Planning Child and Spousal Support for the New Year

December 22, 2025 TRIWriter

As we enter 2026, California parents and former spouses navigating child and spousal support obligations face important changes that could significantly impact their financial obligations and expectations. Whether you’re paying or receiving support, understanding these updates and planning proactively can help you avoid financial surprises and ensure your support arrangements remain fair and legally compliant.

Key Changes to California Child and Spousal Support Requirements for 2026

At The Law Offices of Judy L. Burger, we help clients throughout California navigate the complexities of support modifications and adjustments. As we begin the new year, now is the ideal time to review your current support obligations and plan for any necessary changes.

Minimum Wage Increase Affects Low-Income Adjustment

California’s minimum wage increases from $16.50 to $16.90 per hour on January 1, 2026. This seemingly small change has significant implications for child support calculations, particularly for lower-income parents.

The low-income adjustment applies to obligors whose net disposable income per month is less than the full-time minimum wage in California, and starting September 1, 2024, the threshold is the monthly gross income earned from full-time minimum wage at 40 hours per week, 52 weeks per year. With the 2026 minimum wage increase, this threshold now rises to approximately $2,930 per month in gross income.

This adjustment is crucial because the low-income adjustment reduces the child support amount that would otherwise be determined by the guideline calculators. If you’re a paying parent whose income falls near this threshold, you may now qualify for reduced support obligations. Conversely, if you’re receiving support from a low-income obligor, you may see a decrease in payments.

Updated Child Support Formula

Effective September 1, 2024, California child support orders more accurately reflect the realities of parenting in the 21st century, as the federal government revised the formula used for calculating child support and broadened the income ranges used to qualify parents for low-income adjustments.

The new guidelines create a “low-middle” income bracket that allows family law courts to acknowledge the difficulties faced by working parents earning lower incomes but not on public assistance, enabling courts to set orders more in line with a parent’s current expenses.

Changes to Local Child Support Agency Procedures

From January 1, 2026, local child support agencies have new methods for calculating income and considering earning capacity when actual income is insufficient, with the latest techniques helping ensure that child support orders are based on a realistic assessment of each parent’s financial situation.

Special Needs Trust Provisions

Courts have now been empowered to direct child support payments into special needs trusts for children with disabilities, ensuring that financial support does not jeopardize the child’s eligibility for public assistance programs like Medi-Cal or Supplemental Security Income. This is particularly important for parents of children with disabilities who are planning their 2026 financial arrangements.

Planning Tips for Child and Spousal Support Payors

Review Your Income Documentation: If your income has changed significantly since your support order was established, now is the time to gather documentation. Remember, support modifications can only be retroactive to the date you filed your Request for Order with the court, not to when circumstances actually changed, as the court cannot modify support for periods before you formally requested the change.
Understand the Low-Income Adjustment: If your net disposable income is close to the minimum wage threshold, calculate whether you now qualify for the low-income adjustment. Even if you earn slightly above minimum wage on a gross basis, you may still qualify based on your net income after taxes and other deductions.
Stay Current on Payments: California Family Code section 4722 automatically adds up to 6% annual interest to unpaid support, and this interest compounds yearly. Missing payments can quickly spiral into overwhelming debt. If you’re struggling financially, file for modification immediately rather than simply stopping payment.
Consider Tax Implications: The 2026 tax year brings its own considerations. While spousal support remains tax-deductible for the payor and taxable income for the recipient (for orders established before 2019), child support is neither deductible nor taxable. Understanding these distinctions helps with overall financial planning.
Document Your Timeshare Accurately: Child support calculations heavily depend on the percentage of time each parent has physical custody. If your actual timeshare differs from what’s in your custody order, this could affect your support obligation. Keep detailed records of actual custody time.

Planning Tips for Child and Spousal Support Recipients

Monitor Payment Compliance: Stay on top of whether payments are being made on time and in full. California offers multiple enforcement mechanisms, including wage garnishment, license suspension, and asset seizure. If payments become irregular, contact the local child support agency or your attorney promptly.
Understand Modification Limitations: Just as payors can seek modifications when their income decreases, recipients should know that support can also be increased if the payor’s income has risen significantly. Review your former spouse or co-parent’s financial situation annually to determine whether modification is warranted.
Plan for Support Termination: California child support orders remain in effect until a minor turns 18, but if your child is still in high school, the order remains in effect until graduation or until your child turns 19, whichever comes first. If your child is approaching this age, begin planning for the financial transition.
Know Your Rights Regarding Spousal Support Collection: California Child Support Services can only collect spousal support while collecting current support for a child under 18, and once all children have legally emancipated, California Child Support Services can no longer collect or enforce a spousal support order. If you’re receiving both types of support, plan ahead for how spousal support will be enforced after children emancipate.
Keep Detailed Records of Child-Related Expenses: Extraordinary expenses like uninsured medical costs, educational expenses, and childcare can be added to support obligations. Maintain thorough documentation of these costs to support potential modification requests.

How Judy Burger Can Help

Navigating support calculations and modifications requires detailed knowledge of California family law, complex mathematical formulas, and strategic timing. As a California Certified Family Law Specialist, Judy L. Burger possesses the advanced knowledge and proven experience necessary to handle these intricate matters. This certification, held by fewer than 10% of California family law attorneys, demonstrates her commitment to this specialized area of law.

Judy can help you understand how the 2026 changes affect your specific situation. She can calculate whether you qualify for the low-income adjustment, determine if your current support order needs modification, and represent you in seeking fair adjustments based on changed circumstances.

For those paying support, Judy can help you file modification requests promptly to avoid losing months of potential relief. She understands the nuances of income calculation, including how to properly account for bonuses, commissions, self-employment income, and other variable compensation sources.
For those receiving support, Judy can help ensure you’re receiving the full amount you’re entitled to under California’s guidelines. She can assist with enforcement actions when payments aren’t being made and can seek modifications when the payor’s financial situation has improved.

The Law Offices of Judy L. Burger also handles support issues at the intersection with other family law matters, including custody modifications, divorce proceedings, and domestic violence restraining orders that may affect support calculations.

Child & Spousal Support FAQs

How does the 2026 minimum wage increase affect my child support obligation?

The minimum wage increase to $16.90 per hour raises the threshold for the low-income adjustment to approximately $2,930 per month in gross income. If your net disposable income falls below this amount, you may qualify for a reduced support obligation. Even if you don’t qualify for the adjustment, the change affects the overall calculation formula, so your support amount may change slightly.

Can I modify my support order if I lost my job in late 2025 but didn’t file until 2026?

Yes, you can file for modification, but the modification will only be retroactive to the date you file your Request for Order, not to when you actually lost your job. This is why it’s critical to file immediately when circumstances change—every month of delay represents support you’ll still owe at the higher rate.

If my ex-spouse gets a significant raise, can I request an increase in child support?

Absolutely. A material change in the payor’s income is grounds for modification. You’ll need to demonstrate the income increase and show that it results in a significantly different support calculation under the guidelines. An attorney can help you gather the necessary evidence and file the appropriate motions.

Does spousal support automatically end when my child turns 18?

No, these are separate obligations. However, if the local child support agency has been collecting your spousal support along with child support, they can only continue collecting spousal support while a child under 18 is still receiving support. Once all children emancipate, you’ll need to enforce spousal support through other means, typically with the help of a private attorney.

What happens if I can’t afford to pay both child support and spousal support?

California law doesn’t allow you to simply choose which obligation to pay. Both are court-ordered, and failure to pay either can result in serious consequences, including wage garnishment, license suspension, and contempt charges. Instead, you must file for modification based on changed financial circumstances. The court will then recalculate what you can reasonably afford to pay.

Start 2026 With a Solid Support Plan

Don’t wait until financial problems become overwhelming or until you’ve lost months of potential modification relief. Contact The Law Offices of Judy L. Burger today for a comprehensive review of your support situation. With offices throughout California and a deep understanding of the 2026 changes to support calculations, Judy Burger and her team can provide the strategic guidance you need.

Call now to schedule your consultation. Let us help you navigate the complexities of California support law and create a financial plan that protects your interests and ensures compliance with your legal obligations. The support decisions you make now will impact your finances throughout 2026 and beyond—make sure you’re making them with full knowledge of your rights and options.

Take control of your support obligations this year. Contact The Law Offices of Judy L. Burger and start 2026 with clarity, compliance, and confidence.

California Divorce, Spousal Support

Why Is Spousal Support a Critical Consideration in a Graying Divorce?

November 10, 2025 TRIWriter

As life expectancy increases and societal norms shift, divorce among older adults, often referred to as “graying divorce,” is becoming increasingly common. According to the Pew Research Center, the divorce rate for adults aged 50 and older has doubled since the 1990s. In California, this trend has significant implications, particularly for financial security and spousal support (also called alimony).

Understanding Graying Divorce

A graying divorce refers to the dissolution of a marriage involving couples aged 50 and older. This demographic often faces unique challenges that differ significantly from younger couples seeking divorce. Older couples may have been together for decades, accumulating assets, retirement savings, and usually children who are already adults. The decisions made during this phase can have lasting repercussions on the financial well-being of both parties.

Divorce at an older age frequently occurs after a long history of marriage, leading to complexities not only in emotional terms but also in financial considerations. When couples split after years of being in a partnership, the question of alimony—or spousal support—becomes critical. Given the potential disparities in earning power and the significant life changes that come with divorce, spousal support takes on heightened importance for older divorcing couples.

Why Spousal Support Matters in a Graying Divorce

Financial Security Post-Divorce: Unlike younger couples who may have time to rebuild their financial situations, older adults may have fewer years to recover financially. Spousal support can provide essential support during a period of adjustment, ensuring that neither spouse faces undue financial hardship.
Income Disparities: Often in graying divorces, one spouse may have been the primary breadwinner while the other may have focused on homemaking or caregiving. In these situations, the non-working or lower-earning spouse may struggle to maintain the same standard of living after divorce. Spousal support can help bridge that gap until they can secure employment or reach financial independence.
Retirement Considerations: Retirement benefits and pensions are often significant assets in a graying divorce. If one spouse did not participate in the workforce during the marriage, they may be at a disadvantage when dividing these assets. Spousal support may serve as a compensatory measure, offering financial stability in place of shared retirement benefits.
Health Care Coverage: As individuals age, health care issues may become more prevalent, and medical expenses can increase significantly. Spousal support can help cover health insurance costs or other medical expenses that one spouse may struggle to afford on their own after the divorce.
Finding a New Normal: Divorce at any age is challenging, but for older adults, the emotional toll can be compounded by a sense of lost identity or loneliness. Spousal support provides not only financial support but also helps alleviate some of the stress associated with starting a new chapter in life. It grants both individuals the breathing room they may need to adjust and plan for the future.

How Judy Burger Can Help You Navigate Spousal Support Negotiations

Understanding Spousal Support in the context of a graying divorce requires careful consideration and knowledge of California family law. A California Certified Family Law Specialist like Judy L. Burger is uniquely qualified to help you negotiate the best spousal support agreement tailored to your needs. Here’s how Judy’s expertise can benefit you:

Comprehensive Assessment

Judy takes the time to carefully assess your financial situation, considering all aspects, including income, expenses, retirement accounts, and potential future needs. By having a clear picture of your financial landscape, she can negotiate effectively for a spousal support arrangement that provides adequate support.

Experience with Complex Cases

Given the complexities of dividing marital assets and establishing spousal support, Judy’s extensive family law experience ensures your interests are protected. She understands how to navigate potential pitfalls that may arise in higher asset divorces or those involving retirement benefits.

Customized Solutions

Every divorce is unique, and Judy focuses on crafting personalized solutions that reflect your specific circumstances. Whether you seek temporary support during the transition or a long-term agreement, Judy’s client-centric approach ensures you receive the guidance you need.

Mediation and Collaboration

Often, resolving spousal support issues through negotiation rather than litigation is preferable for older couples. Judy encourages mediation and collaborative solutions, helping both parties reach an agreement while minimizing the emotional and financial toll of hostile court battles.

Long-Term Stability

Judy’s goal isn’t merely to secure an agreement but to ensure that the arrangement fosters long-term financial stability and peace of mind, allowing you to embrace your future without the burden of unresolved financial concerns.

Graying Divorce FAQs

What is the average duration of spousal support for gray divorce cases?

Spousal Support duration varies based on numerous factors, including the length of the marriage, the financial needs of the recipient spouse, and the paying spouse’s ability to support. In longer marriages, spousal support may continue for a longer duration or even indefinitely in some cases.

Is spousal support automatically granted in a graying divorce?

No, spousal support is not automatically granted. The court considers various factors, including the length of the marriage, the standard of living during the marriage, and the financial situation of both parties.

Can I request a modification of my spousal support agreement later?

Yes, spousal support agreements can typically be modified if there is a significant change in circumstances, such as a substantial change in income, employment status, or health.

What if my spouse refuses to pay spousal support?

If a spouse refuses to pay spousal support as ordered, the recipient can file a motion with the court to enforce the order. Legal representation can be vital for navigating this process and ensuring compliance.

California Spousal Support Negotiations In a Graying Divorce

Negotiating spousal support in a graying divorce is a critical component of ensuring both parties are treated fairly and equitably. With expertise and experience, Judy L. Burger provides essential guidance and support, empowering individuals to secure their financial future following divorce.

If you or a loved one is facing a gray divorce, consider reaching out to Judy and her team to explore your options and secure the best possible outcome.

Property Division

Confirming Separate Assets in a CA Property Division

October 31, 2025 TRIWriter

Dividing property in a divorce can be complicated. In California, property division is governed by community property laws, which dictate how assets and debts acquired during the marriage are handled. However, distinguishing between separate assets and community assets is critical for ensuring an equitable division. Understanding these concepts can significantly impact the final agreement at the time of divorce.

Let’s review what constitutes separate assets, guidelines for determining them, and how experienced CA Family Law Attorney Judy Burger can assist you through the property division process.

What Are Separate Assets?

In California, separate assets refer to property owned by one spouse that was acquired before the marriage or through certain means during the marriage. Examples of separate assets include:

Property Owned Before Marriage: Any real estate, investments, or personal property that one spouse owned prior to the marriage is considered a separate asset.
Gifts and Inheritances: If a spouse receives a gift or inheritance from someone other than their partner, this property is likely to be classified as separate.
Certain Personal Injury Awards: Compensation received for personal injury claims, not including lost wages during the marriage, is considered separate.
Property Acquired with Separate Funds: If one spouse uses their separate funds to acquire additional property, that property can remain separate.
Income from Separate Property: Income generated from separate assets, such as rental income from property owned before the marriage, is treated as separate, unless commingled.

Guidelines for Determining Separate Assets

Identifying separate assets amidst community assets can be challenging, and understanding the distinctions is crucial. Here are some guidelines to help confirm separate assets during property division:

Documentation: Maintaining records of asset ownership is essential. This includes deeds, bank statements, and documentation of gifts or inheritances. Clear records can help support claims that certain assets are separate.
Tracing Funds: In cases where separate and community funds have been mixed, it may be necessary to trace the roots of the assets. A financial expert can assist in differentiating community property from separate property by examining account histories and transaction details.
Legal Definitions: Familiarity with California’s legal definitions is vital. California Family Code Section 770 details the characterization of separate property. Consulting legal statutes helps provide clarity on what qualifies as a separate asset.
Marital Agreements: Pre-nuptial or post-nuptial agreements can define the nature of certain assets as separate. If you have a marital agreement in place, it’s essential to review its terms closely.
Community Property Presumption: In California, all assets acquired during the marriage are presumed community property unless proven otherwise. This presumption means that one must provide sufficient evidence to establish the separate character of the asset in question.

How Attorney Judy Burger Can Help

Navigating the complexities of property division requires a knowledgeable and experienced attorney who understands California’s laws. Judy Burger, a Certified Family Law Specialist, has extensive experience in handling property division matters, and her expertise can greatly benefit you in several ways:

Comprehensive Knowledge: With her in-depth understanding of California family law, Judy provides accurate legal advice on asset categorization, ensuring you know which of your assets may qualify as separate property.
Strategic Planning: Each divorce case is unique, and Judy takes time to develop a tailored strategy that considers your situation. She helps clients gather necessary documentation and develop an effective approach to demonstrate their claims over separate assets.
Expert Negotiation: Judy’s practice involves negotiating terms that can lead to a fair settlement. Her skilled negotiation techniques can help resolve disputes over property division without the need for lengthy court interventions.
Litigation Experience: If negotiations fail and your case goes to court, Judy’s litigation skills come into play. Her familiarity with court procedures and effective advocacy can yield better outcomes in asset division disputes.
Resource Networking: Beyond legal assistance, Judy has a network of financial experts and appraisers. This collaboration can enhance your case in terms of valuing assets accurately and proving their separate nature.

FAQs About Separate Assets

What is the difference between separate and community property in California?

Community property refers to assets obtained during the marriage, while separate property belongs solely to one spouse, often acquired before marriage or through gifts and inheritances.

How can I prove that an asset is separate?

Proof usually involves providing documentation showing ownership before the marriage or demonstrating that it was received as a gift or inheritance. Tracing funds can also establish separation.

Can my spouse claim my separate assets?

Generally, no. However, if separate assets are commingled with community assets, it may be more challenging to prove they remain separate.

Is income earned from separate property considered separate?

Yes, unless the income has been significantly invested into community property, in which case it may complicate the distinction.

What role does a prenuptial agreement play in separate assets?

A prenup can clearly define certain assets as separate, helping to protect them during a divorce. If you have a prenup, it is essential to review its terms with an attorney.

Experienced CA Property Division Lawyer

Understanding separate assets and their distinction from community property is crucial when navigating a divorce in California. Having an experienced attorney like Judy L. Burger by your side can ensure you receive the guidance necessary to protect your rights and your assets. With her expertise, personalized approach, and negotiation skills, you can work towards achieving a fair division that respects both your interests and those of your family.

If you’re facing a divorce, contact The Law Offices of Judy L. Burger today for a consultation to discuss your property division concerns.

Restraining Order

Can a Certified CA Family Law Specialist Defend Me Against a Restraining Order?

October 24, 2025 TRIWriter

Facing a restraining order can be a daunting experience, especially in the emotionally charged realm of family law. Whether you’ve been served with a temporary restraining order (TRO) or are navigating the complexities of a permanent order, the significance of having a knowledgeable advocate in your corner cannot be overstated.

A Certified California Family Law Specialist, like Judy Burger, possesses the relevant expertise and skills to mount a robust defense against restraining orders, ensuring that your rights and interests are protected throughout the legal process.

Understanding Restraining Orders

Restraining orders are legal orders issued by a court to protect individuals from harassment, abuse, or threats. In California, there are several types of restraining orders, but they typically fall into the following categories:

Domestic Violence Restraining Orders: These orders protect individuals from abuse or threats by someone they have a close relationship with, such as a spouse, partner, family member, or cohabitant.
Civil Harassment Restraining Orders: These orders offer protection against harassment from individuals who do not have a significant relationship with the victim, such as neighbors, acquaintances, or strangers.
Elder or Dependent Adult Abuse Restraining Orders: Specifically designed to protect elderly individuals or dependent adults from abuse or neglect.
Workplace Violence Restraining Orders: These orders can be issued to protect employees from threats or violence in the workplace.

Reasons for a Restraining Order

There are various reasons one might file for a restraining order, including:

Domestic Violence: Allegations of physical harm, threats of violence, or psychological abuse.
Stalking or Harassment: Continuous unwanted contact or surveillance that causes distress or fear.
Child Custody Issues: Concerns about a parent’s behavior affecting the safety and well-being of a child.
Threats of Harm: Verbal or written threats that create fear of imminent harm.
Substance Abuse: When an individual’s substance abuse issues pose a threat to themselves or others.

While these orders are intended to safeguard individuals, they can be based on misunderstandings, miscommunications, or false accusations. Consequently, facing a restraining order can significantly affect one’s personal life, professional relationships, and even parental rights.

The Importance of Legal Representation

When you are served with a restraining order, it is crucial to seek legal representation immediately. There are several reasons for this:

Understanding the Legal Process

Restraining orders involve complex legal procedures. A family law specialist can help you navigate the system, ensuring that you meet all necessary deadlines and follow all required protocols.

Crafting a Defense Strategy

A knowledgeable attorney will help develop a defense strategy tailored to the specifics of your case. Whether you aim to contest the order or seek modifications, having professional guidance can significantly influence the outcome.

Navigating Emotional Turmoil

The experience of facing allegations can be intensely stressful and emotionally taxing. Having a seasoned attorney by your side can alleviate some of this stress, allowing you to focus on your well-being while they handle the legal minutiae.

Representation in Court

If the case proceeds to a hearing, having a legal advocate who understands courtroom dynamics and is skilled at presenting evidence and arguments is crucial. They can present your case effectively and aim for a favorable ruling.

Protecting Future Rights

An order can have long-lasting implications, including impacting child custody arrangements or professional opportunities. A family law specialist will work to protect your rights and reduce adverse consequences.

How a Certified Family Law Specialist Can Help

A Certified California Family Law Specialist, like Judy Burger, brings specialized knowledge and experience that is invaluable in defending against a restraining order. Here are some of the benefits of working with a specialist:

In-Depth Knowledge of Family Law: Judy’s certification indicates a significant level of expertise in family law, including the specifics related to restraining orders. This enables her to offer personalized advice and representation tailored to the nuances of California law.
Experience with Restraining Orders: Understanding the intricacies of restraining orders requires an attorney who is well-versed in past cases and has successfully employed defense strategies. Judy’s experience equips her to tackle your case effectively.
Personalized Attention: Judy takes the time to listen to her clients and understand their unique situations. This customized approach ensures that your specific circumstances and concerns are addressed in the development of your legal strategy.
Mediation Skills: A family law specialist is skilled at conflict resolution. In cases where there could be room for negotiation, Judy can help facilitate productive dialogue aimed at resolving issues amicably.
Emotional Support and Resources: Beyond legal services, Judy recognizes the emotional strain that accompanies such cases and can connect clients with additional support resources, including counseling and support groups.

FAQs About Restraining Orders

How long does a restraining order last in California?

A temporary restraining order lasts until the court’s hearing, usually about 21 days. If a permanent restraining order is granted, it can last up to five years, with the possibility of renewal.

Can you contest a restraining order?

Yes, a person served with a restraining order has the right to contest it in court. A skilled attorney can help prepare a defense and present evidence to challenge the order.

What evidence is needed to support a restraining order?

The petitioner must provide evidence demonstrating a credible threat of harm or harassment, which may include testimony, photographs, police reports, or witness statements.

Can I communicate with the person who has the restraining order against me?

Generally, no. Violating a restraining order can result in legal consequences. Always consult your attorney for guidance on permissible communication.

What happens if a restraining order is violated?

Violating a restraining order can lead to criminal charges, fines, or imprisonment. It is essential to comply with the order while seeking legal advice.

CA Restraining Order Defense Lawyer

Facing a restraining order is a serious matter that requires immediate legal attention. With the help of a Certified California Family Law Specialist like Judy Burger, you have a better chance of crafting a strong defense, protecting your rights, and mitigating the potential impacts on your life.

Don’t navigate this complex process alone—reach out for professional legal support that understands your unique situation and can advocate for your interests.

California Divorce

5 Ways You Can Help Your Kids During Divorce

June 30, 2022 TRIWriter

Divorce can be a stressful and painful experience for everyone involved, but it can be especially hard on children. As a parent, you will want to do everything you can to protect your kids during this difficult time. While you probably won’t be able to completely insulate your children from your divorce, there are measures you can take to support them during the process. Here are 5 ways you can help your kids during divorce: Continue reading →

Child Custody

Do I Need the “Right of First Refusal” in My Custody Order?

June 5, 2022 TRIWriter

During divorce, parents often establish a schedule that sets out how they will spend time with their kids. Generally, the expectation is that custodial parents will be with their children during their designated care periods. However, there can be situations when a parent may need to leave their children with someone else. Depending on the circumstances, you may or may not be comfortable with a third party watching your kids when your ex is away. If that is the case, you may want to consider adding the “Right of First Refusal” to your California parenting agreement. If you have not heard of this term, you may be wondering: Do I need the “right of first refusal” in my custody order? Continue reading →

California Divorce

My Ex Has a Divorce Attorney. Do I Need One for My California Divorce?

May 1, 2022 TRIWriter

During divorce, everything you thought you knew about your relationship with your ex will change. Before, you were a couple planning for a future together. Now, you are legal adversaries preparing to live separate lives. It may be that you both started out agreeing to settle your case amicably. However, if your ex hires a divorce lawyer and you don’t have one, the process can suddenly seem less cooperative. In this situation, you may think: My ex has a divorce attorney. Do I need one for my California divorce? Continue reading →

Domestic Violence

How Do Domestic Violence Restraining Orders Work in California?

August 7, 2017 Judy Burger

A domestic violence restraining order is a civil order entered by the court directing an abuser to stop harassing or abusing the victim. The type of abuse that may be the basis for the entry of a restraining order includes the following:

causing or attempting to cause the victim physical injury;
making the victim fear he or she or another person is in immediate danger of being harmed;
threatening or harassing the victim, in person or through other means;
stalking the victim;
destroying the victim’s personal property; or
disturbing the peace of the victim.

For the court to enter a domestic violence restraining order, the abuser must be related to the victim in one of the following ways:

a spouse or former spouse;
a person the victim is dating or has dated;
a lover;
the other parent of your child;
anyone closely related to the victim by blood, marriage, or adoption; or
a person who regularly lives in the victim’s home.

A domestic violence restraining order may provide protection for the victim’s children as well as the victim. Such a restraining order can also include other orders besides a command to stop the abuse. For example, a domestic violence restraining order may include an order regarding spousal support, custody, child support, or parenting time; granting the victim possession of a pet; removing the abuser from a home shared with the victim; or prohibiting the abuser from possessing a firearm.

A victim seeking a domestic violence restraining order must file an application with the court. The application includes a Domestic Violence Date of Birth Verification (Form FL/E-LP-640), a Notice of Court Hearing (Form DV 109), a Request for Domestic Violence Restraining Order (Form DV-100 and FL/E-LP-613), a Description of Abuse (Form DV-101), and a Temporary Restraining Order (DV-110). Additional forms must be filed if the victim is also seeking an order regarding spousal support, child support, child custody, or visitation.

If the victim is in immediate danger, the court may issue a temporary restraining order after processing the application but before holding a hearing. Regardless, the court will set a hearing, and the victim must have the abuser served with the Notice of Hearing. Service of the Notice of Hearing is usually done through the sheriff’s department of the county where the abuser lives.

The victim may bring a support person to the restraining order hearing, even if the victim also has an attorney. If evidence at the hearing shows the existence of past or present abuse of the victim by the abuser, then the court will issue a domestic violence restraining order. A domestic violence restraining order can last up to five years but lasts only three years if no termination date is stated. During the last three months of a restraining order, the victim can ask the court to extend the restraining order for another five years or permanently.

If you or a loved one has been or is a victim of abuse, consult an experienced attorney experienced in domestic violence law to help you get a domestic violence restraining order. The Law Offices of Judy L. Burger can help you get the protection you need. Call today to see how we can help you: (415) 293-8314.

Child Support

Modification of Child Support in California

July 24, 2017 Judy Burger

Many parents are disheartened by the final child support order entered in their divorce, legal separation, or parentage case. Payers often feel that they have been ordered to pay too much, beyond their means; payees, on the other hand, frequently believe they have been shortchanged.

Most of the time, it is difficult to change the amount of support, either upward or downward. In fact, the simplest circumstance is the rare occasion on which a judge ordered less than the amount found by the guideline. In such a case, the amount can be changed without any legal showing at all.

The second simplest way to change the support amount is when the parents agree to change the amount and a judge is willing to sign an order approving the requested change. Of course, the parties rarely agree on an appropriate amount of support.

Aside from these two methods, it can be difficult to change the amount of child support. However, three methods are available: reconsideration, appeal, and modification.

Both a motion for reconsideration and an appeal have strict legal time frames within which they may be requested. Experienced California family lawyers are very familiar with the applicable time frames and mandatory procedures; if your final order is brand new or relatively so, hiring an experienced family lawyer is your best bet for changing the amount through reconsideration or appeal.

The third way the child support amount may be changed is through a motion for modification. For a modification to be granted, it must be based on a significant change in circumstances since the time the final order was entered. Again, a skilled family lawyer understands the legal standard that applies to modification requests and the type of evidence that may be used to support such a request.

Here are some examples of circumstances that may warrant a modification of a California final child support order:

Significant promotions or demotions;
Changes in jobs or loss of a job;
Lengthy prison or jail time;
Major changes in the parents’ time-share arrangement;
Major illness or disease of a parent or a child; and
Military activation or deployment.

The most important thing to remember is that unless and until a new support order is entered, the amount stays the same. In addition, it’s important that you ask for a modification right away. Most of the time, the amount will not be changed retroactively to a date before the modification request was filed.

If circumstances have changed since your child support order was entered and you want to pursue a change, consult a qualified family lawyer to discuss your best options. The attorneys at the Law Offices of Judy L. Burger are experienced in difficult divorce proceedings, including disagreements about child support. Call today to see how we can help you: (415) 293-8314.

California Divorce

What Is Discovery and How Is It Used in Divorce Proceedings?

July 3, 2017 Judy Burger

In a divorce case, the end of your legal relationship includes the division of assets and debts and determination of issues on custody and support. Sometimes, only a spouse may have access to information on property you believe to be subject to division in the divorce, or you and your spouse may disagree on an issue regarding custody or support. To prepare an argument in support of your position, you can request information on relevant issues from your spouse or from a third party. This process of requesting and exchanging such evidence is called “discovery.”

“Discovery” is the legal term that describes a pre-trial procedure for collecting evidence and information in order to prepare a case for negotiation or trial. By obtaining and exchanging information in discovery, you can both build your own case and evaluate your spouse’s case.

There are two main types of discovery. Informal discovery is the collection of information by methods such as interviewing witnesses or asking your spouse for information or documentation without a court order. It often is less expensive and takes less time to complete than formal discovery.

Formal discovery is a legal process governed by the Code of Civil Procedure in which one party requests information from the other party, or even from a third party, and the responses are given under oath. Following are the most common types of formal discovery in a divorce:

interrogatories;
request for production of documents;
request for admissions; and
depositions.

Interrogatories are questions to be answered in writing under oath. The questions in interrogatories have a bearing on issues in your divorce. For example, you may send interrogatories asking your spouse to identify all items of property claimed to be community and separate property, to identify property owned by your spouse by held by another, or to state whether you and your spouse have agreements on any issues in the divorce. Interrogatories can be used to identify areas of agreement in a case as well as serve as a starting point for collecting information on the marital estate. Judicial Council Form FL-145 is a form of interrogatories designed and commonly used in family law cases.

Requests for production of documents are just that: a request to produce documents under oath. As with interrogatories, the documents requested to be produced should have a bearing on issues in the divorce, such as the identification or value of property owned by either spouse or financial account records. In some cases, such as where one spouse requests spousal support or maintenance, even a spouse’s medical records may be relevant and requested by the other spouse.

Requests for admissions are statements sent to the other spouse in order to ask him or her to admit or deny the truth of those statements. This discovery tool can be useful in establishing areas of agreement in the divorce. For example, where divorcing spouses agree on the identification and division of property but disagree on child custody and support, one spouse may send the other spouse a request for admissions on the property issues. Once those issues are admitted under oath in a written response by the other spouse, they do not need to litigate that issue at trial.

Finally, a deposition is an oral statement given under oath. The party who scheduled the deposition asks questions relevant to the issues in the divorce. The witness, called a deponent, responds, and the responses are recorded by a court reporter. The court reporter then creates a transcript of the question-and-answer session. A deposition is similar to trial testimony, in which one attorney examines a witness and the other attorney then cross-examines the witness. Depositions can be used to memorialize testimony as well as to gauge the demeanor of the witness while answering the questions.

You may use court forms and other resources to conduct discovery yourself, but the discovery and family law rules are complicated. If you are contemplating separation or divorce and you have children, you should consult with a knowledgeable California divorce attorney. The attorneys at the Law Offices of Judy L. Burger will make sure you successfully navigate the discovery rules. Make the call today to learn how our attorneys can help: (415) 293-8314.