Category Archives: Child Support

Why Is a Divorce with Children Usually More Expensive

Why Is a Divorce with Children Usually More Expensive?

Divorce can be an expensive but necessary process. But the average divorce with children invariably costs more than the average divorce of a childless couple. In this article, we will take a closer look at why the costs increase when kids are involved.

Some Issues in a Divorce with Children Can Be Challenging to Resolve

Decisions surrounding child custody and child support are often hotly contested. Demands might be made based on emotions and not reality, as parents use children as pawns against each other. Unfortunately, fighting over children is not likely to end well for anyone.

Divorce typically involves negotiation. A divorce with children usually requires more negotiation than one without. Compromising might be necessary, as long as the compromise is safe for the kids. Refusing to yield even a little prevents the parties from finalizing their divorce. It also usually increases legal fees.

In some cases, the parties will use a family law mediator to help negotiate resolutions. This step also increases the cost of a divorce with children but could remove roadblocks that prevent the parents from moving on.

When Couples Can’t Agree, Trials Often Follow

And trials are expensive. Both parties will incur additional legal fees because their case now could include additional discovery, hearings, and depositions. They might need to hire expert witnesses to provide testimony at trials. Inevitably, legal fees generally increase as attorneys spend days and weeks preparing for trial.

To avoid trial, couples can work closely with their attorneys to prepare a parenting plan. In fact, family court judges will not finalize a divorce with children without one. The parenting plan is also called a custody and visitation agreement or “time-share plan.” In a divorce with children, it’s critical for parents to work out this agreement as amicably as possible to avoid collateral damage to themselves and their children.

You Need Good Legal Representation

As mentioned above, a contested divorce with children requires a great deal more work from your attorney. This is especially true if your case proceeds to trial. Adding an experienced California divorce attorney to your team might be expensive. However, it’s crucial to work with an attorney who can protect your rights and your children’s.

Trust Us to Handle Your Divorce with Children

Contested divorces will always be more expensive to resolve than uncontested ones. Talk to an experienced California divorce attorney today about your divorce with children. Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys.

The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce, legal separation, and annulment. 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.
What Are Ex Parte Hearings and How Do They Work

What Are Ex Parte Hearings and How Do They Work?

From the time a California divorce is filed until it is settled can take time.  But the parties sometimes require action from the court that just can’t wait. For example, ex parte hearings address emergency matters that need to be heard as soon as possible.

Ex Parte Hearings in a California Divorce

One or more parties may apply for emergency orders in family law cases.  

Courts might hold ex parte hearings for the following reasons:

  • Preventing danger or harm to another party or any children involved in the divorce.
  • Preventing immediate loss or damage to property.
  • Setting a hearing for a time that’s shorter than normal.
  • Shortening or extending the service time for notices of hearing and other court papers.
  • Rescheduling a hearing or trial.

Your attorney will know when ex parte hearings are needed and how to get them.

Applying for Ex Parte Decisions

Not every situation requires an expedited or emergency hearing. However, your attorney can ask for an ex parte hearing for the following basic reasons:

  • Request for an emergency order.
  • Ask to reschedule a hearing or trial.

Generally, applications must contain the following information:

  • Contact information for any attorneys involved in the case or the contact information for any party that does not have an attorney if known.
  • Declarations about facts supporting the request.
  • Lists of previous orders or applications made about the same issue.
  • A disclosure of any changes to the party’s status quo resulting from the order.
  • Specific information about child custody or visitation issues.

The law requires that most parties who request ex parte hearings usually must notify the other parties involved.

The declaration also contains details about how the filing party served the other party. If it was impossible to serve the notice, provide information about all attempts to serve. And finally, the person applying for an ex parte hearing can state any reasons that the notice of hearing should not be served.

We Can Discuss Ex Parte Hearings with You.

As our attorneys work on your case, they will identify any areas that might need emergency orders.

The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce, legal separation, and annulment. 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.

 

Understanding California Paternity Laws

Understanding California Paternity Laws

Divorce is fraught with sensitive issues. One of the most delicate involves the parenthood of children whose parents are divorcing. If you are thinking of ending your marriage – and you have kids — understanding California’s paternity laws is a must.

Why Paternity Matters

A child’s parentage affects child support, custody, and visitation. In some cases, courts will not sign orders related to a child when paternity is in question. Unless a person is legally established as the father or mother, that person has no rights or responsibilities regarding the child.

Confirming parentage is also important because children have the right to:

  • Financial support from mom and dad,
  • Legal documents that identify both parents,
  • An accurate birth certificate listing both mom and dad,
  • Insurance coverage,
  • Inherit from their parents, and
  • Receive social security, veteran’s benefits, and other government benefits based on their parents.

From an emotional standpoint, most people want to know who their father and mother are. Legally speaking, parentage makes a difference also.

When Courts Get Involved

Generally, children born during a marriage are assumed to be the husband and wife’s biological children. Family court judges usually establish parentage automatically.

However, fathers of children who are not married to the mother when the child was born must legally establish their paternity. Other situations where a man might establish parentage include:

  • The child was conceived while the father was trying to marry the mother or thought he was married to her.
  • The man agreed to serve as the father on the birth certificate or agreed to provide financial support to the child.
  • The man acted as if the child were his own, even though the child is not biologically his.

Family courts may be involved in any case where questions about a child’s paternity exist. For example, a married man who doesn’t believe he is the father of his wife’s child might ask for a determination in order to avoid responsibilities for someone else’s child.

What the Law Says

Some sections of the California Family Code specifically address the parent-child relationship. Frankly, most if not all of the laws related to parents apply to our topic. Before laws related to the rights and responsibilities of a parent take effect, parentage must be established.

We Can Help Decipher California Paternity Laws for You

The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce, legal separation, and annulment. Call us at 415-293-8314 to schedule a private appointment or visit our website. We assist clients in California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.

Issues that Complicate Divorce

Issues that Complicate Divorce

Many people consider divorce one of the most stressful life events. But not all divorces carry the same levels of stress. Some couples agree on any significant issues, which makes the resolution of their case fairly simple. Other soon-to-be-ex-spouses have a more difficult path because of one or more of the following issues that complicate divorce.

Spouse-Related Concerns Can Be Problematic

The issues you had with your husband or wife don’t stop when you file for divorce. Some may directly impact how your divorce proceeds.

  • Adultery. You do not need grounds for divorce in California. So, your final order or settlement might not be affected except for one thing: misuse of community funds. When one spouse uses marital property on a new love interest, courts might reimburse the innocent spouse in the form of a larger portion of the remaining marital funds.
  • Revenge. Some people complicate divorce by trying to take revenge because their spouse deeply hurt them. Vengeful feelings can delay settlement negotiations.
  • Pregnancy. This issue can complicate divorce because of questions about paternity. If the husband doubts the child is his, he might ask for paternity tests so the court can determine whether child support is appropriate.
  • Spousal Support. It is not easy to work out how much spousal support is due and how long it will be paid.

Married couples without children avoid some of the concerns that parents face.

Children Typically Complicate Divorce

It’s great when both parents love their children and want to care for them. But all that love can get lost in the shuffle of divorce papers.

  • Custody and Visitation. Before a judge can issue the final order, parents have to come up with a parenting plan. Custody can be contentious as couples navigate the four types of custody: sole physical, sole legal, joint physical, joint legal. They might use standard visitation schedules or personalize them to fit their child’s needs. However, working out children’s arrangements adds an extra layer of stress.
  • Child Support. Parents who do not have physical custody often pay monthly child support to the parent who does. Calculating the amount of support definitely can complicate divorce proceedings.

Fortunately, family court judges always try to make decisions that are in the best interests of the children.

Finances Are Often a Contested Issue

Money matters to most people. Whether a divorce is amicable or contentious, spouses generally want to get what they deserve from the marital estate. Unfortunately, some issues complicate divorce to the point that settlement might be several years down the road.

  • Muddled Property Classification. Couples might have separate property, which they retain, or community property (which is split between the parties). However, it is not always easy to decide whether property is separate or community. For example, disagreements arise when one party brings substantial assets into the marriage but fails to keep them separate. Sometimes property is partially separate and partially community. It might take experts to untangle complications like these.
  • High-Net-Worth. Having more property means there’s more property to classify and divide. Again, the parties might need a financial expert’s careful analysis.
  • Business Assets. Some property is easier to appraise than others. Determining the value of a business is typically difficult and can quickly complicate divorce.

Divorce can be difficult, but you don’t have to go it alone.

When Issues Complicate Divorce, You Need Experienced Legal Counsel

Talk to a qualified California divorce attorney today. Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys.

Please call us at 415-293-8314 to discuss your case. The attorneys at the Law Offices of Judy L. Burger assist clients with divorce matters in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Diego, San Jose, Gold River (Sacramento), and surrounding communities.

Do Children Testify at Divorce Hearings

Do Children Testify at Divorce Hearings?

Children rarely, if ever, ask their parents to split up. Instead, they sometimes just become part of the collateral damage of divorce. Dealing with the court system during a divorce is stressful for everyone, including children. Even parents who try to do what’s best for their kids may wonder if courts will increase the tension by making children testify at divorce hearings. Let’s look at how this problem is handled in California.

Children, Divorce, and California Law

Each divorce is a little different. Sometimes court hearings are needed to address children’s needs related to custody and visitation.

Fortunately, California law does not require children to testify at divorce hearings. Likewise, California law does not expressly prohibit children from speaking in court. Generally, courts consider a child’s participation on a case-by-case basis. Age plays a part in the court’s decision, as set out in California Family Code Section 3042:

  • Children under 14 years of age might address the court if the court determines that it is appropriate and in the child’s best interests.
  • Children over 14 years of age will be allowed to testify unless the court decides testifying is not in the child’s best interests.

If the court decides the child cannot testify in open court, alternative methods include:

  • Allowing the child to participate in a child custody mediation,
  • Appointing a child custody evaluator,
  • Allowing people to present evidence on behalf of the child,
  • Admitting information provided by a child interview center or counselor.

The judge may also allow testimony in a closed courtroom or in the judge’s chambers.

But what happens when the court decides to allow kids to participate in hearings?

Requesting That Children Testify at Divorce Hearings

Sometimes, people close to a child may learn that he or she wants to testify. According to the 2020 California Rules of Court, the following people must let the court know if this happens:

  • The minor child’s counsel
  • Evaluators
  • Investigators
  • Child custody recommending counselors.

Any party to the divorce or any party’s attorney may also let the court know that a child wants to testify. Also, judicial officers may ask whether children want to testify.

How the Courts Handle Children’s Testimony

Just because a court decides to let children testify at divorce hearings does not mean they stop protecting those children. Judges might appoint an attorney to represent the child during the testimony. Courts decide where the testimony will happen – in open court or in the judge’s chambers – and who will be present. In some cases, it is not in the child’s best interests to allow parents to attend. Finally, judges will protect children who testify at divorce hearings from harassment and inappropriate questioning.

You Need Experienced Advice When Children Testify at Divorce Hearings

The attorneys at The Law Offices of Judy L. Burger are well-versed in divorce and the dissolution of registered domestic partnerships. Judy Burger is a California Certified Family Law Specialist and founder of the Law Offices of Judy L. Burger. Please call our offices at 415-293-8314 to set up an appointment with one of our attorneys. We assist clients along the Northern to Southern California Coast.

Helping Kids Cope with divorce and COVID-19

Helping Kids Cope with Divorce and COVID-19

Modern life can be hectic, even without complications like divorce and COVID-19. Adult stress levels are at all-time highs right now. But what about our children? How are they handling major lifestyle changes? As a divorced or soon-to-be-divorced parent, helping kids cope with both divorce and COVID-19 may be a high priority. In this article, we offer some tips that may help you and your children. Continue reading

Where california stands on the national parents organization annual report card

Where California Stands on the National Parents Organization Annual Report Card

Most parents want the best for their children. However, when you are in the middle of a divorce, the ‘best’ thing for your children can be challenging to determine. For this reason, California Family Courts and lawyers use existing California laws to address child-related issues in a divorce proceeding. Groups like the National Parents Organization are dedicated to reforming child support and custody nationwide. In fact, they issue an annual report card that gives each state a grade based on how they handle parenting issues in divorce. Read on to learn more about how California fared in the most recent annual report – and why it matters. Continue reading

Will I Have to Pay Child Support

Will I Have to Pay Child Support?

Many questions raced through Liam’s mind as he and Sophia discussed getting a divorce. Where would he live? Would their children be okay? One of the most nagging questions involved paying for all the things kids need. Would he have to pay child support, or would Sophia be held financially responsible for their kids? Several factors determine whether one divorcing spouse will pay child support to the other.
Continue reading

How and When to Get an Ex Parte Order

How and When to Get an Ex Parte Order

After you file your divorce petition, it may take months to iron out all the details. In some cases, though, the person filing for divorce faces serious issues that cannot wait that long. For example, Sandy’s husband had a violent temper that caused him to lash out at their home and at her. Ben knew he was safe from his wife, Lori, but feared for their children. Finally, Maria’s husband hid their car from her, although she needed it to get to work. Fortunately, courts may provide emergency assistance for situations like these through ex parte orders.

How to Get an Ex Parte Order

The simple answer is that you file a motion with the court asking for the relief that you need as soon as possible. However, each county in California may have its own rules and procedures for obtaining an ex parte order. Failing to follow the rules may cause your motion to be denied. You may file a Temporary Emergency Orders (Ex Parte) (Form FL-305) to request certain temporary emergency court orders. While this form may be used throughout the state, you will need to check the rules for the county in which you file for additional information. Hearings often are heard within 24 hours of filing the request for an ex parte order, at which time a judge will hand down a ruling on your request for Temporary Emergency Orders.

When an Ex Parte Order Is Appropriate

Sometimes the filing spouse may need to get an issue before a judge as quickly as possible because an emergency exists. In fact, the filing party may request an ex parte action for one or more of the following reasons:
  • The spouse who filed the divorce case may be in danger.
  • A child involved in the divorce case may be in danger.
  • The filing party needs temporary use of a marital asset.
  • The filing spouse feels that his or her property might be destroyed or damaged by the responding spouse.
Talk to an attorney immediately if you feel an issue related to your divorce is an emergency.

It’s Complicated.

The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce proceedings, including ex parte orders. Judy Burger is a California Certified Family Law Specialist, and founder of the Law Offices of Judy L. Burger. Please call our offices at 415-293-8314 to set up an appointment with one of our attorneys. We assist clients along the Northern to Central California Coast.
Tips for Helping Kids Survive Divorce

Tips for Helping Kids Survive Divorce

If you are getting divorced and have children, you may question how to tell your kids about the divorce. They may need help learning to cope with all the changes in their lives. Parents, and other adults who love the children, may need tips on helping kids survive divorce. We will look at few tips in this article.

Recognize Stages Kids Go Through

After telling your children about the divorce, watch for the following emotions and behavior:

  • Denial – refusing to believe their parents are separating.
  • Anger – misbehaving and acting out because of the disruption to their lives.
  • Depression – feeling overwhelmed or helpless.
  • Bargaining – trying to get parents to reconcile.
  • Acceptance – beginning to heal and get back to normal.

At every stage, parents may have the opportunity to help their children cope.

Parents Can Make Transitions Easier – Or Far More Difficult

The parents’ behavior goes a long way toward helping kids learn to survive and thrive during a divorce. With that in mind:

  • Don’t use your children as pawns or messengers.
  • Do talk positively as much as possible.
  • Don’t talk bad about your children’s other parent.
  • Do encourage your children to talk about how they feel.
  • Don’t fight with each other in front of the kids.
  • Do communicate cordially and coordinate visitation.
  • Don’t forget to pick up and return the kids at the scheduled dates and times.
  • Do show your children that you love them.

In addition, negotiate your marital settlement and parenting plan in good faith. Try to come up with a plan that helps your kids survive divorce.

Courts Pay Attention to Children’s Needs

Laws, statutes, and regulations cannot eliminate feelings of rage, revenge, unworthiness, and grief. It may be difficult to control your emotions and actions. However, judges will assess how parents relate to their children when deciding child custody arrangements. Courts are required to keep the children’s best interests in mind, even when the parents struggle with addressing their kids’ feelings along with their own.

Helping Kids Survive Divorce Is a Top Priority

It’s not always easy, though. Having an attorney help with a divorce may ease some of your tension.

Judy Burger is a California Certified Family Law Specialist, and founder of the Law Offices of Judy L. Burger. Please call our offices at 415-293-8314 to set up an appointment with one of our attorneys. We assist clients along the Northern to Central California Coast.