your Timeshare Accurately: Child support calculations heavily depend on the percentage of time each parent has physical custody. If your actual timeshare differs from what’s in your custody order, this could affect your support obligation. Keep detailed records of actual custody time.

Planning Tips for Child and Spousal Support Recipients

  • Monitor Payment Compliance: Stay on top of whether payments are being made on time and in full. California offers multiple enforcement mechanisms, including wage garnishment, license suspension, and asset seizure. If payments become irregular, contact the local child support agency or your attorney promptly.
  • Understand Modification Limitations: Just as payors can seek modifications when their income decreases, recipients should know that support can also be increased if the payor’s income has risen significantly. Review your former spouse or co-parent’s financial situation annually to determine whether modification is warranted.
  • Plan for Support Termination: California child support orders remain in effect until a minor turns 18, but if your child is still in high school, the order remains in effect until graduation or until your child turns 19, whichever comes first. If your child is approaching this age, begin planning for the financial transition.
  • Know Your Rights Regarding Spousal Support Collection: California Child Support Services can only collect spousal support while collecting current support for a child under 18, and once all children have legally emancipated, California Child Support Services can no longer collect or enforce a spousal support order. If you’re receiving both types of support, plan ahead for how spousal support will be enforced after children emancipate.
  • Keep Detailed Records of Child-Related Expenses: Extraordinary expenses like uninsured medical costs, educational expenses, and childcare can be added to support obligations. Maintain thorough documentation of these costs to support potential modification requests.

How Judy Burger Can Help

Navigating support calculations and modifications requires detailed knowledge of California family law, complex mathematical formulas, and strategic timing. As a California Certified Family Law Specialist, Judy L. Burger possesses the advanced knowledge and proven experience necessary to handle these intricate matters. This certification, held by fewer than 10% of California family law attorneys, demonstrates her commitment to this specialized area of law.

Judy can help you understand how the 2026 changes affect your specific situation. She can calculate whether you qualify for the low-income adjustment, determine if your current support order needs modification, and represent you in seeking fair adjustments based on changed circumstances.

  • For those paying support, Judy can help you file modification requests promptly to avoid losing months of potential relief. She understands the nuances of income calculation, including how to properly account for bonuses, commissions, self-employment income, and other variable compensation sources.
  • For those receiving support, Judy can help ensure you’re receiving the full amount you’re entitled to under California’s guidelines. She can assist with enforcement actions when payments aren’t being made and can seek modifications when the payor’s financial situation has improved.

The Law Offices of Judy L. Burger also handles support issues at the intersection with other family law matters, including custody modifications, divorce proceedings, and domestic violence restraining orders that may affect support calculations.

Child & Spousal Support FAQs

How does the 2026 minimum wage increase affect my child support obligation?

The minimum wage increase to $16.90 per hour raises the threshold for the low-income adjustment to approximately $2,930 per month in gross income. If your net disposable income falls below this amount, you may qualify for a reduced support obligation. Even if you don’t qualify for the adjustment, the change affects the overall calculation formula, so your support amount may change slightly.

Can I modify my support order if I lost my job in late 2025 but didn’t file until 2026?

Yes, you can file for modification, but the modification will only be retroactive to the date you file your Request for Order, not to when you actually lost your job. This is why it’s critical to file immediately when circumstances change—every month of delay represents support you’ll still owe at the higher rate.

If my ex-spouse gets a significant raise, can I request an increase in child support?

Absolutely. A material change in the payor’s income is grounds for modification. You’ll need to demonstrate the income increase and show that it results in a significantly different support calculation under the guidelines. An attorney can help you gather the necessary evidence and file the appropriate motions.

Does spousal support automatically end when my child turns 18?

No, these are separate obligations. However, if the local child support agency has been collecting your spousal support along with child support, they can only continue collecting spousal support while a child under 18 is still receiving support. Once all children emancipate, you’ll need to enforce spousal support through other means, typically with the help of a private attorney.

What happens if I can’t afford to pay both child support and spousal support?

California law doesn’t allow you to simply choose which obligation to pay. Both are court-ordered, and failure to pay either can result in serious consequences, including wage garnishment, license suspension, and contempt charges. Instead, you must file for modification based on changed financial circumstances. The court will then recalculate what you can reasonably afford to pay.

Start 2026 With a Solid Support Plan

Don’t wait until financial problems become overwhelming or until you’ve lost months of potential modification relief. Contact The Law Offices of Judy L. Burger today for a comprehensive review of your support situation. With offices throughout California and a deep understanding of the 2026 changes to support calculations, Judy Burger and her team can provide the strategic guidance you need.

Call now to schedule your consultation. Let us help you navigate the complexities of California support law and create a financial plan that protects your interests and ensures compliance with your legal obligations. The support decisions you make now will impact your finances throughout 2026 and beyond—make sure you’re making them with full knowledge of your rights and options.

Take control of your support obligations this year. Contact The Law Offices of Judy L. Burger and start 2026 with clarity, compliance, and confidence.

How Do I Know It’s Time for a Divorce?
California Divorce

How Do I Know It’s Time for a Divorce?

Deciding whether to end a marriage is one of the most difficult decisions you’ll ever face. There’s no single moment when divorce becomes the obvious answer, and the path to this realization looks different for everyone.

Recognizing the Signs It May Be Time

Certified California Family Law Specialist Judy Burger understands the emotional complexity of this decision and provides compassionate, strategic guidance when you’re considering divorce in California.

Communication Has Completely Broken Down

Healthy marriages involve disagreements, but also productive communication and conflict resolution. When you and your spouse can no longer have civil conversations, when every discussion escalates into an argument, or when you’ve stopped talking altogether, this signals serious relationship deterioration.

If you find yourself avoiding communication entirely, walking on eggshells to prevent conflict, or feeling unheard and dismissed whenever you try to express concerns, these patterns indicate a fundamental communication breakdown. When couples therapy and genuine efforts to improve communication have failed to create lasting change, divorce may be the healthiest option.

Trust Has Been Irreparably Damaged

Trust forms the foundation of marriage. Whether broken through infidelity, financial deception, hidden addictions, or repeated broken promises, shattered trust is extremely difficult to rebuild. While some couples successfully recover from betrayal through counseling and commitment, others find that trust, once broken, cannot be restored.

If you’ve tried to rebuild trust but find yourself constantly suspicious, checking up on your spouse, or unable to believe what they tell you, this ongoing distrust creates a toxic environment. Living in a state of perpetual doubt and anxiety isn’t sustainable and may indicate that the relationship cannot be salvaged.

You’re Staying Only for the Children

Many parents remain in unhappy marriages, believing it’s best for their children. However, research consistently shows that children suffer more from ongoing parental conflict than from divorce itself. If your primary reason for staying married is avoiding the impact on your children, consider whether they’re actually better off witnessing an unhappy, tense, or hostile relationship.

Children learn about relationships by watching their parents. Staying in a loveless or conflict-filled marriage may teach them that this is what relationships should look like. Sometimes divorce, handled thoughtfully with children’s needs prioritized, provides a healthier environment than an intact but dysfunctional household.

Emotional or Physical Abuse Is Present

Any form of abuse—physical violence, emotional manipulation, verbal attacks, financial control, or coercive behavior—is unacceptable and requires immediate action. Abuse typically escalates over time and rarely improves without intensive intervention that the abuser must genuinely commit to.

If you feel afraid of your spouse, if they control your access to money or friends, if they regularly demean or threaten you, or if any physical violence has occurred, your safety and your children’s safety must be the priority. In these situations, consulting with an experienced family law attorney about protective orders and safe exit strategies is crucial.

You’ve Grown Into Different People with Incompatible Goals

People change throughout life, and sometimes spouses grow in different directions. When your fundamental values, life goals, or visions for the future no longer align, and when compromise seems impossible, this incompatibility can make continuing the marriage untenable.

Perhaps one spouse wants children while the other doesn’t, or career ambitions require relocation that the other spouse refuses to consider. Maybe religious beliefs have changed, or lifestyle preferences have diverged dramatically. When core incompatibilities emerge, and neither spouse is willing or able to compromise, divorce may be the path forward.

You’ve Already Emotionally Divorced

Some marriages end long before the legal divorce papers are filed. If you feel emotionally detached from your spouse, if you no longer care about their daily life, if you’ve stopped trying to work on the relationship, or if you’re simply going through the motions while feeling numb or indifferent, you may have already emotionally divorced.

This emotional disconnection often manifests as living parallel lives under the same roof—separate schedules, separate interests, separate friends, and minimal meaningful interaction. When both spouses have checked out emotionally, and neither has interest in reconnecting, staying married often serves no purpose beyond convenience or fear of change.

Repeated Attempts at Reconciliation Have Failed

If you’ve genuinely tried to save your marriage through counseling, communication improvements, changed behaviors, trial separations, or other interventions, but problems persist or return, this pattern suggests fundamental issues that cannot be resolved. There’s no shame in acknowledging that, despite your best efforts, the marriage isn’t working.

Recognizing when you’ve exhausted reasonable options for reconciliation is important. Continuing to cycle through the same problems without lasting improvement creates ongoing stress and prevents both spouses from moving forward with their lives.

How Certified Family Law Specialist Judy Burger Can Help

Making the decision to divorce is just the first step. Navigating California’s divorce process requires experienced legal guidance to protect your rights, assets, and future. Judy L. Burger brings the distinction of certification as a Family Law Specialist by the State Bar of California Board of Legal Specialization—a credential held by fewer than 10% of California family law attorneys.

This certification requires extensive experience handling complex family law matters, passing a rigorous examination, and maintaining ongoing education in family law developments. When you work with a Certified Family Law Specialist, you’re working with an attorney who has demonstrated exceptional knowledge and skill in this specific area of law.

The Law Offices of Judy L. Burger provides comprehensive divorce representation throughout California. Judy and her team guide clients through every aspect of divorce, including property division, spousal support, child custody and visitation, child support, and complex asset valuation. Whether your divorce involves high-value assets, business interests, retirement accounts, or contentious custody disputes, Judy Burger has the experience to handle sophisticated cases.

Judy’s approach balances strong advocacy with practical problem-solving. She understands that while some divorces require aggressive litigation to protect clients’ interests, others benefit from collaborative approaches or mediation that reduce conflict and costs. She’ll help you understand your options, develop a strategic approach tailored to your circumstances, and work toward outcomes that protect your financial security and family relationships.

Frequently Asked Questions About California Divorce

How long does a California divorce take?

California requires a minimum six-month waiting period from when divorce papers are served until the divorce can be finalized. However, the actual timeline depends on case complexity and whether spouses agree on key issues. Uncontested divorces may conclude shortly after the six-month minimum, while contested divorces involving complex assets or custody disputes can take 12-18 months or longer.

What’s the difference between legal separation and divorce in California?

Legal separation addresses the same issues as divorce—property division, support, and custody—but spouses remain legally married. Some couples choose separation for religious reasons, to maintain health insurance benefits, or because they’re unsure about divorce. You can convert a legal separation to divorce later, and the six-month waiting period applies to divorce but not separation.

Do I need to prove fault to get divorced in California?

No. California is a no-fault divorce state, meaning you don’t need to prove wrongdoing to divorce. You simply need to state that you have “irreconcilable differences” that have caused the irretrievable breakdown of the marriage. While fault doesn’t determine whether you can divorce, it may impact issues like spousal support in cases involving domestic violence or extreme misconduct.

How is property divided in a California divorce?

California is a community property state, meaning assets and debts acquired during marriage are generally divided equally between spouses. Separate property—assets owned before marriage or received as gifts or inheritance—typically remains with the original owner. However, determining what’s community versus separate property can be complex, especially with commingled assets or businesses.

Can I get spousal support in my California divorce?

Spousal support (alimony) depends on factors including the length of the marriage, each spouse’s income and earning capacity, age and health, the standard of living during the marriage, and contributions to the other spouse’s education or career. Support isn’t automatic, but longer marriages where one spouse sacrificed career advancement often result in support awards. The amount and duration vary based on specific circumstances.

Take the First Step Toward Your Future

If you’re questioning whether it’s time for divorce, you deserve experienced, compassionate legal guidance to understand your options and rights. The Law Offices of Judy L. Burger provides the expertise and support you need during this challenging transition.

Contact Certified California Family Law Specialist Judy Burger today to schedule a confidential consultation. With offices throughout California, we’re ready to listen to your concerns, answer your questions, and help you make informed decisions about your future.

Call us or visit our website to take the first step toward clarity and a new chapter in your life.

Does Domestic Violence Increase During the Holidays?
Domestic Violence, Restraining Order, Restraining Order

Does Domestic Violence Increase During the Holidays?

The answer is a troubling yes. While the holiday season is often portrayed as a time of joy, family togetherness, and celebration, for many individuals living with domestic violence, it represents a period of heightened danger and fear. Understanding this reality is critical for protecting vulnerable family members and knowing when and how to seek help.

The Statistics Tell a Sobering Story

Recent data confirms what domestic violence advocates have long observed: domestic violence spikes every year during the holidays. The numbers are significant and consistent across different regions.

  • An IPV study based on data gathered between 2005 and 2017 showed that 15% of all domestic violence-related visits to emergency rooms occurred during holiday periods, with New Year’s Eve having the highest incident rate.
  • San Antonio’s Metro Health reports domestic violence cases tend to rise by around 25% during the holidays. This trend isn’t isolated to one community. Police say several factors contribute to the increase in domestic violence during the holidays, including financial stress, alcohol and drugs, holiday shopping pressures, and family dynamics.
  • A 2024 report, “The Costs of Intimate Partner Violence in California,” reveals a cost of $73.7 billion to the state in health care, lost productivity and income, and criminal justice and response program spending for domestic violence cases in 2022 alone. This is about 2% of California’s gross domestic product. 

The pattern extends beyond just major winter holidays. Stress elevates, finances usually take a hit, alcohol and drug use tend to increase, and people are at home more with their family during various holiday periods throughout the year, creating multiple windows of increased risk.

Why Does Domestic Violence Increase During Holidays?

Several key elements create what some advocates call a “perfect storm” of risk factors.

Financial Stress and Economic Pressure

The expectation to buy gifts, host gatherings, and create picture-perfect celebrations places enormous financial strain on households. Financial stress is one of the most significant contributors to the rise in domestic violence during the holidays, as the pressure to buy gifts, host gatherings, and meet societal expectations can strain household budgets, often exacerbating existing tensions within relationships.

Increased Alcohol and Substance Use

The holiday season is often accompanied by increased alcohol consumption, which is a well-known risk factor for domestic violence, as alcohol can impair judgment and lower inhibitions, making it easier for underlying tensions to erupt into physical confrontations. Holiday parties and social gatherings often normalize excessive drinking, providing abusers with both opportunity and excuse for violent behavior.

Heightened Emotional Expectations

The cultural pressure to be happy, grateful, and family-oriented during the holidays creates additional stress for those in troubled relationships. The holidays can be emotionally taxing, as the expectation to maintain a cheerful demeanor, coupled with the stress of family interactions, can lead to heightened emotions, and for those already in volatile relationships, these emotional triggers can escalate conflicts into physical violence.

Increased Time Together and Isolation

With families spending extended time together, such as spouses or parents with school-age children back at home on a school break, the chances of violence within a household increase. Additionally, during the holidays, many support services like shelters and hotlines may have reduced hours or may be understaffed, making it more challenging for victims to seek help or escape abusive situations.

Control and Power Dynamics

While there are several factors that can fuel domestic violence during the holidays, the root cause usually involves one family member exerting control over another. The holidays provide abusers with additional opportunities to isolate victims from support systems, control finances, and manipulate family dynamics.

The Hidden Reality: The Honeymoon Phase

Interestingly, domestic violence shelters report a complex pattern during the holidays. Shelters actually see short dips this time of year, when survivors try to go back home, as the honeymoon phase kicks in with abusers saying, ‘I love you, I’m sorry, it’s the holidays. This cycle makes the holiday period particularly dangerous, as victims may return to unsafe situations hoping for change that rarely materializes.

How Judy Burger Can Help

If you’re experiencing domestic violence, taking legal action can be a critical step toward safety and protection. As a California Certified Family Law Specialist, Judy L. Burger has dedicated her practice to helping victims of domestic violence obtain the legal protection they need. This certification, held by fewer than 10% of California family law attorneys, reflects advanced knowledge and proven experience in family law matters, including domestic violence cases.

Judy can help you obtain a domestic violence restraining order, which can provide multiple layers of protection. In California, these orders can require the abuser to stay away from you, your home, your workplace, and your children’s schools. They can also address child custody and visitation, require the abuser to move out of a shared residence, and prohibit the abuser from possessing firearms.

The Law Offices of Judy L. Burger understands the urgency of domestic violence situations. Judy and her team can guide you through the process of obtaining emergency protective orders, temporary restraining orders, and permanent restraining orders. They can also help you navigate related family law matters, including divorce, child custody, and property division, when domestic violence is a factor.

Beyond restraining orders, Judy can provide comprehensive legal representation if you’re going through a divorce involving domestic violence. She understands how abuse affects custody determinations, spousal support calculations, and property division. Her approach prioritizes your safety and your children’s safety while protecting your legal rights and financial interests.

Recognizing the Signs and Taking Action

Domestic violence takes many forms beyond physical abuse. In California, abuse can be emotional, psychological, verbal, or physical. It can include controlling access to money, isolating someone from friends and family, or engaging in coercive control that interferes with a person’s free will and personal liberty.

If you’re in immediate danger, always call 911 first. Once you’re safe, contacting an attorney who understands domestic violence can help you create a comprehensive safety plan and obtain legal protection.

The time when leaving or planning to leave an abusive relationship can be the most dangerous. Having a skilled attorney on your side ensures you understand your options, have proper legal documentation, and take steps that protect both your immediate safety and your long-term interests.

Holiday Domestic Violence FAQs

Can I get a restraining order during the holidays, even when courts are closed?

Yes. Law enforcement officers can request emergency protective orders from judges 24 hours a day, including holidays and weekends. These emergency orders last 5-7 days and go into effect immediately, giving you time to seek a longer-term domestic violence restraining order from the court when it reopens.

Does a domestic violence restraining order affect child custody during the holidays?

Yes. A domestic violence restraining order can include temporary custody and visitation orders that remain in effect during the holidays. The court prioritizes the safety of children when domestic violence is present, and holiday visitation schedules can be modified or supervised to ensure protection.

What if my abuser promises to change and wants me to drop the restraining order for the holidays?

You should never feel pressured to drop legal protection. The “honeymoon phase,” where abusers apologize and promise change, is a well-documented part of the cycle of violence. Consult with your attorney before making any decisions about modifying or dismissing a restraining order, regardless of promises made.

Can financial stress during the holidays be used as a defense for domestic violence?

No. While financial stress may be a contributing factor to increased tension, it is never an excuse or legal defense for domestic violence. California law protects victims regardless of the circumstances that may have contributed to the abuser’s behavior. Everyone has the right to live free from violence and abuse.

Is there a cost to file for a domestic violence restraining order in California?

No. There is no filing fee to request a domestic violence restraining order in California. The court process is designed to be accessible to all victims of domestic violence, regardless of their financial situation. Additionally, if your restraining order is granted, the court can order the abuser to pay your attorney’s fees and costs.

Take Action to Protect Yourself and Your Family

The holidays should be a time of safety, peace, and genuine celebration—not fear and danger. If you or someone you care about is experiencing domestic violence, especially during this high-risk holiday season, don’t wait to seek help.

The Law Offices of Judy L. Burger is here to provide the legal guidance and protection you need. With offices throughout California and a deep commitment to helping victims of domestic violence, Judy Burger and her team understand the courage it takes to seek help and the urgency of your situation.

Don’t let another holiday season pass in fear. Call The Law Offices of Judy L. Burger now and learn about your legal options for protection. Your safety and your children’s safety are too important to wait. Reach out today—we’re ready to help you reclaim your life and build a safer tomorrow.

If you are in immediate danger, call 911. For confidential support, contact the National Domestic Violence Hotline at 1-800-799-7233.

Reviewing Your Parenting Agreement for 2026
California Divorce, Child Custody, Child Support

Reviewing Your Parenting Agreement for 2026

As we move into 2026, it’s an ideal time to review your parenting agreement and ensure it still serves your family’s best interests. Children grow, circumstances change, and what worked last year may no longer be practical or appropriate. What happens then?

Why New Year Reviews Matter

The start of a new year brings natural transition points: new school semesters, changed work schedules, evolving extracurricular activities, and shifting family dynamics. These changes often reveal gaps or outdated provisions in existing parenting agreements. Rather than waiting for conflicts to arise, proactive parents use the new year as an opportunity to assess whether their current arrangements still work effectively.

Many parents discover that the informal adjustments they’ve made throughout the previous year should be formalized in their legal agreement. Others realize that their children’s developmental stages require different parenting time structures or decision-making processes. A new year review ensures your legal agreement reflects your actual parenting reality and protects everyone’s interests.

Common Issues of Concern with Parenting Agreements

Certified California Family Law Specialist Judy Burger helps parents navigate the complexities of updating and modifying parenting agreements to reflect their current realities.

Children’s Changing Developmental Needs

As children grow, their needs evolve dramatically. A parenting schedule that worked perfectly for a toddler may be completely inappropriate for a teenager. Younger children typically need frequent contact with both parents and predictable routines, while teenagers often benefit from more flexible arrangements that accommodate their social lives, academic demands, and extracurricular commitments.

School-age children face increasing homework loads, sports practices, music lessons, and social obligations that may conflict with established parenting time schedules. Additionally, as children mature, their preferences about custody arrangements become more significant, and California courts consider children’s wishes when age-appropriate.

Work Schedule Changes

Employment changes significantly impact parenting agreements. A parent who accepted a promotion with different hours, started a new job with a modified schedule, or transitioned to remote work may find that their current parenting time arrangement no longer fits. Similarly, parents who’ve experienced job loss or reduced hours may seek increased parenting time or modifications to child support obligations.

The rise of hybrid work arrangements and flexible schedules has created new opportunities for distributing parenting time. Parents working from home may be able to accommodate midweek overnight visits that weren’t previously feasible, or provide care during times that previously required childcare arrangements.

Relocation Considerations

Whether across town or across the state, relocation dramatically affects parenting agreements. Even moving to a different school district within the same city can necessitate revisions to drop-off and pick-up arrangements, school designation clauses, and transportation responsibilities.

Long-distance moves require comprehensive agreement modifications addressing holiday schedules, summer vacation time, travel expenses, and virtual visitation arrangements. California law requires parents to provide notice before relocating with children, and such moves often trigger formal modification proceedings.

Holiday and Vacation Schedule Conflicts

Holiday schedules that seemed fair initially sometimes prove problematic in practice. Parents may discover that alternating years for major holidays creates hardships, especially when extended family traditions are involved. Additionally, as children age and develop relationships with step-siblings or extended family members, holiday priorities may shift.

Vacation planning often reveals agreement ambiguities. Questions arise about how much advance notice is required, whether vacation time supersedes regular parenting time, how travel expenses are divided, and what happens when both parents want the same vacation period.

Technology and Communication Issues

Modern parenting agreements must address technology-related concerns that didn’t exist a generation ago. Issues include which parent provides cell phones, who pays for devices and data plans, rules about social media access and monitoring, and protocols for virtual visitation when distance separates parent and child.

Communication between co-parents has also evolved with technology. While email and co-parenting apps can facilitate better communication, they can also create new conflicts. Agreements should specify communication methods, response timeframes, and guidelines for respectful interaction.

Educational and Medical Decision-Making

Disagreements about educational choices—including school selection, special education services, tutoring, or extracurricular activities—commonly arise as children’s needs become clearer over time. Similarly, medical decision-making disputes involving mental health treatment, elective procedures, medication management, or alternative therapies may require clarification of the agreement.

The pandemic’s aftermath has introduced new considerations regarding vaccination decisions, remote learning options, and health precautions that many existing agreements don’t address.

How Certified Family Law Specialist Judy Burger Can Help

Judy L. Burger holds the prestigious designation of Certified Family Law Specialist by the State Bar of California Board of Legal Specialization. This certification, held by fewer than 10% of California family law attorneys, demonstrates exceptional knowledge, experience, and skill in family law matters, including modifications to parenting agreements.

With extensive experience helping California families navigate custody and visitation issues, Judy Burger understands that parenting agreements must be both legally sound and practically workable. She takes time to understand your family’s unique dynamics, your children’s specific needs, and your co-parenting challenges before recommending modifications.

The Law Offices of Judy L. Burger can help you determine whether informal modifications should be formalized, whether significant changes warrant formal modification proceedings, or whether mediation might resolve disputes without court intervention. Judy’s approach prioritizes children’s best interests while protecting your parental rights and creating sustainable solutions.

Whether you need minor tweaks to an existing agreement or comprehensive modifications addressing changed circumstances, Judy Burger provides strategic guidance grounded in deep knowledge of California family law. She helps parents draft clear, comprehensive provisions that minimize future disputes and create frameworks for addressing issues as they arise.

Frequently Asked Questions About Parenting Agreements

How often should I review my parenting agreement?

Parents should review their parenting agreements at least annually, ideally at the start of each year or before the new school year begins. Additionally, review your agreement whenever significant life changes occur, such as job changes, relocations, remarriage, or shifts in your child’s needs. Regular reviews help identify issues before they become conflicts.

Can we modify our parenting agreement without going to court?

Yes, if both parents agree to modifications, you can create a written stipulation outlining the changes and submit it to the court for approval. This process is typically faster and less expensive than contested modification proceedings. However, informal changes without court approval aren’t legally enforceable, so formalizing even agreed-upon modifications is important.

What constitutes a significant change of circumstances for modification?

California courts require a significant change of circumstances to modify custody orders. This includes substantial changes in a parent’s living situation, work schedule, or ability to care for the child; the child’s changing needs as they mature; relocation; remarriage affecting the household; or evidence that the current arrangement harms the child’s welfare.

How does my child’s preference factor into agreement modifications?

California law allows courts to consider children’s preferences when they’re mature enough to express reasoned opinions, typically around age 14. However, judges consider children’s wishes as one factor among many, not the sole determining factor. The child’s reasoning, both parents’ relationships with the child, and the child’s overall best interests all matter.

What if my co-parent won’t agree to the necessary changes?

When parents cannot agree on modifications, you can file a Request for Order asking the court to modify your parenting agreement. You’ll need to demonstrate that circumstances have changed significantly since the original order and that the proposed modification serves your child’s best interests. Having experienced legal representation significantly improves your chances of achieving favorable modifications.

Start 2026 with a Parenting Agreement That Works

Don’t let an outdated parenting agreement create unnecessary stress and conflict in 2026. Whether you need minor adjustments or significant modifications, The Law Offices of Judy L. Burger provides the experienced guidance you need to create parenting arrangements that truly serve your family’s current needs.

Contact Certified California Family Law Specialist Judy Burger today to schedule a consultation. With offices throughout California, we’re ready to review your existing agreement, identify areas needing modification, and help you create solutions that prioritize your children’s well-being while protecting your parental rights.

Call us or visit our website to take the first step toward a parenting agreement that works for your family in 2026 and beyond.

Dealing with Ongoing Financial Obligations During a Divorce
California Divorce, Debt, Mediation, Property Division

Ongoing Financial Obligations During a Divorce

Divorce is rarely simple, and one of the most challenging aspects is managing ongoing financial obligations while your case works its way through the legal system. In California, divorce proceedings can take months or even years to finalize, and during that time, bills don’t stop coming. Mortgages, car payments, credit cards, and children’s expenses continue to demand attention, often creating stress and conflict between separating spouses.

Common Ongoing Financial Obligations

Understanding how to handle these shared financial responsibilities during divorce is crucial for protecting your credit, maintaining stability for your children, and positioning yourself for a fair settlement. At The Law Offices of Judy L. Burger, we help clients navigate these complex financial waters with clarity and strategic planning.

Mortgage and Housing Costs

For most couples, the family home represents their largest shared financial obligation. During a divorce, questions arise about who should pay the mortgage, property taxes, homeowners’ insurance, and maintenance costs. If one spouse moves out, should they still contribute? What happens if the remaining spouse can’t afford the full payment alone? These questions become even more complicated when home equity is a significant marital asset that will eventually be divided.

Credit Card Debt

Credit cards opened during marriage are typically considered community debt in California, regardless of whose name appears on the account. During divorce proceedings, new charges may accumulate, and existing balances may continue to accrue interest. Disputes often arise about who should pay for which cards, especially when one spouse believes the other is spending irresponsibly.

Auto Loans and Leases

Vehicle payments present unique challenges when spouses separate. The person driving the car isn’t always the person whose name is on the loan. If you’re making payments on a vehicle your spouse is using, or vice versa, this creates an ongoing source of financial tension and potential leverage in negotiations.

Children’s Expenses

Even before formal child support orders are established, children need food, clothing, medical care, childcare, and educational expenses. Parents must figure out how to share these costs fairly while living separately, often with reduced household incomes due to the expenses of maintaining two homes.

Utilities and Services

Phone plans, internet, streaming services, insurance policies, and utility bills often remain in one person’s name while both spouses are benefiting from them. Separating these accounts and determining who pays what during the divorce process requires careful coordination.

Spousal Support Obligations

In some cases, temporary spousal support may be ordered while the divorce is pending, creating a new financial obligation that must be met regardless of other financial pressures.

How Ongoing Financial Obligations Complicate Divorce

How can these expenses complicate matters if not handled properly?

Credit Score Impact

When financial obligations aren’t met during divorce, both spouses’ credit scores can suffer, even if only one person stopped making payments. A joint mortgage or credit card in both names means both parties are legally responsible, and missed payments appear on both credit reports.

Leverage and Power Imbalances

The spouse who controls the finances or earns more income may have significant leverage during divorce negotiations. They might threaten to stop paying certain obligations to pressure the other spouse into accepting unfavorable terms.

Documentation Challenges

Tracking who paid what during the separation period becomes critical for property division and reimbursement claims. Without clear records, disputes arise about whether certain payments should be credited against the final settlement.

Emotional Decision-Making

Financial stress during divorce often leads to poor decisions made out of anger, fear, or desperation. One spouse might max out credit cards, stop paying bills out of spite, or make large purchases to “get their share” before assets are divided.

Temporary Orders Delays

It can take weeks or months to get temporary orders in place addressing financial obligations. During this gap, couples must somehow figure out payment arrangements on their own, often without clear legal guidance.

Practical Advice for Managing Financial Obligations

Attorney Judy Burger has vast experience helping divorcing couples through these murky financial waters. Here are her top recommendations:

  1. Document Everything: Keep meticulous records of every payment you make, including screenshots, bank statements, and receipts. Note the date, amount, and purpose of each payment. This documentation protects you if disputes arise over who paid what during the divorce.
  2. Communicate in Writing: Discuss financial matters with your spouse via email or text message whenever possible. Written communication creates a clear record and reduces misunderstandings about payment agreements.
  3. Open Separate Accounts Immediately: If you haven’t already, open individual bank accounts and credit cards in your name only. Begin redirecting your income to your separate account. This prevents your spouse from accessing or depleting funds you’ll need for living expenses and legal fees.
  4. Request Temporary Orders Quickly: Don’t wait to seek temporary orders addressing financial obligations. These court orders can establish who pays what during the divorce process, providing structure and legal enforceability. Temporary support orders can also be established to help the lower-earning spouse meet basic needs.
  5. Continue Making Agreed-Upon Payments: Even if you’re angry with your spouse, continue making payments on joint obligations where possible. Defaulting on mortgages or loans hurts both of you and can complicate property division. Your attorney can seek reimbursement for payments you made on your spouse’s behalf.
  6. Prioritize Secured Debt: If you must choose which bills to pay, prioritize secured debts like mortgages and car loans. Defaulting on these can result in foreclosure or repossession, creating far more serious problems than late credit card payments.
  7. Consider Mediation for Financial Disputes: If you and your spouse can’t agree on how to handle ongoing obligations, mediation may help you reach temporary agreements without costly court battles.

How Judy Burger Can Help

As a California Certified Family Law Specialist, Judy L. Burger has dedicated her practice to helping clients through the financial complexities of divorce. This certification, held by fewer than 10% of California family law attorneys, reflects advanced knowledge and proven experience in family law matters.

Judy can help you obtain temporary orders quickly to establish clear financial obligations during your divorce. She’ll work to protect your credit and financial interests while building a strong case for fair property division. Her team can help you gather and organize financial documentation, identify hidden assets or debts, and develop strategies for managing obligations during the divorce process.

Whether through negotiation, mediation, or litigation, Judy Burger provides skilled representation focused on achieving outcomes that protect your financial future.

Divorce and Finances FAQs

Am I responsible for debts my spouse incurs after we separate?

In California, debts incurred after the date of separation are generally considered separate debt, belonging only to the spouse who incurred them. However, establishing the exact separation date can be complex, and some exceptions apply. Proper legal guidance is essential.

Can I stop paying the mortgage if I move out of the family home?

This depends on several factors, including who is named on the mortgage and what temporary orders are in place. Stopping payment can damage your credit and affect property division. Consult with an attorney before making this decision.

What happens if my spouse empties our joint bank account?

California law requires full financial disclosure and prohibits dissipating marital assets. If your spouse empties accounts, you may be entitled to reimbursement. Document the withdrawal and contact an attorney immediately.

How quickly can I get temporary spousal support?

Temporary support orders can typically be obtained within a few weeks to a couple of months of filing a request with the court. The timeline depends on court scheduling and whether your spouse contests the request.

Should we file taxes jointly during our divorce?

This depends on your specific situation. Filing jointly may provide tax benefits, but it also creates joint liability. Your attorney and tax professional should review your circumstances before you decide.

Protect Your Financial Future Today

Navigating financial obligations during divorce requires strategic planning and knowledgeable legal guidance. Don’t face these challenges alone or make costly mistakes that could affect your financial security for years to come.

Contact The Law Offices of Judy L. Burger today to schedule a consultation. With offices throughout California, Judy Burger and her team are ready to help you protect your interests and achieve a fair resolution. Call now to discuss your situation and learn how we can help you move forward with confidence and financial stability.