What Should Be Covered In a CA Child Support Agreement?
California Divorce, Child Custody, Child Support, Marriage

What Should Be Covered In a CA Child Support Agreement?

Divorce often brings about numerous changes and challenges, especially when children are involved. One of the most critical aspects of post-divorce arrangements is child support, which is designed to ensure that children continue to receive financial support from both parents. CA Certified Family Law Specialist Judy L. Burger discusses what should be covered in a child support agreement.

What Is Child Support?

In California, child support is a financial obligation that one parent pays to the other for the care and upbringing of their children. This support is intended to cover essential living costs, including housing, food, clothing, education, and medical expenses. The overarching goal is to ensure that children’s needs are met, regardless of their parents’ relationship status.

Key Components of a Child Support Agreement

When creating a child support agreement, several critical aspects should be considered and clearly outlined to prevent conflicts and ensure that all needs are met.

1. Base Support Amount

The agreement should specify the base support amount that is to be paid regularly. California changed the formula for calculating child support. Beginning September 1, 2024, and continuing into 2025 and beyond, parents creating a child support agreement will use a new formula, called the “K factor.” It 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. 

It’s crucial that both parents understand how this amount was determined and agree on its payment frequency, whether monthly, bi-weekly, or according to another schedule.

CA Certified Family Law Specialist Judy L. Burger can explain these changes and how they could affect you.

2. Healthcare Expenses

Healthcare costs, including insurance premiums, co-pays, and any uncovered medical expenses, should be addressed in the agreement. Parents need to determine who will be responsible for providing health insurance for the children and how ongoing medical expenses will be shared. Having a clear healthcare provision ensures that children receive necessary medical care without financial disputes.

3. Childcare Expenses

If both parents are working or attending school, childcare expenses may also need to be included in the child support agreement. This should cover costs for daycare, after-school programs, or babysitting services. Clear specifications on how these costs will be divided can help prevent misunderstandings later on.

4. Educational Expenses

Expenses related to education should also be considered, particularly if children are enrolled in private schools or require special education services. The agreement should detail how tuition and related fees will be paid and how costs for college may be handled, including contributions each parent might make toward higher education.

5. Extracurricular Activities

Costs associated with extracurricular activities such as sports, music lessons, clubs, and other enrichment programs should be included as well. Parents should discuss and agree on how these expenses will be covered and the process for deciding on their children’s involvement in such activities.

6. Support Modifications

Life circumstances can change, and it may become necessary to modify the child support agreement over time. The agreement should include a clause outlining how modifications can be made, referencing situations like significant income changes, changes in the children’s needs, or changes in custody arrangements.

7. Enforcement and Penalties

It’s vital to include information on how the agreement will be enforced and the penalties for non-payment. California courts take child support obligations seriously, and understanding the legal implications of failing to comply with the agreement can help motivate both parents to adhere to the terms.

8. Other Key Factors

Some other notable factors to be spelled out in the agreement include:

  • Amount of each payment
  • Frequency and timing of payments (weekly on Mondays, the 1st of each month, etc.)
  • Method of payment (Check, bank transfer, etc.)
  • Monetary responsibilities by category (school fees, medical expenses, etc.)
  • How to determine whether a cost is reasonable
  • Which parent will claim the child as a dependent
  • When the child support obligation will end

Get Help Creating CA Child Support Agreements

Creating a comprehensive child support agreement is crucial for ensuring that the needs of children are prioritized following a divorce. By clearly outlining responsibilities and expectations related to financial support, both parents can contribute to a stable and nurturing environment for their children.

If you are in the process of drafting or negotiating a child support agreement in California, schedule a consultation with CA Certified Family Law Specialist Judy L. Burger. She is an experienced family law attorney who can provide personalized legal advice and assistance to help you navigate the complexities of child support and ensure that your agreement reflects the best interests of your children while protecting your rights as a parent.

 

What Can Disqualify Me from Spousal Support in California?
California Divorce, Spousal Support

What Can Disqualify Me from Spousal Support in California?

Any divorce can be challenging, especially when it comes to financial matters like spousal support. However, not every spouse is guaranteed this assistance. CA Certified Family Law Specialist Judy L. Burger discusses several factors that can disqualify an individual from receiving spousal support.

What Is Spousal Support?

In California, spousal support is court-ordered financial assistance from one spouse to the other during or after a divorce or legal separation, intended to maintain the lower-earning spouse’s standard of living. A family law judge will consider several factors when determining the length and amount of spousal support, if any, to be awarded.

Spousal support aims to help the lower-earning spouse become self-sufficient and maintain a standard of living comparable to what they had during the marriage. 

There are three main types:

  1. Temporary support: Ordered during the divorce process to ensure financial stability until the divorce is finalized. 
  2. Permanent support: Ordered at the end of divorce proceedings, potentially lasting indefinitely, especially in long-term marriages. 
  3. Rehabilitative support: Designed to help the lower-earning spouse acquire skills or education to become self-supporting. 

CA Divorce Attorney Judy L. Burger can explain more about each type and the circumstances under which you can expect to receive each type of support.

Why Would a Judge Deny Spousal Support?

Spousal support in California is not automatically granted and can be influenced by various factors. Understanding what may disqualify you from spousal support is essential as you navigate the divorce process. Let’s explore these potential disqualifications in more detail.

Duration of the Marriage

One of the key factors influencing spousal support is the length of the marriage. Typically, marriages that have lasted less than 10 years may not warrant long-term support. Shorter marriages tend to result in temporary support, which may not extend beyond the divorce process. Conversely, long-term marriages (generally those lasting over 10 years) are more likely to result in a higher likelihood of spousal support, but this can vary based on individual circumstances.

Ability to Self-Support

The court will evaluate each spouse’s ability to support themselves financially after the separation. If the receiving spouse is deemed capable of earning a sufficient income or has substantial separate assets, the court may decide against awarding spousal support. This assessment typically considers factors like education, job experience, and the availability of employment opportunities.

Adultery or Fault in the Marriage

While California is a no-fault divorce state, meaning that neither spouse is required to prove wrongdoing to obtain a divorce, the court may consider issues such as infidelity when determining spousal support. If one spouse’s actions (like committing adultery) are found to be the cause of the divorce, it may negatively impact their eligibility for support.

Remarriage of the Receiving Spouse

If the spouse who is receiving support remarries, they may automatically become ineligible to continue receiving spousal support. The rationale behind this rule is that a new marriage typically provides financial support and stability that diminishes the need for spousal support from the former partner.

Cohabitation with a New Partner

Similar to remarriage, if the receiving spouse begins cohabiting with another person in a romantic relationship, the court may consider this a reason to disqualify them from spousal support. Cohabitation can imply financial support from the new partner, which can lessen the necessity for ongoing spousal support.

Failure to Make a Good Faith Effort

The court expects the receiving spouse to make a reasonable effort to become self-sufficient. If they fail to actively seek employment or refuse to accept job opportunities that match their qualifications, they may risk losing their right to spousal support. The obligation to demonstrate a good faith effort in finding employment can be a critical factor in support determinations.

Get Help Obtaining Spousal Support In a California Divorce

By being informed about the conditions surrounding spousal support, you can better prepare yourself for the financial aspects of divorce and make decisions that align with your long-term well-being.

If you find yourself needing guidance, schedule a consultation with CA Certified Family Law Specialist Judy L. Burger. She is an experienced family law attorney who can provide personalized legal advice based on your situation.

 

Explaining “Fair Market Value” In a Property Division Settlement
California Divorce, Mediation, Property Division

Explaining “Fair Market Value” In a Property Division Settlement

When it comes to property division, particularly in the context of divorce or the dissolution of a partnership, “Fair Market Value” (FMV) is an essential concept. Understanding FMV is crucial for ensuring equitable distribution of assets and can significantly impact the outcome of property settlements. CA Certified Family Law Specialist Judy L. Burger breaks down what Fair Market Value is, how it is determined, and its relevance in property division settlements.

What is Fair Market Value (FMV)?

Fair Market Value is defined as the price that a property would sell for on the open market, under typical conditions, and between a willing seller and a willing buyer, both of whom are informed and not under any compulsion to buy or sell. In simpler terms, it represents what a property is worth in the current market, reflecting its true value based on comparable sales and market conditions.

In property division settlements, particularly during divorce proceedings, assets need to be evaluated and valued to ensure that both parties receive a fair share of the marital property. Considering FMV helps in:

  • Equitable Distribution: California requires the division of property to be “equitable,” meaning fair but not necessarily equal. FMV helps determine a realistic value for assets and guides how they should be divided.
  • Negotiations: Having an accurate FMV makes negotiations more straightforward. Both parties can enter discussions with a mutual understanding of what properties are worth, making it easier to agree on asset distribution.
  • Legal Proceedings: If a dispute arises and the case goes to court, the determination of FMV is often critical. Courts tend to rely on expert appraisals to establish FMV for assets involved in property division.

CA Property Division Attorney Judy Burger has a wealth of experience in dividing and valuing community assets and liabilities. With a keen eye for detail, she skillfully identifies separate property assets, ensuring that her clients’ individual assets are clearly acknowledged and legally confirmed. Judy has successfully navigated a variety of cases, specializing in the division of medium to large estates, where her expertise translates into effective and fair settlements for her clients.

How is FMV Determined?

Determining the Fair Market Value of a property may involve several methods:

  1. Comparative Market Analysis (CMA): This method involves comparing the property in question to similar properties that have recently sold in the same area. Real estate agents often conduct CMAs to estimate property values.
  2. Professional Appraisal: A qualified appraiser can provide an unbiased FMV assessment. To arrive at a value, they will consider factors such as property location, size, condition, and recent sales of comparable properties.
  3. Income Approach: The FMV of investment properties may be determined based on their income. This approach estimates the property’s worth based on its potential to produce income.
  4. Cost Approach: This method considers the cost to replace or reproduce the property minus depreciation. It’s often used for unique properties or those with few comparable sales.

Challenges in Determining FMV

While the concept of Fair Market Value may sound straightforward, various challenges can arise during its determination:

  • Market Fluctuations: Real estate markets are dynamic. Economic conditions, interest rates, and other factors can affect property values over time, leading to potential disputes over FMV.
  • Emotional Attachments: Parties involved in property division may have emotional attachments to certain properties, which can cloud their judgment regarding its FMV.
  • Disagreements on Valuation Methods: Different methods of determining FMV may lead to varying results, and parties may disagree on which approach is most suitable.

Understanding Fair Market Value is essential for anyone navigating property division settlements in divorce or partnership dissolutions. It serves as a cornerstone for equitable distribution and ensures that both parties are treated fairly based on the actual value of their assets.

Learn More About Fair Market Value in a CA Divorce Property Division

Engaging an experienced and qualified Family Law Specialist like Judy Burger can help clarify the value of properties in question, making the settlement process smoother and more just. Whether you’re planning to negotiate a settlement or are preparing for potential litigation, a solid grasp of FMV will empower you to advocate for your interests effectively.

Ms. Burger has extensive relationships with Forensic Accountants and Actuaries, Litigation Real Estate Appraisers, Real Estate Attorneys, Business and Corporate Attorneys, Title Companies, and Real Estate Professionals who assist her in determining the FMV of properties during divorce proceedings. Contact The Law Offices of Judy L. Burger nearest you for more information and assistance. 

Preparing for Periodic Child Support Order Reviews Under SB 343
Child Support

Preparing for Periodic Child Support Order Reviews Under SB 343

California’s new child support law, Senate Bill 343, aims to make the child support system more equitable and personalized. The new law will take effect on January 1, 2026, and one change families should prepare for is the Child Support Order review. CA Certified Family Law Specialist Judy L. Burger shares more about preparing for this new requirement.

Periodic Reviews Of Child Support Orders

Senate Bill SB 343 establishes a requirement for periodic reviews of child support orders to adjust these obligations under evolving circumstances. These reviews will consider changes in the parents’ income, employment status, and the child’s needs over time.

  1. Has your income recently increased or decreased? Why? (Retirement, layoffs, termination, job change, etc.)
  2. Has your employment status changed? How? Why? (Termination, self-employed, layoffs, retirement, changed jobs, etc.)
  3. Have the child’s needs changed? How? (Aging, health concerns, driving, school/college, working, etc.)

The new guidelines seek to maintain fairness in child support arrangements by implementing regular assessments. This ensures 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.

Here’s a more detailed explanation of how SB 343 impacts child support order reviews:

  • Mandatory Follow-up (FC 17430(e)): Local Child Support Agencies (LCSAs) are required to review cases within one year of judgment and annually thereafter, until a modified order is entered. 
  • Focus on Income and Earning Capacity: The primary purpose of these reviews is to determine if there is sufficient additional evidence to establish an order based on the defendant’s actual income, or to establish a different earning capacity order. 
  • Mandate for LCSAs: LCSAs must file a motion to modify the support order prospectively within 60 days if a review finds sufficient additional evidence to do so. 

Senate Bill 343 introduces the possibility of deviating from standard child support guidelines when payments may place an undue burden on low-income parents. This provision recognizes that a uniform approach to child support may not be suitable for every case, allowing for greater flexibility in establishing obligations based on individual circumstances. Family law attorney Judy Burger can provide guidance to help you understand how these provisions might pertain to your specific situation.

What If the Review Raises or Lowers My Child Support Obligations?

The review will examine the most current information detailing your income and expenses, and the child’s needs. This includes:

  • Your income documents
  • Your expense documents
  • Any child care expenses
  • Medical insurance
  • Your disability status
  • Jail or prison status
  • Unemployment benefits
  • Retirement income
  • Your current custody and visitation arrangements

After reviewing the information you and the other parent provide, your local agency will determine whether a modification is needed and, if so, decide on a new amount of support. As a general rule, a modification may be granted if the support order would change by 20% or $50, whichever is less.

If you disagree with the proposed changes for an increase or decrease, you are entitled to a hearing before a family court to hear your case and determine a more balanced outcome. Family law attorney Judy Burger can help you prepare and argue your case.

Ensure Compliance with New CA Child Support Laws

Family Law Attorney Judy L. Burger specializes in guiding clients through child support matters, providing expert counsel to protect your rights and prioritize your child’s best interests. As a California Certified Family Law Specialist, Judy Burger is equipped to help you navigate any changes or challenges you may face in family law issues.

If you need help addressing your family’s needs, we encourage you to contact one of our offices to schedule a consultation. You can contact us at 415-293-8314 and request an appointment at the location nearest you, which includes Gold River, San Francisco, San Jose, Beverly Hills, San Diego, Oxnard, San Rafael, or Santa Barbara, CA.

How Does Social Media Affect My Child Custody Case?
California Divorce, Child Custody

How Does Social Media Affect My Child Custody Case?

Social media content, including posts, pictures, comments, and videos, can be used as evidence in child custody cases, potentially impacting your outcome. Careful consideration of your online presence is crucial during a custody battle. California Certified Family Law Specialist Judy L. Burger knows social media’s power and potential impacts, providing significant insight into this challenge.

How Social Media Can Affect Your Child Custody Case

Family court judges put the children’s best interests first when determining custody arrangements. Parental behavior is closely scrutinized. Carrying on as usual by posting anything and everything on your social media accounts is a grave mistake. Your spouse’s attorney will put everything online under the microscope and use it against you. Even deleting posts does not help – screenshots of past messages and posts can come back to haunt you.

Here are some ways social media can negatively impact your child custody case:

  • Evidence of Parental Fitness: Judges can use social media posts to assess a parent’s character, lifestyle, and ability to provide a stable and safe environment for a child. 
  • Risky Behavior: Pictures or videos showing excessive partying, drug use, or criminal activity can raise concerns about your ability to care for a child. 
  • Negativity and Conflict: Negative comments about the other parent or public sharing of conflicts can be seen as evidence of hostility and a lack of ability to co-parent. 
  • Parenting Style and Values: Your social media presence can reflect your parenting style, values, and involvement in the child’s life. 
  • Child’s Privacy: Violating a child’s privacy by posting excessive photos of them online could lead to negative consequences and be a source of conflict with the other parent. 
  • Inconsistencies and Misrepresentations: Social media posts can be used to prove financial discrepancies or inconsistencies regarding a parent’s claims. 
  • Emotional Impact: Social media during a custody battle can be stressful and add to the emotional burden of the situation. 
  • Harassment: Social media can be used for harassment and cyberstalking. If one parent uses social media to harass, threaten, or intimidate the other parent, this can result in criminal charges.

Remember, social media posts are often accessible to law enforcement, prosecutors, and private investigators without a warrant.

Tips for Managing Social Media During a Custody Case

CA Child Custody Lawyer Judy Burger recommends the following to guide your social media activity during your custody case:

  1. Exercise Caution: Be mindful of what you post, especially regarding your ex-spouse, the child, or lifestyle. 
  2. Adjust Privacy Settings: Use your social media platforms’ privacy settings to control who can see your posts and profile information.
  3. Avoid Negative Comments: Refrain from posting negative comments or engaging in public arguments about your ex-spouse. 
  4. Be Strategic: If you wish to share photos or information about your children, do so cautiously, focusing on positive interactions and involvement. 
  5. Review Posts and Comments: Review your social media activity and be prepared for any negative repercussions or requests for screenshots during the custody case. 
  6. Less is More: If you have any doubts about what to share, don’t share anything.

What If My Spouse Uses Social Media Against Me?

If your spouse uses your social media posts against you in a custody battle, it’s a serious situation, but not insurmountable. Focus on demonstrating your ability to co-parent effectively and consult with Attorney Judy Burger to strategize on addressing this issue. Here are some valuable strategies:

  • Focus on the Facts: Present a case highlighting your positive qualities as a parent and your commitment to the child’s well-being, focusing on facts and evidence rather than emotional arguments. 
  • Turn the Tables: If you have examples of your spouse’s social media posts, especially ones that demonstrate their own issues, you may be able to use them to rebut their claims. 
  • Be Honest and Accountable: Address the social media posts calmly and rationally, explaining the context or clarifying any misunderstandings.

Seek Legal Advice for Child Custody Matters in California

Social media plays a huge role in today’s digital age. Facebook, Instagram, TikTok, and other platforms showcase people’s experiences, ideas, daily activities, and even their conflicts. This instantaneous connection with the world can have unintended consequences for your child custody case.

Consult with CA Family Law Attorney Judy Burger to understand how social media can affect your specific case and receive guidance on navigating social media during a custody battle. Contact us online or call one of our eight offices near you to schedule a consultation.   

How Do CA Gun Violence Restraining Orders Work?
Domestic Violence, Restraining Order, Restraining Order

How Do CA Gun Violence Restraining Orders Work?

California is known for strict gun laws to protect its citizens from crime and domestic violence. The state legislature first approved Gun Restraining Orders in 2016. How do CA Gun Violence Restraining Orders work, and when do you need one? CA Certified Family Law Specialist Judy L. Burger discusses CA Gun Restraining Orders and how they work.

What Is a Gun Violence Restraining Order?

A Gun Violence Restraining Order (GVRO) is a court order that prevents someone from accessing firearms and ammunition. It’s also known as a “red flag law.”  

“The GVRO provides an opportunity to remove guns from individuals who would not otherwise be prohibited from possessing firearms.” This legally binding order reduces the risk of gun-related violence for between one to five years, allowing the person in crisis to get help.

The judge may issue a temporary Gun Violence Restraining Order before the scheduled hearing and grant other restraining orders as necessary. A temporary GVRO lasts for 21 days. If the judge grants a 1-5-year GVRO, a law enforcement officer will serve the papers to the person and collect any firearms, ammunition, and magazines. The subject of a GVRO cannot legally purchase any guns, magazines, or ammunition while the order is in force. The court may extend a GVRO.

A GVRO requires the subject of the order to relinquish all firearms and ammunition and prohibits the subject from purchasing any guns or ammunition while the order is in effect.

When Would I Need a GVRO?

When should you consider petitioning the court for a gun violence restraining order? Under California Penal Code Section 18150, a Gun Violence Restraining Order can prohibit an individual who poses a significant danger of self-injury or injuring another from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm or ammunition.

Threats or acts of domestic violence are common reasons to ask for a GVRO. 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.”

The California Family Code defines domestic violence as abuse perpetrated against an “intimate partner” or family member. This can include spouses, former spouses, cohabitants, individuals in dating relationships, parents, and children. While physical violence often comes to mind first, domestic violence also encompasses emotional and psychological abuse, including threats of harm.

In the context of domestic violence, a threat can be considered abusive if it instills fear, apprehension, or intimidation in the victim. Even if the threatened harm does not materialize, the impact on the victim’s emotional well-being is considered.

How Do I Obtain a GVRO in California?

The following people can request a Gun Violence Restraining Order against an individual:

  • An immediate family member
  • An employer
  • A coworker, if they have had substantial and regular interactions with the subject for at least one year and have obtained the employer’s approval
  • An employee or teacher of a secondary or postsecondary school that the subject has attended in the last six months, if the employee or teacher has obtained the approval of a school administrator or a school administration staff member with a supervisorial role
  • A law enforcement officer
  • A roommate
  • An individual who has a dating relationship with the subject
  • An individual who has a child in common with the subject, if they have had substantial and regular interactions with the subject for at least one year

You can ask a law enforcement officer to ask for a gun violence restraining order. If it is an emergency, you can call police and ask for one right away. If you do not want to call police for help, Family Law Attorney Judy Burger can help you petition the court and handle the details.

Get Help with Gun Restraining Orders in California

You do not have to remain in threatening, abusive, or dangerous relationships. CA Certified Family Law Specialist Judy Burger can help you when you need legal protection or seek to protect someone close to you from committing harm or harming themselves. We have eight offices across California to serve you. Schedule a consultation to get answers to your questions about Gun Violence Restraining Orders and other types of restraining orders. We can offer counsel, help you file petitions with the court, and get the help you need now.  

Wasteful Misconduct and Community Property Divisions
California Divorce, Property Division

Wasteful Misconduct and Community Property Divisions

Navigating property division during a divorce can be complicated in California, particularly when issues of wasteful misconduct arise. Understanding how wasteful conduct is defined and its implications on the community property division process is crucial for both parties. California Certified Family Law Specialist Judy L. Burger discusses the implications of wasteful misconduct on property divisions and how to react if you suspect it has occurred.

What is Wasteful Misconduct?

Merriam-Webster’s Dictionary of Law defines wasteful misconduct (under ‘dissipation,’ as in ‘dissipation of marital assets’) as “to use (marital assets) for one’s own benefit and to the exclusion of one’s spouse for a purpose unrelated to the marriage at a time when the marriage is undergoing an irretrievable breakdown.”

It is also called wasteful dissipation or the dissipation of marital assets. This behavior can manifest in various ways, including

  • Extravagant spending
  • Spending money on an affair
  • Taking out loans without the other spouse’s consent
  • Selling property below market value
  • Excessive gambling
  • Reckless financial decisions
  • Giving large sums of money to family members or third parties
  • Destroying property
  • Engaging in activities that diminish property value
  • Failed investments

The Cornell Law School Legal Information Institute maintains that “economic misconduct (e.g., dissipation of assets) will be considered when dividing property.”

Community Property in California

California is a community property state, meaning that most assets and debts acquired during the marriage are jointly owned and subject to equal division upon divorce. However, the characterization of assets can become contentious when one spouse engages in wasteful misconduct that affects the value of the community estate.

Possible Impacts of Wasteful Misconduct on Property Division

Keep the following aspects of this problem in mind as you approach divorce and the suspected dissipation of marital assets:

  • Reimbursement for Dissipated Assets: If one spouse can prove that the other engaged in wasteful misconduct, they may be entitled to reimbursement for the value of the dissipated assets. This reimbursement can be considered when dividing the remaining community property, potentially impacting the final distribution.
  • Increased or Decreased Share: Courts have discretion in determining how to address wasteful misconduct when dividing property. If misconduct is proven, the errant spouse may receive a smaller percentage of the community property. In contrast, the other spouse may receive a larger share to compensate for the wasted assets.
  • Burden of Proof: The spouse alleging wasteful misconduct has the burden of proof. They must provide clear and convincing evidence of the misconduct and its impact on community property. This may require detailed financial records, testimonies, and expert evaluations to substantiate the claims.

What Should I Do If I Suspect Wasteful Misconduct in My CA Divorce?

When facing issues of wasteful misconduct in a divorce, keep the following considerations in mind:

  1. Document Everything: Maintaining comprehensive records of financial transactions is vital. This includes bank statements, receipts, and any relevant communications that may demonstrate wasteful behavior.
  2. Focus on Resolution: While addressing wasteful misconduct can be important, it is crucial to focus on the overall resolution and its long-term impact on your financial future. Aim for a property division that reflects fairness and preserves your interests.
  3. Consult with a Legal Professional: California Certified Family Law Specialist Judy L. Burger can help you navigate the complexities surrounding wasteful misconduct. She can provide guidance on evidence collection, help establish a legal strategy, and represent your interests during negotiations.

Resolving Complex Divorce Property Divisions in California

Wasteful misconduct can significantly influence the division of community property in a California divorce. Understanding the implications of such behavior and the legal recourse available is essential for both spouses. If you believe wasteful misconduct has occurred during your marriage, seek legal guidance to protect your rights and interests.

Navigating the complexities of divorce is challenging, and having a knowledgeable advocate can make a significant difference in achieving a fair resolution. If you’re facing a divorce and suspect wasteful misconduct, contact The Law Offices of Judy L. Burger for support and professional guidance tailored to your situation. 

 

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.