Category Archives: Child Support

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.
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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.
Who Bears Financial Responsibility for the Kids?

Who Bears Financial Responsibility for the Kids?

It’s no secret that divorces where children are involved can be complicated. California divorce judges make decisions based on what is in the best interests of the children. But raising children is expensive. As a divorce nears finalization, one of the most important questions is who will take on financial responsibility for the kids? Mom, Dad, or is it split between the two?

Child Support Fundamentals

Parents generally are responsible for supporting their dependent children. When the parents are divorced, the court orders one or both parents to providing financial support for their children.

Child support generally ends if the child:

  • turns 18 and is not a full-time high school student
  • marries or registers a domestic partnership,
  • becomes emancipated, or
  • turns 19.

Deciding who will be financial responsible for the kids is not always easy.

Determining Child Support

A number of factors go into calculating child support:

  • What are the financial circumstances of both parents;
  • What do the children need;
  • Are there any special expenses like child care, special medical care, or therapy; and
  • Which parent has the most physical responsibility for the kids.

The parents file and submit an Income and Expense Declaration and provide proof of income. The judge reviews each parent’s submission, paying close attention to their net disposable income. The court also looks at all other sources or income or potential sources.

The child support order typically is based in part on how much time each parent spends with their children. Parents who spend less time with their kids may be ordered to provide more monetary support.

The judge also will consider expenses related to the children, including:

  • Basics like food, clothing, and shelter;
  • Health insurance;
  • Child care;
  • Extracurricular activities;
  • Travel costs related to visitation, and
  • Medical bills currently unpaid.

Of course, the judge will also consider California laws related to child support and California Child Support Guidelines.

The Answer to the Question “Who Bears Financial Responsibility for the Kids” Is . . .

It’s complicated. Both parents bear some of the cost of raising children. However, child support orders may order a greater financial support for the parent who has less physical responsibility.

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.

Financial Tips for Men Going Through a Divorce

Financial Tips for Men Going Through a Divorce

In a previous blog, we talked about finances for women going through a divorce. Now, it’s the men’s turn. The divorce experience is as different for men and women as, well, men and women. Nowhere is that more apparent than in family finances. Even though men tend to fare better financially than women post-divorce, it is still important to consider some financial tips for men who are going through a divorce.

Learn Everything You Can About Your Finances

It may be difficult to negotiate a reasonable divorce settlement if you don’t know what’s involved. What bank accounts do you and your spouse have? How much debt do you have? Did you or your wife take the leading role in financial decisions. Make sure you know where you stand.

Make an Inventory of All Property

At this point, don’t worry about whether it is community property or separate property. Account for cash, bank accounts, real estate, personal property, and other assets. Prepare a list that is as complete as possible. Then put it in a safe place.

Explore Spousal Support Options

Some men resist paying spousal support. The reasons vary. Sometimes the husband took a greater role in financially supporting the family while the wife focused on home and children. Others may be worried they won’t have enough money to live on.

Some men resist receiving spousal support. In divorce cases where the wife makes more money than the husband, or where the husband takes an increased child custody role, the wife may pay spousal support to the husband.

Prepare for Child Support

Whether you will pay and how much depends on a number of factors. The judge hearing your divorce case will enter an order for one or both parents to provide a certain amount to cover a child’s living expenses.

Make sure you provide complete and accurate financial disclosures. The court will consider both parents’ net disposable income when deciding on child support.

Hold Off on Impulse Buying

Depression or even a sense of freedom sends some men over the financial deep end. This may not be the best time to buy a boat, go to Vegas, or move cross country. If possible, wait until after the divorce is final before making any big decisions.

Divorce is Hard

An experienced California divorce attorney can help you achieve the best outcome possible. 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.
How to Get Temporary Spousal Support or Child Support

How to Get Temporary Spousal Support or Child Support

Often a party to a divorce may be eligible for temporary spousal support, temporary child support, or both. Calculating the amounts due can be a complicated process. Though this is not a comprehensive list, courts may consider some of these factors when calculating support:

  • Earning capacity, including employability and ability to work without harming dependent children;
  • Future earning capacity of a party who chose caring for family over pursuing a career,
  • Contributions made by one spouse toward the education or training of the other,
  • Ability to pay spousal support while maintaining a standard of living,
  • Community and separate obligations and assets,
  • Length of marriage,
  • Age and health of each spouse,
  • Domestic violence claims,
  • Tax consequences to the parties,
  • Criminal convictions, and
  • Any other factors the court considers to be important.

One thing to remember is that temporary spousal support and child support are not granted automatically. You have to ask for them.

Applying for Temporary Spousal Support

Temporary spousal support can be requested if you have an open case for divorce, legal separation, or a domestic violence restraining order. Your attorney can help you complete and file the following forms to request temporary spousal support or child support:

  • Request for Order, and
  • Income and Expense Declaration.

After filing your papers, you will have someone else serve a copy on your spouse, along with two other documents:

  • Responsive Declaration to Request for Order, and
  • Income and Expense Declaration.

Then you and your attorney will file a document stating that your spouse was served. At the hearing, the judge will sign an order stating whether you get temporary spousal support and how much.

Applying for Temporary Child Support

You must have opened one of the following cases to request temporary child support:

  • If married or a registered domestic partner – a divorce, legal separation, annulment, domestic violence restraining order, petition for custody, or local child support agency case.
  • If not married or a domestic partner –a parentage (paternity) case, domestic violence restraining order, petition for custody and support of minor children, local child support agency case.

This process is similar to requesting temporary spousal support. However, make sure you serve copies with the local child support agency if they are involved.

As with spousal support, the judge enters a court order. After the hearing, the process is slightly different. You’ll need to prepare a Notice of Rights and Responsibilities – Health-Care Costs and Reimbursement Procedures. Each parent will also complete a Child Support Case Registry Form

You Don’t Have to Do This Alone.

Navigating divorce court can be distressing. We’re here to help. Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys.

Ms. Burger is a California Certified Family Law Specialist and founder of the Law Offices of Judy L. Burger. We assist clients in California’s Northern to Central Coast, including San Francisco, Gold River, Santa Barbara, Ventura/Oxnard, and surrounding communities. Our new Beverly Hills office is opening soon.