When Can You Terminate Child Support in CA?
Child Support

When Can You Terminate Child Support in CA?

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

What Are My Child Support Obligations in California?

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

Conditions for Terminating Child Support

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

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

What Do I Need to Legally Terminate Child Support?

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

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

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

Experienced CA Child Support Attorney

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

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

 

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

Revocable Trusts in a Divorce Property Division

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

What is a Revocable Trust?

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

Revocable Trusts and Community Property

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

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

Key Considerations in Divorce Proceedings

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

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

What About Commingled Assets?

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

Legal Assistance with CA Property Division

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

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

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

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

Child Custody Issues After a Natural Disaster
Child Custody

Child Custody Issues After a Natural Disaster

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

What Impact Can Natural Disasters Have on Child Custody?

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

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

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

Key Considerations for Custody During and After a Disaster

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

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

Legal Assistance and Support

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

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

Custody Agreement Assistance After Natural Disasters

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

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

 

Is Domestic Violence On the Rise in California?
California Divorce, Child Custody, Domestic Violence, Marriage, Restraining Order, Restraining Order, Termination of Parental Rights

Is Domestic Violence On the Rise in California?

As conversations surrounding domestic violence increase, residents need to understand the current state of this serious issue in California. Domestic violence, which encompasses physical, emotional, and psychological abuse, has far-reaching consequences for individuals and communities. CA Certified Family Law Specialist Judy L. Burger explores this topic so you can better understand the challenges we face in combating domestic violence in the Golden State.

Startling Facts On Domestic Violence

The following facts are based on the 2023 California Violence Experiences Survey (CalVEX):

  • More than half of California women experience intimate partner violence in their lifetime.
  • One in 30 women – more than 460,000 in California – experienced physical and/or sexual violence from a partner in just the past year, and those reporting these abuses in the past year faced greater health and social risks.
  • 9% of women and 31.1% of menin California experience intimate partner violence or stalking in their lifetime. 
  • In 2021, California reported over 1,300 human trafficking cases, the most reported cases of human trafficking in the United States.

“Women who experienced intimate partner violence in the past year are more likely to be contending with depression, anxiety, and suicidality, and they are also more likely to have faced recent eviction,” said Jakana Thomas, a professor of political science at the School of Global Policy and Strategy.

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 the gross domestic product for California. 

Factors Contributing to the Rise

Domestic violence is a complex issue influenced by various social, economic, and psychological factors. Some of the reasons contributing to its rise may include:

  1. Economic Stress: Economic challenges, such as unemployment or financial insecurity, can increase tensions within households, leading to conflicts that may escalate into violence.
  2. Increased Substance Abuse: Stressful situations can lead to increased alcohol or drug use, which may contribute to aggressive behavior and exacerbate existing tensions in relationships.
  3. Social Norms and Attitudes: Societal acceptance of violence as a means of conflict resolution can perpetuate cycles of abuse. Cultural attitudes towards gender roles and power dynamics in relationships can also impact the prevalence of domestic violence.
  4. Lack of Education and Resources: A lack of education about healthy relationships and available resources can keep victims stuck in abusive situations. Many may not know how to seek help or where to turn.
  5. Historical and Ongoing Trauma: Individuals who have experienced violence in their own families or communities may be more likely to either perpetrate or experience domestic violence themselves, perpetuating cycles of abuse.

Domestic Violence and the Law

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

California law specifies that domestic violence encompasses any type of abuse inflicted upon an “intimate partner,” which is broadly defined to include almost a dozen different relationships. This includes the deliberate or careless application of physical force against the individual or the act of threatening to use force against them.

The Importance of Taking Action

The issue of domestic violence is critical. Do not wonder how long you must suffer – when you or your child experience abuse or feel threatened, that is the time to act. If you or someone you know is experiencing domestic violence, please reach out to the National Domestic Violence Hotline at 1-800-799-SAFE (7233). Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order. Together, we can work towards breaking the cycle of violence and creating a safer future for everyone.

 

Is My Spouse Entitled to Half My House If It's In My Name in California?
California Divorce, Debt, Property Division

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

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

Understanding Community Property in California

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

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

Exceptions: Separate Property

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

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

Protecting Your Family Home

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

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

Seek Legal Guidance from an Experienced CA Property Division Attorney

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

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

 

Changes to CA Child Support Laws for 2025
California Divorce, Child Custody, Child Support, Marriage

Changes to CA Child Support Laws for 2025

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

Improving Parenting in the 21st Century

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

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

Periodic Reviews Of Child Support Orders

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

How Do These Changes Affect You?

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

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

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

 

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

Reviewing My Parenting Plan for 2025

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

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

Understanding the Current Landscape

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

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

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

Setting Goals for 2025

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

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

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

Get Help with Your CA Parenting Plan

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

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

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

Top Tips for the Smoothest Property Division

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

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

Property Division Top 10 Tips

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

1. Know What Property is Marital vs. Separate

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

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

2. Create a Comprehensive Inventory

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

3. Assess the Value of Your Property

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

4. Understand the Impact of Debts

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

5. Prioritize Open Communication

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

6. Consider Mediation or Collaborative Law

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

7. Be Realistic with Your Expectations

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

8. Keep Emotion in Check

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

9. Document Everything

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

10. Consult a CA Certified Family Law Specialist

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

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

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

 

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

What Are Sufficient Grounds for an Elder Abuse Restraining Order?

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

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

What Constitutes Elder Abuse?

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

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

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

Grounds for Obtaining an Elder Abuse Restraining Order

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

Proven Abuse or Threat

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

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

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

Relationship with the Abuser

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

Immediate Danger

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

Request for Supportive Evidence

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

Protect Your Loved Ones from Elder Abuse

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

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

 

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

Why Should I Pay Spousal Support After a Divorce?

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

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

Understanding Spousal Support

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

Reasons to Consider Paying Alimony

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

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

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

Factors Influencing Spousal Support Decisions

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

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

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

CA Spousal Support Assistance

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

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