Category Archives: Child Support

Child Support and My 2024 Taxes

October 17, 2024 TRIWriter

Child support is a significant obligation that the State of California takes very seriously. Payers and recipients must follow established guidelines to meet legal requirements and adequately provide for their families. Questions often arise about how child support affects federal and state income taxes. Certified Family Law Specialist Judy L. Burger shares more about child support and your taxes for 2024.

Child Support 101

In California, child support is an important element of family law that provides for the welfare of children following their parents’ separation or divorce. Child support is calculated using a detailed formula that considers the income difference between parents and the amount of time the higher-earning parent spends with the children.

If there is a significant income gap and the higher-earning parent has less parenting time, they are typically required to pay more in child support. This guideline is used in a range of situations, such as divorces, cases involving unmarried parents, dissolution of domestic partnerships, and requests to modify existing support orders.

California Child Support Attorney Judy Burger can help you calculate your child support obligation and handle other matters pertaining to divorce, custody, and spousal support.

How Does Child Support Affect Taxes?

When it comes to child support and taxes, there are a few key points to keep in mind:

Child support payments are not deductible for the paying parent.
Child support is not considered taxable income for the receiving parent.
The custodial parent (the one the child lives with for the greater part of the year) can claim the child as a dependent on their tax return. However, there are specific rules and exceptions.
The noncustodial parent may only claim the child as a dependent if the special rule for a child of divorced or separated parents (or parents who live apart) applies.
A custodial parent may claim the child tax credit for a dependent child.
A noncustodial parent may be eligible to claim the child tax credit for his or her child if he or she is allowed to claim the child as a dependent and otherwise qualifies to claim the child tax credit.

Generally, paying or receiving child support does not impact your tax burden. If you’re unsure about how child support may impact your taxes, it’s always a good idea to consult with a tax professional who can provide personalized advice based on your specific situation.

Child Support Modifications and Taxes

It’s important to note that if your income changes by 20% or more, a review may be required to determine whether it affects the amount of child support you need to pay or receive. This can also impact how you calculate your tax burden. Income changes that can warrant support modifications include:

Increases: Increases may raise your payments.
Decreases: Decreases may reduce your payments depending on the nature of the decrease.
Job loss: If a parent loses a job, the court may temporarily reduce payments until they secure new employment, then make a more permanent determination.
Self-employment: This type of employment can fluctuate, requiring adjustment or modification.
Retirement: This often makes significant changes in income, usually decreases, and will require an adjustment.

Any changes to child support payments must be agreed upon by both parents and approved by the court. Remember, regardless of any increases or decreases in your obligations, child support is not deductible on California or federal taxes for either the payor or the recipient. It’s advisable to seek the assistance of family law attorney Judy Burger to navigate this process and ensure that your child’s best interests are met.

California Child Support Attorney

When you need help from a California Child Support Attorney, choose Judy L. Burger. As a Certified Family Law Specialist, she has the knowledge, tools, and experience to help you with complex support, custody, and maintenance issues that impact your family’s well-being. We have eight offices throughout The Golden State for your convenience. Contact the one nearest you to schedule a consultation today.

Child Custody, Child Support, Termination of Parental Rights

Establishing Paternity in California

October 15, 2024 TRIWriter

Establishing paternity, or legal fatherhood, is an important step with significant legal and personal implications. In California, when a child is born to unmarried parents, it’s crucial to establish paternity to secure the child’s rights and access to essential benefits.

Attorney Judy L. Burger is a Certified Family Law Specialist in California who can explain more about paternity and father’s rights and help you be treated fairly in child custody negotiations. Here are some important details about establishing paternity in California.

How Can Fathers Establish Paternity in CA?

There are three ways to establish paternity in California:

Voluntary Declaration of Paternity (VDP): Unmarried parents can sign a VDP form at the hospital when the child is born or at a local child support agency, ensuring both parents’ names are included on the birth certificate. This simple voluntary process establishes the legal relationship between the father and the child.
Genetic Testing: If paternity is disputed, genetic testing can be requested to determine the biological father. This typically involves a simple and painless procedure, such as a cheek swab, and is highly accurate in identifying paternal relationships. However, the judge will look at a number of things, not just genetics, to decide if someone is a legal parent. A judge can determine (decide) someone is a child’s legal parent even if they are not genetically related.
Court Order: If disagreements or disputes arise regarding paternity, a court can intervene to establish paternity. This often involves genetic testing and legal proceedings to determine the child’s legal father.

When a birth mother and a potential father dispute paternity, the birth mother or the father may file a Petition to Establish a Parental Relationship and formally open a parentage case before the court. A CA family law judge will review the evidence presented in court and establish or deny paternity.

If you received a Petition to Determine a Parental Relationship and a Summons, someone is asking a judge to determine if they or you are the legal parent of a child. Contact The Law Offices of Judy L. Burger for counsel and assistance.

Why is Establishing Paternity Important?

Establishing paternity offers numerous benefits for the child, mother, and father:

Child Support and Financial Benefits: Once paternity is established, the child gains access to financial support, including child support, health insurance, and potential inheritance rights.
Legal Rights: The child gains legal rights to inheritance, Social Security benefits, and possibly veterans’ benefits, as well as the ability to access the father’s medical history for healthcare purposes.
Emotional and Psychological Benefits: Knowing both parents can positively impact the child’s emotional and psychological well-being, contributing to a sense of identity and stability.
Medical History: Access to the father’s medical history can be crucial for the child’s healthcare needs, allowing for a complete understanding of potential genetic conditions or health risks.

It’s important to note that once paternity is established, it can have far-reaching legal implications, including custody and visitation rights. Hence, it’s essential to approach the process thoughtfully and seek the best available legal advice.

Contact a Certified Family Law Specialist

Establishing paternity in California is a critical step that benefits the child, parents, and family as a whole. By establishing legal fatherhood, children can access essential benefits and resources while building a meaningful connection with both parents. If you’re navigating the process of establishing paternity, Judy Burger is a highly qualified family law attorney who can work hard to ensure the best possible outcome for all involved parties.

We have eight offices across California, including in San Francisco, Ventura, Silicon Valley, Oxnard, and Santa Barbara. Contact us today to schedule a free initial consultation to learn more.

California Divorce, Child Custody, Child Support, Domestic Violence, Legal Separation, Property Division, Restraining Order, Spousal Support, Termination of Parental Rights, Termination of Parental Rights, Visitation

Family Lawyer or Certified Family Law Specialist?

October 3, 2024 TRIWriter

When family law matters occur, you need a family lawyer, right? But what about complex situations? A Certified Family Law Specialist is just that – a certified specialist who handles complicated and difficult family law cases. When you have a heart problem, you don’t want a general practitioner; you want a heart specialist. Similarly, when your family has serious problems, turn to a CA Certified Family Law Specialist like Judy L. Burger.

What Is a Certified Family Law Specialist?

A Certified Family Law Specialist is an attorney who has been certified by the State Bar of California Board of Legal Specialization as having expertise in the area of family law. This certification is only awarded to attorneys who have demonstrated a high level of experience, proficiency, and commitment to family law through a rigorous process that includes examination and peer review. Certified Family Law Specialists are recognized for their specialized knowledge and proficiency in handling complex family law matters, including divorce, child custody, spousal support, complex property divisions, and other related issues.

A Certified Specialist Has Extensive Experience in Complex Cases

Certified Family Law Specialists are required to maintain their expertise by handling complex family law cases in order to expand their knowledge and experience. To maintain their certification, they must undergo recertification every five years, which involves completing additional continuing education and applying their extensive knowledge to assist California families.

A CFLS will have considerable experience with:

Divisive legal separations after a long marriage
Difficult divorces where the parties cannot agree on anything
Military divorces where both parties are actively serving
Complex business valuations where both spouses are owners
Sophisticated property divisions involving retirement and other investments
Heated mediations over support agreements
Emotionally charged situations involving different family backgrounds
Intense negotiations involving children and custody
Heart-wrenching discussions over grandparents’ rights
Litigating difficult child custody and support cases
Ex parte “emergency” hearings to stop or prevent abuse
Domestic violence assistance for spouses and children
Complex paternity issues for fathers
Completing and filing voluminous paperwork
More…

Experienced and highly knowledgeable in family law, Judy Burger, a Certified Family Law Specialist, brings a wealth of expertise and legal acumen to the table. Her extensive education, years of practical experience, and specialized certification make her an ideal choice for obtaining the results you seek in your family law matters.

A Family Law Generalist May Not Be Enough

Difficult family law matters are often mentally and emotionally challenging. The possible complexities and problems are legion and no two cases are alike. A general family law attorney may know the law, but highly charged issues with layers of complexity can be beyond their level of expertise. Realizing your lawyer is out of his or her depth in the middle of your divorce, child custody battle, or other personal matter is far too late. You could risk:

Losing custody
Limited visitation rights
Surrendering valuable assets
Burdensome support agreements
Your personal safety
Your family’s welfare
Your reputation
Your future

An experienced CFLS like Judy Burger encounters tough cases on a regular basis, so she has experience and resources a general family law attorney simply doesn’t have. If you anticipate a volatile situation in the making, now is the time to see a specialist for seasoned guidance, advice, and representation.

Don’t risk your safety, your family, or your future. Contact The Law Offices of Judy L. Burger, Certified CA Family Law Specialist, to schedule a consultation today. Our team is prepared to go above and beyond what a mere family lawyer can do for you!

California Divorce, Child Custody, Child Support, Property Division, Visitation

Top 10 FAQs About California Military Divorce

August 15, 2024 TRIWriter

Serving in the armed forces can place an incredible strain on a marriage. In fact, the current divorce rate among military couples is around 4.8%, compared to about 2.5% in the general population. Military divorce is essentially the same as a civilian divorce, except some federal laws will apply. Certified Family Law Specialist Judy L. Burger shares the top ten frequently asked questions she often fields about California military divorce.

#1. Do I Need a Military Lawyer (JAG) for a Military Divorce?

While most military posts have legal assistance attorneys from the Judge Advocate General’s Corps available for advice, they do not handle divorces. You need a family law/divorce attorney in your state to handle your military divorce. To file for divorce in California, one of the spouses must be a California resident for at least six months and have lived in the filing county for at least three months.

#2. Will the Military Serve Divorce Papers to My Spouse?

The military services may help you locate your spouse, especially if they are on an overseas deployment, but they are not required to serve divorce papers for you. A California divorce lawyer can help you serve divorce papers.

#3. Can I Get a Default Judgement for a Military Divorce in California?

While default judgments in many civil law cases are permissible, the Servicemembers Civil Relief Act (SCRA) prevents this in military divorces. The court may permit up to a 90-day delay to allow active-duty service members to respond to a divorce petition.

#4. Does Child Custody Automatically Go to the Non-Military Spouse in a Military Divorce?

This is a popular misconception that is false. California courts do not discriminate against active-duty military parents when deciding child custody issues. The court will consider all relevant factors and decide according to the child’s best interests.

#5. Are Military Service Members Required to Pay Child Support?

A California family law court may order child support from either spouse, regardless of if they are military or not. However, a service member’s child support obligation cannot exceed 60% of their disposable income. Spousal and child support is taken seriously in the military, as is paying any debt. Service members who fail to meet their financial obligations may be subject to court martial or other disciplinary actions.

#6. How Is Property Divided in a Military Divorce?

California’s “community property” laws apply when dividing property in a military divorce. However, some federal provisions apply to benefits like military pensions. CA Family Law Attorney Judy Burger can explain more about military divorce property divisions in a confidential consultation.

#7. Can I Still Get Military Benefits After a Divorce?

Asset divisions in a military divorce are often governed by the “20/20/20 Rule.” In order to receive military benefits after divorcing a service member:

You must have been married for at least 20 years.
Your ex-spouse must have served in the military for at least 20 years.
Your 20 years of marriage must overlap with 20 years of your ex-spouse’s military service.

This only applies as long as you do not remarry. There are variations to this rule, so consult with a Military Divorce Lawyer like Judy Burger for the most up-to-date information.

#8. Will the Military Pay to Move a Spouse Back to the United States After a Divorce?

In the event of a divorce occurring overseas, the military may cover the moving expenses of the nonmilitary spouse. Typically, other moving expenses are subject to negotiation and are determined as part of the final divorce agreement.

#9: I’m Originally from Another State. Can I Get a Military Divorce in CA?

Yes. If you and your military spouse are stationed in California and you have established residency here for at least six months, you can file for a divorce in California.

#10. Where Do I Start a Military Divorce in California?

Contact The Law Offices of Judy L. Burger for more information about Military Divorce in California. We have eight offices throughout the state, and several are convenient to major military bases. Get the experienced help and guidance you need in a military divorce. Contact us today to schedule a confidential consultation near you.

California Divorce, Child Custody, Child Support, Termination of Parental Rights

Father’s Rights in California

August 1, 2024 TRIWriter

Popular myth perpetuates the misnomer that mothers have more rights than fathers in divorce and child custody. This is simply not true. California law seeks to treat mothers and fathers equally unless a parent surrenders their rights or mitigating circumstances warrant different arrangements. Knowing a father’s rights in California is critical to avoiding serious mistakes during custody and other arrangements.

Attorney Judy L. Burger is a Certified Family Law Specialist in California who can explain more about a father’s rights and help you be treated fairly in child custody negotiations. Here are some important elements of a father’s rights in California.

Child Custody, Support, and Visitation and California Law

According to California Law Family Code Section 3020(b), children are to have “… frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child-rearing in order to effect this policy, except when the contact would not be in the best interests of the child…”

Section (c) states, “… a court’s order regarding physical or legal custody or visitation shall be made in a manner that ensures the health, safety, and welfare of the child and the safety of all family members…”

Custody

Fathers should never assume that mothers automatically receive primary custody of a child. California law upholds equal rights for a legally established father to have primary custody of his child. He may also be eligible to receive child support from the mother.

Support

Non-custodial parents typically must pay child support according to state guidelines and the family’s court’s orders. This support agreement is calculated by reviewing both parents’ income, age, and other relevant factors. As stated earlier, fathers can be custodial parents and receive child support from a child’s mother.

Visitation

Fathers enjoy equal visitation rights to their children in California when there are no mitigating factors. Visitation agreements may include modified schedules for summer or holidays that even provide non-custodial parents with more time. In most cases, it is illegal for a custodial parent to prevent the non-custodial parent from visiting with their child.

Establishing Paternity in CA

Establishing your paternity is vital to enjoying your rights as a father. No custody, support, or visitation agreements including you may be established without this legal declaration. Married parents can establish this without legal action. Unmarried fathers may require a court action establishing their paternity. Family Law Attorney Judy Burger can help you legally establish paternity in California.

Declaration of Paternity

Unmarried parents may both complete and sign a Declaration of Paternity. This has the same status as a court order to establish paternity and doesn’t require going to court.

Petition to Establish a Parental Relationship

When there is a dispute between the birth mother and a potential father about paternity, the father may file a Petition to Establish a Parental Relationship and formally open a parentage case before the court. A family law judge will review evidence presented in court and establish or deny paternity. A birth mother may also file this petition to establish the parentage of her child’s father in order to secure child support.

Exercise Your Father’s Rights in CA

Fathers have the right to be part of their children’s lives in California. Don’t surrender your rights or otherwise accept a poor custody and visitation agreement as a father. The law guarantees you equal treatment to enjoy parenthood even after a separation or divorce. California Certified Family Law Specialist Judy Burger can explain more about fathers’ rights and negotiating equitable custody, support, and visitation agreements in a confidential consultation.

We have eight offices across California, including in San Francisco, Ventura, Silicon Valley, Oxnard, and Santa Barbara. Contact us today to schedule a free initial consultation to learn more.

California Divorce, Child Support, Debt, Disability

Top Reasons to Seek CA Child Support Modifications

July 11, 2024 TRIWriter

Child and spousal support are critical responsibilities after a divorce. As life changes occur, you may need to make formal child support modifications to your original agreement. The Family Court must approve any changes, but it is always best for both parents to present a workable plan to the court. Certified Family Law Specialist Judy L. Burger examines why you may need to seek child support modifications in California.

Income Changes

Any changes in your income of 20% or more warrant examination for a possible change in your child support amount. This includes:

Increases: Increases may raise your payments.
Decreases: Decreases may reduce your payments depending on the nature of the decrease.
Job loss: If a parent loses a job, the court may temporarily reduce payments until they secure new employment, then make a more permanent determination.
Self-employment: This type of employment can fluctuate, requiring adjustment or some other modification.
Retirement: This often makes significant changes in income, usually decreases, and will require an adjustment.

Never assume that changes to your child support payments can be made on your own when things change. All changes must be agreed upon by both parents and approved by the court. CA Family Law Attorney Judy Burger can help you navigate this process to ensure your child’s best interests are met.

Custody Changes

Custody agreements can change and reflect a need to modify child support arrangements. The time a child spends with each parent is a primary consideration. Common reasons for a change in custody include:

Remarriage
Disability
Military Deployment

In most cases, the non-custodial parent pays child support to the custodial parent. If the custodial parent changes, this likely means a change in the amount of child support. The child’s needs and the new custody arrangements must be reviewed to create a workable agreement. Typically, the custodial parent spends more time with the child and contributes more to their care.

Changes in the Child’s Needs

Children grow and change, and this creates new and different needs. The most common changes in the child’s needs that demand support modifications include:

Education: As children age, they can require more resources for their education, such as school supplies, activity fees, or college tuition.
Living expenses: As children age, their tastes and needs change, including clothing, food, daily essentials, and incidentals.
Medical expenses: Developing medical conditions or treatments not covered by insurance, like wisdom teeth removal and orthodontics, can require extra resources.
Extracurricular activities: Children can pursue all forms of sports, music lessons, hobbies, and school clubs that may require additional financial resources.
Unpaid child support: If one parent falls behind on child support payments, the court may order a modification to ensure the child is receiving proper care and support.

Parents can agree on how they’ll handle the new payments. However, they still need a judge to sign off on the agreement and ensure it meets the requirements for a child support modification. So, any verbal agreement should be put on paper and certified by a family law judge.

Get Help with CA Child Support Modifications

Every family is unique and has different child support needs. No two support agreements are alike. Working with a seasoned family law attorney is the best way to find solutions to complex support issues that meet your family’s needs while satisfying the family court’s requirements. A lawyer should review any change in your situation to see if it warrants changes.

Certified Family Law Specialist Judy Burger has extensive experience helping families create workable child support agreements and modifications as life changes. She is an effective negotiator and problem-solver who can help you find solutions that fit your family’s needs. Contact one of her offices across California to schedule a consultation today.

Child Custody, Child Support, Visitation

Is It Time for a New Parenting Plan?

July 4, 2024 TRIWriter

Divorce is often painful and difficult, but parents don’t want to transmit this anguish to their children. Child custody and visitation agreements hammered out in your parenting plan and approved by the court are designed to protect your children and provide what is best for them. However, circumstances can change and require modifications. Is it time for a new parenting plan? Certified Family Law Specialist Judy L. Burger examines when you should consider making some changes.

What Is a Parenting Plan?

A parenting plan outlines how parents will share the responsibilities of raising their children after a divorce or separation. It typically includes details on how much time the children will spend with each parent, how major decisions about the children’s upbringing will be made, and how conflicts or disagreements between the parents will be resolved. The parenting plan is filed with the court and becomes a legally binding agreement.

Reasons to Change Child Custody and Visitation in Your Parenting Plan

Life happens to everyone and adjustments are part of it. Sometimes this means a new patenting plan must be figured out to address new needs, changes, or demands. Here are five signs that it’s time to change your joint parenting plan.

Changes in Your Child’s Needs

Children’s needs change as they age. This could be going to a new school, taking on new extracurricular activities or hobbies, medical needs or health changes, and more. The possibilities are endless and every parent knows that you have to adjust to these new realities. Your parenting plan may need revisions to reflect these new changes and how each parent will accommodate them.

Changes in Your Work or Living Situation

Adults face changes throughout life, too. You or your ex-spouse could move, start a new job, go to college, or start new activities that require adjustments in child custody, support, or visitation arrangements. A CA Family Law Attorney like Judy Burger can help you negotiate the new changes and get them approved by the court.

Changes in a Parent’s Situation

Changes in the other parent’s living situation will also require you to make adjustments. For example, if your ex-spouse remarries, has additional children, moves, or starts a new job in another city, this will impact how you care for your child and meet their needs. These changes can be difficult at times, but a family law specialist knows how to help you make satisfactory changes and keep your own life on track.

Conflict or Tension Between Parents

Co-parents who now lead different lives but share a child and parenting responsibilities can experience conflict or tension. Sometimes your parenting plan must change to improve communication or reduce the stresses on your children. For example, trusted third parties may need to pick up and drop off children to prevent parental conflicts.

Concerns About Your Child’s Safety

Your child’s safety and well-being are your primary concerns. Any threats or concerns about their physical, mental, or emotional stability demand immediate changes to your parenting plan. California Family Lawyer Judy Burger can work with you to modify custody arrangements and visitation plans to address specific concerns. She can also help you obtain ex-parte “emergency” hearings and domestic violence restraining orders if necessary.

Get Help with Child Custody and Visitation Arrangements in Your CA Parenting Plan

Attorney Judy L. Burger is a Certified Family Law Specialist in California with extensive experience in child custody, visitation, support, and related issues. She can help you work out details of a new parenting plan that reflects recent changes in your parenting situation and file it with the court. Contact one of her eight offices across California to schedule a consultation.

California Divorce, Child Custody, Child Support, Domestic Violence, Mediation, Property Division, Property Division, Restraining Order, Spousal Support

What Makes a CA Certified Family Law Specialist Different?

June 6, 2024 TRIWriter

Family law matters are often intensely personal and highly emotional. Dealing with families and relationships is always complex and much is at stake for everyone involved. You want more than an attorney when family law issues arise – you want a specialist. California Family Law Attorney Judy L. Burger is a Certified Family Law Specialist who is able to handle complex personal cases through court petitions, negotiation, and litigation.

What makes a CA Certified Family Law Specialist different from run-of-the-mill family law and divorce lawyers?

A High Level of Specialization

Obtaining a law degree and passing the California State Bar exam to practice law is only the beginning. Certified specialists in any area of law must pass a rigorous set or requirements to demonstrate their exceptional knowledge, experience, and proficiency. Only after completing this extensive process does the state bar award the attorney a specialist certificate.

To become a Certified Family Law Specialist in CA, attorneys must satisfy the following prerequisites:

Pass a written examination
Continuously practice law in their specialty area for at least five years
Complete continuing education in their specialty area
Receive favorable evaluations by other attorneys and judges
Demonstrate experience in a variety of family law matters, including divorce, child custody, child and spousal support, domestic violence restraining orders, property division, and more.

Becoming a certified family law specialist takes time, experience, and extensive knowledge.

Superior Experience in Family Law Cases

Certified Family Law Specialists must continue to demonstrate their expertise by handling complex family law cases to further broaden their knowledge and experience. Recertification every five years requires more continuing education while putting this extensive knowledge into action helping California families.

A CFLS will have considerable experience with:

Messy divorces
Complex business valuations
Sophisticated property divisions
Tense negotiations
Filing petitions with the court
Advising clients
Litigating difficult child custody and support cases
Ex parte hearings
Domestic violence
More…

Seasoned representation by a Certified Family Law Specialist like Judy Burger means the putting encyclopedic knowledge, extensive education, years of real-world experience, and measured expertise in your corner. She is vastly more qualified to help you get the results you need and want than other non-certified family law attorneys.

Why Should I Choose a Certified Family Law Specialist Instead of a Family Law Attorney?

Family law matters can be rough on you mentally and emotionally. The possible complexities and problems are legion and specific to every case. However, a CFLS has likely encountered similar cases before and has experience helping families find solutions. If you anticipate a difficult road ahead in your divorce, child custody, support, or related matters, choose a CFLS like Judy L. Burger.

Here are some examples of cases where we recommend a Certified Family Law Specialist:

Both parties have agreed to a divorce, but that’s all you agree on.
You have differences of opinion about matters like college debt, large real estate holdings, retirement funds, and other asset divisions.
You have small children still at home and cannot agree on a custody and support arrangement.
Both parties grew up in different cultures, so family rights and extended family concerns are involved.
Both parties jointly own a business.
One or both divorcing parties are active duty military.
You or your child’s safety is threatened.
You or your child are victims of abuse.

CFLS Judy Burger has trained for just these and many other situations so she knows how to help you. In fact, she’s been there with other families before. She can guide you through negotiations, difficult conversations, far-reaching decisions, and even embattled litigation with compassion and fortitude.

When you need stable counsel and steady legal representation through one of the most difficult times of your life, you need the services of a Certified Family Law Specialist. Contact The Law Offices of Judy L. Burger as soon as possible to discuss your case and next steps. We have offices throughout California for your convenience.

California Divorce, Child Custody, Child Support, Domestic Violence, Property Division

Your Top 10 FAQs Answered About Family Law in California

May 16, 2024 TRIWriter

Family law deals with issues like divorce, child custody, child support, alimony, and property division. If you are going through a family law issue in California, you likely have many questions about the process and your rights. Certified Family Law Specialist Judy L. Burger answers the top ten questions we’re asked at our California practice about Family Law matters.

Of course, we can only provide the barest facts in an article. More complete explanations and answers to other questions are available in a complimentary consultation. Contact The Law Offices of Judy L. Burger to schedule your consultation.

Top 10 Family Law FAQs

Review these common questions clients routinely ask Attorney Judy Burger during initial consultations at her offices.

1. What is the process for getting a divorce in California?

To get a divorce in California, you must file a petition for dissolution of marriage with the court. You will need to serve your spouse with the petition and wait for their response. If you and your spouse cannot reach an agreement on all issues, such as child custody and property division, the court will schedule a trial to decide these issues for you.

2. How is child custody determined in California?

California courts determine child custody based on the best interests of the child. The court will consider factors such as the child’s age, health, and relationship with each parent. Generally, the court prefers frequent and continuous contact with both parents as long as it is in the child’s best interests.

3. How is child support determined in California?

California law provides guidelines for determining child support. The guidelines take into account the net disposable income of each parent and the amount of time each parent spends with the child. Other factors, such as the child’s needs and the standard of living before the divorce, may also be considered.

4. What is spousal support in California?

Spousal support, also known as alimony, is financial support paid from one spouse to the other after a divorce. Spousal support can be temporary or permanent, depending on the circumstances of the case.

5. How is spousal support determined in California?

California law requires the court to consider various factors when determining spousal support, including the length of the marriage, the standard of living before the divorce, and the age and health of each spouse. The court has discretion in determining the amount and duration of spousal support.

6. How is property divided in a California divorce?

California is a community property state, which means that property acquired during the marriage is generally divided equally between the spouses. However, there are exceptions to this rule, and the court may consider factors such as the length of the marriage and the economic circumstances of each spouse.

7. Can I get a restraining order in a family law case?

Yes, if you are a victim of domestic violence or harassment, you can obtain a restraining order to protect yourself and your children. The court may issue a temporary restraining order, followed by a hearing to determine whether a permanent restraining order is necessary.

8. Can I modify a child custody or support order?

Yes, if there has been a significant change in circumstances, such as a job loss or relocation, you can petition the court to modify a child custody or support order. The court will consider the child’s best interests when deciding.

9. What is mediation in a family law case?

Mediation is a process in which a neutral third party helps the parties in a family law case reach a mutually acceptable agreement. It can be voluntary or court-ordered and can be a cost-effective alternative to litigation.

10. Do I need a lawyer for a family law case in California?

While you are not required to have a lawyer for a family law case in California, it is highly recommended. Family law cases can be complex and emotional, and having a knowledgeable and experienced lawyer can help protect your rights and interests.

Seasoned Family Law Representation in California

Family law issues in California can be challenging and emotional, but understanding your rights and the legal process can help alleviate some of the stress. If you have questions about a family law issue in California, contact The Law Offices of Judy L. Burger, with eight offices across the state to serve you.

Top Questions Concerning Child Support and Military Personnel

California Divorce, Child Custody, Child Support