pet custody
California Divorce, Pet Custody

What Happens to Your Pet During a California Divorce?

Pets are beloved family members for many people, and divorce can be challenging for everyone involved. This is especially true when it comes to pets. California family law treats pets differently than other marital assets, and it is important to understand the legal implications of separating from your partner when you have a furry friend. This blog post will take a closer look at how California divorce laws treat pets and provide some practical advice on what you can do to ensure your pet’s best interests are always taken into account.

 

An Overview of How California Divorce Laws Treat Pets

 

In California, pets are considered “property” during a divorce. This means that they are subject to the same distribution laws as other assets, such as a car or house. However, there is one essential difference: pets are living beings that require care and attention. Unlike other property items, judges don’t have the authority to divide pets in half if couples can’t agree on what to do with them. Instead, the responsibility falls on the court to decide who will retain custody of the pet after the divorce is final.

 

Property vs. Custody – What’s the Difference for Pets in a Divorce Case

 

As mentioned before, in a divorce case, pets are treated differently than other assets. When determining what happens to a pet, judges don’t award “custody” like they would for children. Instead, they grant “possession.” This means that one party will be authorized to keep the pet, and the other party will not have any legal rights to demand visitation or other input. It is also worth noting that pets are not subject to child support obligations, and judges don’t assess financial payments to the party that retains possession.

 

Understanding the Role of Pet Agreements in California Divorces

 

Pet agreements are a vital part of any divorce proceeding where pets are involved. These agreements are essentially legal documents laying out arrangements for the care and custody of pets during and after the divorce is final. A couple can use pet agreements to help avoid pet disputes and provide guidelines for responsibilities like taking pets to the vet and feeding them. California courts will typically enforce pet agreements, so it’s essential to ensure you create one that is in your pet’s best interests.

 

Factors Used to Determine the Best Interests of Your Pet During a Divorce

 

When determining your pet’s best interests during a divorce, a court considers several factors. Some of the things that judges consider include but are not limited to, who has been the pet’s primary caregiver, the emotional attachment of each party to the animal, and the stability of the pet’s living environment. Judges may also look at whether either party has a history of animal cruelty or neglect. When discussing your pet’s future during the divorce proceedings, it is essential to highlight these factors.

 

What You Can Do to Secure Your Rights to Your Pet in a Divorce 

 

One of the essential steps you can take to secure your rights to your pet during a divorce is to demonstrate the love, care, and attention you give to your pet. This will help you build a case that can appeal to the court while safeguarding your pet’s welfare. Another thing you can do is document all aspects of your pet’s care in detail, such as veterinary bills, grooming schedules, and the emotional bond between you and your pet. These documents will show the court what is in the pet’s best interest and help the court make a fair decision.

 

Divorce proceedings and pet custody can be a complex process; hence, it is essential to involve a competent California family law attorney and advocate for your interests. At the Law Offices of Judy L. Burger, we specialize in family law, including divorce, child custody, and pet custody. We have successful experiences in handling various divorce and pet custody cases. Our dedicated attorneys are committed to walking with you every step of the way, providing legal guidance, support, and unmatched representation. Contact us to schedule an appointment. 

divorce papers
California Divorce

What to Do if Your Spouse Won’t Sign the Divorce Papers

Divorce is never easy, especially if your spouse is uncooperative. One of the most significant issues that can cause a delay in the divorce process is when one party refuses to sign the papers. This can be frustrating and stressful, but there are steps you can take if you find yourself in this situation. In this blog post, we will discuss what to do if your spouse won’t sign the divorce papers in California.

 

Understand Your State’s Divorce Laws

 

The first thing you need to do is research the divorce laws in California. In most cases, they require both parties’ signatures for the divorce to be valid. However, there are some exceptions to this rule. For example, if they can’t locate your spouse, or if the spouse does not respond, you may proceed with the divorce without their signature. It’s essential to understand the requirements in your state before proceeding with the next steps.

 

Consult with an Experienced Lawyer

 

It’s always a good idea to consult with an experienced divorce lawyer before taking any legal action. They can provide you with guidance and help you understand your options. They may also have strategies to help convince your spouse to sign the papers. If you and your spouse can’t agree, your lawyer can help you prepare for court proceedings and get the divorce finalized.

 

Communicate Clearly

 

Communicating clearly is the first step to dealing with a spouse who won’t sign the divorce papers. Openly discuss why you want a divorce and explain why you feel it is warranted, even if they disagree. It’s essential to be as transparent as possible to help them understand why divorce is necessary. If there are specific issues to address, try to compromise and find common ground.

 

Offer Options

 

It’s important to remain calm and patient with your spouse as you work through the divorce process. Keep in mind that everyone is different, and sometimes people need time to come around to the idea of divorce. Offer your spouse different options for proceeding with the divorce, such as using an experienced family lawyer for mediation. This can help to ease some of the tension and make the process less antagonistic.

 

Consider Alternative Dispute Resolution Methods

 

If communication fails and negotiations break down, consider mediation or arbitration as an option for resolving issues outside of court. This can be a cost-effective method for resolving disputes between spouses when traditional negotiations or counseling have not worked. Mediation is voluntary, confidential, and private and can assist with facilitating agreements between couples to settle any divorce-related issues without court intervention. 

 

File with the Court

 

Take the necessary steps to file with the court, even if your spouse won’t sign, as long as you meet all other legal requirements according to your state’s law. In California, your spouse has 30 days to file a response to your petition. If they do not respond within 30 days, you can file a Request to Enter Default, giving you the right to finalize the divorce without your spouse’s signature.

 

If you are going through a divorce in California and your spouse won’t sign the divorce papers, it’s vital to seek out an experienced family lawyer who can help you through the process. At the Law Offices of Judy L. Burger, our team of experienced family law attorneys can help you with alternative dispute resolution methods and other legal options. Contact us today to schedule a private appointment. 

 

out of state
California Divorce, Child Custody

Can You Move Out of State With Your Kids After a Divorce in California?

Divorce is a difficult process, and things can become even more complicated when children are involved. One of the biggest challenges can be deciding where the children will live and how custody and visitation will be structured. For some divorced parents, the idea of moving out of state with their kids may be appealing. They may want to be closer to family, start a new job, or begin a new chapter in their life. However, before taking any steps, it is important to understand the legal considerations and potential roadblocks that could arise. This blog post will explore what you need to know about moving out of state with your children after a divorce in California.

 

What to Consider Before Moving Out-of-State with Your Kids After Divorce

 

First and foremost, it is essential to consider the best interests of your children. Will moving out of state mean they will be farther away from the other parent? Will it disrupt their school or extracurricular activities? Additionally, if you have a custody and visitation agreement in place, you will need to review it to see if there are any restrictions on moving. It would help if you also considered the cost of living in the new state, job opportunities, and the availability of support systems. It is a big decision that requires careful thought and consideration.

 

Potential Roadblocks that Could Prevent You from Moving Out of State with Your Children

 

Even if you believe that moving out of state is in your children’s best interests, several potential roadblocks could arise. For example, the other parent may object to the move and file a motion with the court to prevent it. Additionally, there may be a provision in your custody and visitation agreement that prohibits you from moving out of state without the other parent’s consent. Finally, if you are in the process of getting a divorce, the court may require you to remain in California until the divorce is finalized.

 

What Happens if the Other Parent Objects to You Moving Out of State?

 

If the other parent objects to your proposed move, you will need to go through a legal process to get permission from the court. This may involve attending a hearing and presenting evidence as to why the move is in the children’s best interests. The court will consider factors such as the reasons for moving, the impact on the children, and the availability of visitation opportunities for the other parent. You will need to work with an experienced California family lawyer who can guide you through this process.

 

The Process of Getting Permission From the Court to Move Out-of-State with Your Kids

 

If you are seeking to move out of state with your children, you must file a request for a move-away order with the court. This request should include information about the proposed move, the reasons for it, and how it will benefit the children. You may also need to include a parenting plan that outlines how the other parent can maintain a relationship with the children. Once filed, the other parent will have an opportunity to object to the request, and the court can schedule a hearing. 

 

What You Need to Do Once You Have Gained Permission to Move Out-of-State

 

If the court grants your request and gives you permission to move out of state, you will need to update your custody and visitation agreement accordingly. This may involve negotiating a new agreement with the other parent and submitting it to the court for approval. Additionally, it would help if you considered practical matters such as finding a new home, registering the children for school, and establishing new support systems.

 

If you are considering moving out of state with your children after a divorce, it is essential to work with a skilled and experienced California family lawyer who can guide you through the legal process. At the Law Offices of Judy L. Burger, we are committed to helping families find solutions that work for everyone involved. Contact us today to schedule a consultation and learn more about how we can help.

community or separate property
California Divorce, Property Division

How to Determine Whether an Asset is Separate or Community Property

Divorce is not always straightforward, especially when property division becomes involved. In California, property division is based on separate and community property, but determining which assets fall into each category can become complicated. This blog post will discuss the difference between separate and community property, what makes an asset separate or community, and provide examples of each. We also discuss when to seek professional help from a California property division lawyer to ensure fair asset allocation in a divorce settlement.

 

Defining Separate and Community Property

 

Separate property is any assets acquired prior to marriage or after legal separation. These assets are typically owned and controlled solely by one spouse and are not subject to division during divorce proceedings. Community property refers to assets acquired during the marriage, including income, property, and debt, which are considered owned equally by both spouses.

 

What is the Difference between Separate and Community Property in a Marriage?

 

The critical difference between separate and community property is the degree to which each spouse has legal ownership and control. Separate property remains under one spouse’s sole ownership and control, whereas both spouses have an equal right to control community property. In the event of a divorce, separate property assets belong exclusively to the spouse who owns them, while community property assets are divided equally between the divorcing spouses.

 

When Does an Asset Become Separate or Community Property in California?

 

The general rule is that property acquired during a marriage is community property, while property acquired before marriage or after legal separation is separate property. However, certain factors can complicate this standard. For example, property acquired with separate property funds during the marriage can become community property. Similarly, a business started before marriage can become community property if it grows and increases its value during the marriage.

 

Examples of Separate Property in a Marriage

 

Examples of separate property include assets owned before marriage, inheritances or gifts received during the marriage from an individual to one spouse, personal injury settlements awarded to one spouse, and property purchased with separate funds during the marriage.

 

Examples of Community Property in a Marriage

 

Examples of community property include homes, vehicles, debt, bank accounts, investments, businesses, and retirement benefits datable during marriage.

 

Gifting Between Spouses – Is it Separate or Community Property?

 

Gifts between spouses are considered separate property and are generally not subject to division during divorce proceedings. However, gifts are often complicated by the property’s source and each spouse’s intent.

 

When to Seek Professional Help for Determining Separate vs Community Property

 

Determining which assets are separate or community property can become challenging, especially if the couple owned a business, real estate, stocks and bonds, or other investment assets. Moreover, when a divorce becomes increasingly contentious, dividing property and assets fairly can be challenging. If you suspect that your spouse may be hiding or concealing assets or are concerned about property division, seeking a knowledgeable California property division lawyer for assistance is highly advisable.

 

At the Law Offices of Judy L. Burger, we specialize in family law, including property division. Our California property division lawyers have a proven track record of representing clients dealing with complex assets and valuations. We understand the stress and emotional turbulence often associated with divorce proceedings, and we are dedicated to helping our clients navigate the property division process. You can trust our knowledge and expertise to ensure a fair property division settlement. Contact us today to schedule a private appointment. 

property division
California Divorce, Property Division

How Does Property Division Work When Getting a Divorce in California?

Divorce can be an emotional and challenging experience. It can be even more complicated when dividing assets and property. Property division can vary from state to state, and California is no exception. This blog post will explore the basics of property division in California divorce cases, including what constitutes marital and separate property, community property, and how complex property division can be in California law cases. 

 

The Basics of Property Division in California Divorce Cases

 

In California, property division in divorce follows the principle of community property, which is where all assets and debts accrued during the marriage are equally owned by both spouses. This means it’s a 50-50 split. However, there are exceptions to this rule. Gifts or inheritances given specifically to one spouse or property owned before the marriage or after separation are not included in the split and are considered separate property. 

 

Defining Marital and Separate Property

 

When distinguishing between marital and separate property, it’s important to know some key differences. Marital, or community, property is typically everything that you and your spouse acquired or earned during the marriage. This can range from everything from the house you bought together, the income you both earned, to the debts accumulated during this period. On the other hand, separate property includes any assets or debts that one spouse acquired before the marriage, during the marriage as a gift or inheritance specifically to them, or after separation. Furthermore, any property that the spouse declares to be separate property is also considered as such. So, the key differences are the timing and the specific circumstances under which the property was acquired.

 

What is Community Property, and How Does it Get Split in a Divorce Case?

 

As mentioned earlier, community property comprises all assets and debts acquired during the marriage. This includes income, assets purchased by either spouse during the marriage, stock options, retirement accounts, and real estate purchased during the marriage. In most cases, community property is divided equally between the spouses, but the court will also consider factors such as each spouse’s earning capacity, their contribution to property acquisition, and their financial needs. 

 

How Complex Can Divorce Property Division Be in California Law Cases

 

The complexity of property division in California can depend on the nature of the assets involved. Valuing and dividing real estate, business interests, investments, and retirement accounts can be complex and require the assistance of financial experts. In some cases, the court may order the sale of assets to divide the value of community property equally. 

 

Strategies to Help Make the Process Easier

 

Divorce and property division can be stressful and emotionally draining. Here are some strategies to help make the process easier: 

 

  • Hire an experienced attorney who specializes in divorce cases and is knowledgeable about California’s property division laws.
  • Gather and organize all financial documents and records, including tax returns, bank statements, and investment account summaries.
  • Consider alternative dispute resolution methods like mediation or collaborative divorce, which can help avoid going to court and reduce costs.
  • Be willing to negotiate and compromise with your spouse. Divorce is never easy, but it helps to be open-minded and willing to work towards a mutually beneficial agreement.

 

Divorce and property division can be complex and emotionally draining. At the Law Offices of Judy L. Burger, we have experienced divorce attorneys specializing in California’s property division. Our team is knowledgeable about California family law and will help ensure a fair distribution of assets. We also offer various dispute resolution methods, making the process as stress-free as possible for our clients. Contact us today to schedule a private appointment. 

legal vs. physical custody
Child Custody

Legal Custody vs. Physical Custody in California

As a parent in California, one of the most challenging situations you can face is a dispute over child custody. The legal system can be complicated, and it’s essential to understand the difference between legal custody and physical custody if you’re involved in a custody battle. This blog post will provide a comprehensive guide to legal and physical custody in California. 

 

Explaining the Difference Between Legal Custody and Physical Custody in California

 

Legal custody is a parent’s right to make decisions on behalf of their child. This can include decisions about the child’s education, medical care, and religious upbringing. On the other hand, physical custody is where a child will reside. It involves having the child primarily living with one parent while the other parent will have visitation rights. Custody can be awarded to one parent, or both parents can share custody.

 

How to Obtain Legal Custody of Your Child in California

 

Obtaining legal custody in California involves filing a petition with the court. The court will typically grant it if both parents agree to legal custody. However, if there is a dispute, the court will have to decide based on the child’s best interests. To prove that you are the better parent to make decisions on behalf of your child, you will need to provide evidence, such as documentation of your involvement in your child’s education, healthcare visits, and any other important decisions made on their behalf.

 

The Benefits of Having Legal Custody of a Child in California

 

Having legal custody of a child in California comes with several benefits. You can make decisions that you feel are in your child’s best interest without consulting with the other parent. This is particularly helpful if the other parent is uncooperative or lacks involvement in the child’s life. It allows you to make sure your child receives the care and support they need, and you can advocate for your child in legal matters.

 

Understanding Physical Custody and Visitation Rights in California

 

Physical custody determines with whom the child spends their time. A parent can have sole physical custody or joint physical custody. In joint physical custody, the child spends time living with both parents at different times, and each parent has significant periods of physical custody. If one parent has sole physical custody, the other parent will have visitation rights, which determine when and how long the noncustodial parent can spend with their child. This can include unsupervised and supervised visitation.

 

What You Need to Know if You’re Seeking Sole Physical Custody of Your Child

 

If you’re seeking sole physical custody of your child, you must understand that it can be complicated. The court must see evidence that you are the best option for the child and that the other parent is unfit to have physical custody. This can include providing evidence of the other parent’s inability to care for the child or evidence of neglect or abuse. It’s essential to have an experienced family law attorney representing you in court to help protect your child’s best interests.

 

The Pros and Cons Of Sharing Joint Physical Custody Of Your Child In California

 

Joint physical custody can be a beneficial solution that allows both parents to share the responsibility of raising their child. It can also allow the child to bond with both parents and maintain a stable relationship with each. However, there are some downsides to having joint physical custody. Scheduling, communication, and relocation can cause issues with joint physical custody, and it can be challenging to decide when it’s time to change custody arrangements if it’s not working.

 

If you are involved in a custody dispute in California, it’s essential to have an experienced family law attorney representing you. At the Law Offices of Judy L. Burger, we understand the complexities of child custody cases. We will fight to protect your rights as a parent and obtain the best possible outcome for your situation. Contact us today to schedule your initial consultation.

child custody
Child Custody

5 Tips for Navigating the Difficult Journey of Child Custody

Child custody is a difficult and emotional journey many parents face. This process can be particularly overwhelming and daunting if you’re unfamiliar with the legal system, state guidelines, and the complexities of each type of custody arrangement. Whether you’re going through a divorce or separating from your partner, preparing yourself for the challenging road ahead is essential. This blog post will share five essential tips for navigating the difficult journey of child custody and making it as smooth and seamless as possible.

 

Understand the Different Types of Child Custody Arrangements

 

Before you begin the child custody process, it’s important to understand the different types of custody arrangements available. In general, there are two main types of custody: legal custody and physical custody. Legal custody refers to the right to decide on your child’s education, healthcare, and welfare. On the other hand, physical custody refers to the child’s residence and with whom they live. Within these two main categories, there are a variety of custody arrangements, including joint legal custody, sole legal custody, joint physical custody, and sole physical custody. Understanding these different arrangements is vital to help you make an informed decision about which arrangement may be best for your family.

 

Follow the State’s Guidelines for Child Custody Agreements

 

Each state has its guidelines and laws regarding child custody. As such, you must familiarize yourself with California’s laws and policies if you live in the state. Understanding these rules will help you navigate the custody process more confidently and adhere to all legal requirements. For example, in California, the court will consider several factors when determining a child’s best interests, including the child’s safety, well-being, and how involved each parent is in the child’s life.

 

Know Your Rights and Responsibilities

 

As a parent, you have both rights and responsibilities when it comes to your child. It’s important to understand both of these aspects fully so that you can go into the custody process confidently and clearly understand your role. For example, you have the right to spend time with your child and make decisions regarding their care, but you also have a responsibility to provide financially for your child and ensure their safety and well-being.

 

Create a Co-Parenting Plan with Your Ex-Partner

 

One of the biggest challenges of child custody is co-parenting with your ex-partner. Creating a co-parenting plan that outlines how you and your ex-partner will share custody and make decisions regarding your child is essential. This plan should include a schedule for visitation, guidelines for communication, and how you’ll handle disputes or disagreements that may arise in the future. By creating a solid co-parenting plan, you’ll be able to avoid potential conflicts and make the custody process as smooth as possible for your child.

 

Know the Importance of Putting Your Child’s Needs First

 

Ultimately, the most critical aspect of child custody is putting your child’s needs first. Your child’s well-being should be the top priority during this process, and you should make decisions in their best interest. This means putting aside your own feelings or desires and focusing on what is best for your child’s safety, health, and overall well-being.

 

By following these five essential tips, you can confidently navigate the process and make decisions that are in your child’s best interest. It’s also important to reach out to legal professionals who can provide guidance and support throughout the process. If you’re currently going through a custody battle and need legal assistance, don’t hesitate to contact us at the Law Offices of Judy L. Burger. Our team of experienced professionals can help ensure that your legal rights are protected and that you feel confident and prepared as you navigate this difficult time.
spouses
California Divorce, Spousal Support

Spousal Support When Both Spouses Work

It’s becoming increasingly common for both spouses in a marriage to earn an income. However, when a couple decides to divorce, spousal support can still be awarded, even in dual-income households. Spousal support is a payment made by either spouse to the other to support their living standard after divorce. But how does spousal support work when both spouses work, and what factors affect the amount of support awarded? This blog post will explore the ins and outs of spousal support in California, specifically in dual-income households.

 

What is Spousal Support, and Who is Eligible for it in a Dual-Income Household?

 

Spousal support is a financial payment one spouse makes to the other after separation or divorce. The purpose of this payment is to help support the lower-earning spouse and allow them to maintain the lifestyle they had during the marriage. In California, the court will consider several factors when determining if spousal support is appropriate, including:

 

  • Each spouse’s income
  • The duration of the marriage
  • The age of both parties
  • The standard of living during the marriage
  • Each spouse’s physical and emotional health
  • The financial needs of each party
  • The division of property in the divorce settlement

 

Considering the Tax Implications of Spousal Support Payments

 

For the party paying spousal support in a dual-income household, it’s essential to understand the tax implications of these payments. In California, spousal support payments are tax-deductible for the paying spouse and considered taxable income for the receiving spouse. However, this rule only applies if the payments are court-ordered. If spouses agree to an amount outside of court, those payments are not tax-deductible for the payor.

 

Factors Courts Consider When Deciding Spousal Support Amounts

 

The amount of spousal support awarded in a dual-income household will vary depending on the individual circumstances of the case. The court will consider the needs of the spouse receiving support and the ability of the other spouse to pay. In California, spousal support is generally calculated by taking 50% of the paying spouse’s net income, then subtracting 40% of the receiving spouse’s net income. However, this is only a guideline and doesn’t consider other factors, such as child support payments and the impact of taxes.

 

Modifying Spousal Support When One Partner Gets a Raise or Promotion

 

If the court already awarded spousal support payments in the divorce settlement, they could be modified if there is a significant change in the circumstances of the spouses. For example, if one spouse gets a raise or promotion, the court can re-evaluate the amount of spousal support. The party requesting the modification must show that the change in circumstances is significant and ongoing.

 

Pros and Cons of Receiving or Paying Spousal Support

 

There are pros and cons to consider when receiving or paying spousal support in a dual-income household. For the receiving spouse, spousal support can help maintain their standard of living and provide financial security. However, it can be a financial burden for the paying spouse, especially if they already support themselves and any children from the marriage. It’s important to discuss the pros and cons of spousal support with an experienced family law attorney.

 

Commonly Misunderstood Aspects of Spousal Support Laws


Spousal support laws can be complicated, and there are several misconceptions about the topic. For example, spousal support is not guaranteed in every divorce case, and there is no set formula for calculating the amount. Additionally, spousal support payments can be tax-deductible for the paying spouse, but only if they are court-ordered.

 

If you are considering divorce and spousal support is a concern, contact our experienced family law attorneys today. We at the Law Offices of Judy L. Burger have the knowledge and expertise to help you navigate California’s complex spousal support laws, and we will work tirelessly to ensure your rights are protected. 

disability
Child Support

Can Child Support be Taken From Disability?

It is already a daunting task for a noncustodial parent to pay child support to the custodial parent. The burden becomes even heavier for those who are disabled and heavily rely on disability payments. Many wonder if somebody can take child support from disability, and if so, what their options are. This blog post will cover all the necessary information you need to know about this matter. 

 

Explaining What Child Support Is and How It Works 

 

Child support is a regular monetary payment the noncustodial parent makes to the custodial parent who cares for the children. The amount the noncustodial parent pays is typically determined by state law, based on the child’s needs and the noncustodial parent’s income. California determines child support by a guideline calculation, which is based on the income of both parents, time spent with the children, and other factors. 

 

Can Disability Payments be Garnished for Child Support Obligations 


Disability payments can be garnished for child support obligations. Disability benefits are considered income, and if the noncustodial parent is not meeting their child support obligation, the custodial parent can seek to garnish the noncustodial parent’s disability benefits. 

 

What Are the Exceptions to Garnishing Disability Benefits for Child Support Payments 

 

There are a few exceptions to garnishing disability benefits for child support payments. If the disabled parent’s income does not exceed the minimum threshold allowed under federal law, they will not garnish. Additionally, certain disability benefits, such as Supplemental Security Income (SSI), cannot be garnished for child support. 

 

How to Protect Your Disability Benefits from Being Taken for Child Support  

 

If you are disabled and receive disability benefits but also have child support obligations, there are a few ways to protect your disability benefits from being taken for child support. One option is to work with the court and the custodial parent to modify your support order to take your disability benefits into account. Another option is to request a hardship exemption through the court, which may reduce or eliminate your child support obligation. 

 

What to Do If You Feel Your Rights are Being Violated and Your Benefits are Being Taken Unlawfully 

 

If you feel like your rights are being violated, and your benefits are being taken unlawfully for child support obligations, you should immediately contact a family law attorney. An attorney will review your case and help you file a motion to modify your support order or request a hardship exemption. 

 

Questions to Ask a Family Law Attorney About Child Support and Disability Payments 

 

When seeking out the assistance of a family law attorney, there are several questions to keep in mind. You may want to ask your attorney about how child support is determined in California, whether California can garnish disability benefits for child support, and what options are available to protect your disability benefits from being taken. You also may want to ask about the attorney’s experience and success rate in handling cases involving child support and disability payments. 

 

Choose Us as Your California Family Law Attorney 

 

If you are struggling with child support obligations and disability benefits, having a qualified and experienced family law attorney in your corner is essential. At the Law Offices of Judy L. Burger in California, we have a team of skilled attorneys who are dedicated to helping clients navigate complex family law matters. We have experience in handling cases involving child support and disability payments, and we are committed to fighting for our client’s rights. Contact us today for a consultation, and let us help you find the best solution for your unique situation. 

Child Custody
Child Custody

Sharing Child Custody in California During the Summer

For kids, summer break can be a welcome relief from the daily demands of school and extracurricular activities. For divorced parents, the end of the school year often involves adjusting to a new co-parenting routine. Although there may be challenges, sharing child custody in California during summer doesn’t have to be stressful for you or your kids.

Check Your Child Custody and Visitation Orders

When you created your custody and visitation orders, you and your ex most likely included terms that set out how you would share legal and physical custody in the summers. Before your summer schedule begins, reviewing these orders and familiarizing yourself with the expected terms may be helpful. That way, you can start preparing before the changes take place.

Ideally, you and your California child custody attorney will have taken the time to develop custodial provisions that are suited to your family’s needs. If that is not the case, or your circumstances have changed, you may need to schedule an appointment with your California child custody lawyer to review these issues and determine if you need to modify your orders.

Check-In and Communicate with Each Other

You and your ex checking in with each other on your respective summer plan may help you minimize conflict. It may be that one or both of you would like to travel with your children. As parents, it’s important to communicate with one another regarding where your children will spend time. Keeping each other in the loop may help alleviate concerns and support your co-parenting dynamic.

Be Flexible When Possible

When California child custody and visitation orders are created, the terms are typically based on the parties’ needs and circumstances at the time. However, unlike these orders, families and their requirements tend to change. It may be that when your orders were created, your family did not anticipate traveling out of state in the summer. Fast forward a few years, and one of your children may have extensive summer team commitments both in and out of state. Likewise, a parent may want to travel with the kids during a time when the other has physical custody. Depending on the circumstances, you and your ex may need to revisit the agreement and make adjustments. When parents can be together and be flexible when reasonable, it helps support the co-parenting dynamic and minimize stress for the children.

Remember, It’s Not a Contest

Sometimes parents get caught up trying to outdo one another to entertain the kids during the summer. It’s important to remember that you and your ex are not in competition. Your kids want to spend time with each of you, whatever that looks like. It may help to recognize that the time your spend together is about connecting as a family and not doing more than their other parent.

Maintain Boundaries and Spend Quality Time Together

Summer can be a more casual and relaxed time for families. There can also be more opportunities to talk to and around your kids. Just as during the school year, it’s important to maintain boundaries and not disparage the other parent in the presence of the children. You also want to work with and not against the other parent when it comes to establishing and keeping certain ground rules in place. For example, you and your ex may want to discuss bedtimes, electronics, and suitable entertainment and see if you can get on the same page. Otherwise, you or your ex may run into situations where the kids operate under vastly different rules in each parental home. Everything doesn’t have to be the same, but it may help you, your ex, and your kids if you can keep things consistent.

Contact a California Child Custody Attorney

Sometimes, it’s best for everyone if parents formally modify their child custody orders. If you believe that your orders need to be changed or updated, you should consult with an experienced California child custody attorney. The attorneys at the Law Offices of Judy L. Burger are experienced child custody attorneys who can help. Call us at 415-293-8314 to schedule a private appointment or visit our website. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.