When One Spouse Has Serious Health Problems

June 12, 2018 Judy L. Burger Leave a comment

After 28 years, Olivia and Simon’s loveless marriage sputtered to an end. Before they could finalize their divorce, however, Simon learned he had Stage 2 prostate cancer. He and Olivia needed time – and the advice of their respective counsel – to assess the affect his serious health problems had on their divorce.

Health Insurance and Medical Bills

People in the middle of a divorce proceeding may be concerned about one of their biggest expenses – health insurance. This is especially true if one spouse has been paying the insurance premium for the other. Each divorce may be decided on a case-by-case basis.

In some situations, the insured spouse may continue paying their ex-spouse’s premiums as part of their settlement. In fact, the California Family Code states that health and medical insurance should be maintained until the divorce has become final.

Some couples may decide that the uninsured spouse should seek COBRA coverage. This option, though expensive, may be necessary if one of the spouses has a serious medical condition.

In a community property state like California, marital assets and marital debts are split between spouses. Medical bills incurred during the marriage, then, are likely to be considered the responsibility of both spouses.

Mental Health Concerns

If one spouse is mentally ill or lacks the ability to make decisions, the other spouse can usually obtain a divorce. The court may require medical examinations before granting the divorce. Also, just because one spouse suffers from mental illness does not mean the other spouse receives more of the marital property. Assets and debts still become part of the marital property.

Estate Planning

A complete estate plan typically includes a financial power of attorney, a living will, and a Physician’s Order for Life-Sustaining Treatment. Parties to a divorce should make sure their estate planning documents are updated, especially when one partner is ill.

For example, when Olivia and Simon finalize their divorce, they need to change their estate planning documents. It’s especially important for Simon to prepare estate planning documents that relate to medical and financial decisions because his medical condition may require others to make medical decisions for him. If he named Olivia as his agent, she most likely will no longer want to serve.

Call to Learn More About Preliminary Financial Disclosures and Your Divorce.

In addition to legal decisions, Olivia faced tough moral and ethical dilemmas. People dealing with a divorce and a seriously ill spouse may decide to continue with the divorce, stop the divorce, or file for legal separation until they decide what is best. An experienced California divorce attorney can suggest options that are right for your situation.

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.

California Divorce, Legal Separation

The Difference Between Legal Separation and Divorce

May 29, 2018 Judy L. Burger Leave a comment

Sometimes two things are similar, but not quite the same. For example, divorce and legal separation both involve major changes to marital relationship. Yet there are some distinct differences between divorce and legal separation. Before deciding which is right for you, you’ll need to consider several factors.

Marital Status

One difference between a separation and a divorce proceeding is that a legal separation does not seek termination of the marriage. Divorce does.

In a legal separation, the parties remain married. Neither can remarry. Remarriage is an option for divorced couples, although it may affect spousal support and social security benefits.

People who remain legally separated may be eligible for:

greater social security benefits at retirement (depending on other factors);
health insurance benefits;
tax benefits enjoyed by filing jointly; and
some military benefits.

A divorced spouse may lose benefits as soon as the divorce is final.

Finances.

The parties still divide up marital and community property and debts whether they are divorcing or legally separating.

Just living apart may not be enough. Couples may remain liable for each other’s debts and legal problems unless they formally separate. A legal separation agreement may provide some protection while spelling out each party’s responsibilities when it comes to financial obligations.

In a divorce proceeding, the final divorce settlement shows a clear division of assets and debts.

Residency Requirements

The party filing for divorce must be California residents for at least six months before filing. In addition, the party must live in the county in which they filed for at least three months. People who do not meet that residency requirement mays file for legal separation instead. The legal separation can be changed to a divorce proceeding at a later date.

Other Factors to Consider.

A legal separation goes into effect as soon as the paperwork is filed. A divorce, however, may take at least six months from filing the petition to signing the final divorce settlement. For couples who need some space, but not a complete end to the marriage, a legal separation might be best.

Also, sometimes a legal separation fits the couple’s religious beliefs better than a divorce. The couple don’t completely break their marriage vows, which may satisfy family and church leaders. However, the parties are spared the ordeal of living together.

Need Help Deciding Whether to Divorce or Legally Separate?

Find out about whether to terminate your marriage or just put it on hold.

To discuss the particulars of your situation, please call us at 415-293-8314. The attorneys at the Law Offices of Judy L. Burger assist clients in San Francisco, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), Roseville, and surrounding communities.

California Divorce, Debt

Paying Bills After Filing the Divorce Petition

May 22, 2018 Judy L. Burger Leave a comment

Bill and Marcie decided to end their stormy 13-year marriage. After Bill filed the divorce petition, he and Marcie started negotiating the final divorce settlement. One of the first things they did was to divide their bills and household expenses. Bill became concerned when he started receiving late notices from utility companies and the mortgage company. Marcie was living in the house, so he felt she should be paying all the household-related bills. But Marcie felt like Bill had always paid the bills and, as primary breadwinner, should continue doing so. They took the issue to their respective attorneys.

Joint Debts, Separate Debts

As couples head toward a negotiated divorce settlement, decisions are made about marital property. Debt is also divided along community debt and separate debt lines. Those lines can be a bit vague until the settlement is final, but the bills still keep rolling in.

If possible, both spouses could cover the bills by:

Splitting the bills with each party paying approximately the same amount;
Total the bills and have each spouse pay half;
Temporarily separate the bills related to the home, if any, based on who is living at the home.

Each party should retain receipts of any bills they pay.

Spouse often keep joint credit cards. Typically, the balance due at date of separation may be considered to be marital debt owed by both parties. Sometimes people cancel joint credit card accounts so that one spouse does not run up a bill while the divorce is pending. However, if one spouse does use the card inappropriately, the other can ask for reimbursement.

Decisions about community debt and separate debt may be made on a case-by-case basis. For example, if Bill uses the joint credit card to pay expenses for the home that Marcie is still living in, it may be considered joint debt instead of Bill’s separate debt.

Sometimes one spouse is unable or unwilling to pay their fair share of the bills. In that case, the other spouse may pay the bills and request reimbursement. This may include situations where one spouse is living in the marital home while the other spouse pays the house-related expenses.

When Homes Are Involved

Mortgage companies, financial institutions, and landlords still expect to get paid. That’s reasonable. A party that is unable to pay a fair share of the expenses may ask the court to order the other spouse to temporarily pay them. For example, Marcie may ask a judge to order Bill to continue paying expenses although he is no longer in the home.

In situations where the couple leased or rented a home, things can become more complicated. Did both spouses sign the lease or only one? Did one spouse sign the lease, but now the other spouse is living in the leased property? The party or parties that signed the lease are still responsible for paying the lease. It’s best to discuss these situations with your attorney.

If Your Divorce Is Pending …

Protect yourself. Gather your bills and address their payment before late notices pile up.

The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce proceedings. Call us at 415-293-8314 to schedule a private appointment or visit our website. We maintain offices in San Francisco, Marin County, Oakland, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), Roseville, and surrounding communities.

California Divorce

Community Property FAQs

April 3, 2018 Judy L. Burger Leave a comment

California is a community property state. Everyone says that, but what does it really mean? The following questions tackle a few of the questions you may have about community property.

When one spouse makes more money than the other, will their property still be split 50/50?

Divorcing couples negotiate an agreement called a divorce settlement. The division of the community estate is decided by the couple and their attorneys. Couples may agree to split that is not 50/50.

However, when couples are unable to agree, then the court gets involved. To arrive at a fairly equal division of assets and debts, courts may award part of the community property to one party based on economic circumstances. And, remember that income is considered community property in California.

Is an inheritance received during a marriage considered community property?

Property that is inherited by one spouse usually remains the separate property of that spouse unless one of the following two conditions occurs:

Commingling. The nature of an inheritance changes if the receiving spouse mixes, or commingles, the inheritance with community property.

For example, if Rosie keeps the $120,000 cash she received from her grandmother’s estate in an account that only she owns, her husband John generally can’t take it in the divorce. If Rosie instead deposits the cash into the joint account she has with John, the inheritance is now community property.

Transmutation. This occurs when the spouse who received the inheritance takes action that shows an intent to make the inheritance community property.

Using the example above, Rosie receives the $120,000 inheritance and puts it in a separate account. However, she later uses the money to buy a home that she titles in both her and her spouse’s names. She has transmuted the inheritance from separate property to community property.

A spouse who has commingled or transmuted separate property can request reimbursement if the separate property contribution can be traced back to its source. Rosie could ask to have her $120,000 returned, but she would have to prove that the money came from her inheritance. Keeping accurate, up-to-date records is critical.

Does community debt include a spouse’s credit card bills?

Debts incurred during a marriage are typically community debts.

For example, John uses his credit card to buy a wardrobe full of Louis Vuitton while still married to Rosie. His credit card bills are considered community debt and will have an impact on the value of the community estate. When dividing up their assets and debts, John could take the Louis Vuitton and the debt. However, creditors don’t really care about divorce settlements and may come after Rosie for payment if John defaults.

Is a house purchased by one spouse before marriage considered community property?

When spouses buy a house together using community funds, the house is community property. A house purchased by one spouse before the marriage is the separate property of that spouse.

However, the issue can become complicated if community funds were used for the mortgage or other house-related expenses. Also, the spouse may be found to have an interest in the home if the couple was married for a long period of time.

Call to learn more about community property.

It’s not always easy to understand which assets are considered community property and which ones are not. An experienced California divorce attorney can help you understand how much financial information needs to be disclosed.

California Divorce, Domestic Violence

Dealing with Harassment During Divorce

March 27, 2018 Judy L. Burger Leave a comment

Harassment can take many forms. During an emotional time, such as a divorce, power struggles and frustration can lead to disturbing behavior from your spouse. Though it may seem like just one more hurdle to overcome, there are ways of dealing with harassment during your divorce.

What Behavior Rises to the Level of Harassment?

California Code of Civil Procedure 527.6 defines harassment as “unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person …”

That may sound vague, but the Code also defines “course of conduct” by listing the following behaviors:

Following or stalking an individual
Making harassing telephone calls to an individual
Sending harassing correspondence to an individual by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email.

If someone is threatening you, make sure you are in a safe place. Then, seek court intervention.

What Kind of Order Might Help?

A restraining order is often used to curb such harassing behavior. There are four types of restraining orders:

Domestic violence;
Civil harassment;
Elder abuse; and
Workplace violence.

Also, protective orders may be temporary (usually for 20-25 days), permanent (lasting for up to 5 years), or criminal (if the harasser is charged with a crime, for 3 years after the case is over).

When harassment is done by a spouse, ex-spouse, registered domestic partner, someone you formerly dated or lived with as more than roommates, or a close relative, you may ask for a domestic violence restraining order.

However, when harassment does not meet the criteria for domestic violence, a civil harassment restraining order can be used to stop the abuse.

What Can a Restraining Order Do?

First, it’s important to understand the people involved in the restraining order, also called a protective order. The person asking for the order is the “protected person.” Often, other people are included as protected persons, including family members or others living with a protected person. The person who is accused of harassment is the “restrained person.”

A protective order may seek to stop specific behaviors, like stalking, hitting, or destroying personal property. In addition, some orders require the restrained person to stay a certain distance away from the protected persons. For example, a spouse may be told to stop emailing their spouse during a divorce and to stay at least 100 yards away from the children’s school.

When a restrained person violates a protective order, consequences include paying a fine, going to jail, or both.

Take Care of You.

If you are being harassed, abused, or threatened, help is available:

Ask trusted friends and family members to help.
Contact your local domestic violence shelter.
Call the National Domestic Violence Hotline (1-800-799-7233).
Call 911 if you or a loved one is in immediate danger.

You Don’t Have to Do This Alone.

Divorces are hard on everyone involved. 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 Cost, including San Francisco, Gold River, Santa Barbara, Ventura/Oxnard, and surrounding communities.

California Divorce, Marriage, Spousal Support

The Effect of Long-Term Marriage on Divorce Settlements

March 20, 2018 Judy L. Burger Leave a comment

Jack and Diane’s marriage lasted much longer than the average marriage. But after 32 years, they decided to call it quits. They knew their adult children would be fine, but really had no idea how their long-term marriage would affect their divorce settlement.

Divorce Settlements, in General.

The parties to a divorce agree on a divorce settlement, or the court irons out the details for them. Typically, such settlements include custody and visitation agreements, child support, division of assets and debts, and spousal support.

For issues involving children, courts look for an arrangement that best suits the children’s needs.

When it comes to assets and debts, California is a community property state. This means that a couple’s debts and property are generally considered to be owned 50-50, although there are exceptions.

Spousal support is based on factors like:

The standard of living established during the marriage.
Whether the supported party contributed to supporting party’s career.
The supporting spouse’s ability to pay.
Each spouse’s needs.
Each spouse’s assets and obligations.
The duration of marriage.
Whether supported spouse can work without harming children.

This is not the complete list contained in the California Family Code 4320. However, in this blog, we are looking at how people married for over 10 years fare in a divorce. The length of the marriage is only one factor in negotiating a settlement.

So, What’s Different About Long-Term Marriages?

Marriages that last less than 10 years are generally thought of a short-term when it comes to calculating spousal support. When one spouse needs support from the other, courts often give the needy spouse alimony for one half the duration of the marriage. Importantly, the court orders a time period wherein the court can make further decisions related to alimony. For example, for a marriage of 8 years, the supported spouse might receive alimony for 4 years, but the court retains jurisdiction for only 2.

A supported spouse leaving a long-term marriage may receive support for half the duration of the marriage. Courts tend to be more flexible in longer-lasting marriages. As for jurisdiction, the court can make decisions about alimony for this divorce indefinitely. If the supported spouse becomes ill while receiving support, the court could order additional support after taking all factors into consideration.

Years Can Make a Difference.

If you’re facing divorce, how long you remained married influences your divorce settlement. However, courts are not required to abide by a 10-year rule. It’s just a very common measurement. It’s best to speak with an attorney to make sure you receive everything to which you are entitled.

California Divorce

What is a QDRO?

November 6, 2017 Judy L. Burger Leave a comment

Divorce proceedings are stressful and emotional for everyone involved. In the midst of chaos, it can be difficult to put together a comprehensive list of assets. One of the largest assets in a marriage that is often overlooked is a retirement plan. While retirement may be years down the road for many couples seeking a divorce, the division of that retirement plan must be addressed and approved during the proceedings. Failing to address the issue can lead to additional cost and a great deal of uncertainty down the road.
Retirement plan distributions ordered in divorce proceedings are governed by a document called a Qualified Domestic Relations Order (or “QDRO”). A QDRO is a court order or judgment for a retirement plan to pay benefits to the dependent of a participant.
A QDRO is different from a “Domestic Relations Order” from the court as it must be “qualified.” To be “qualified” means that the order must be approved by the retirement plan in order to be valid. During divorce proceedings, the QDRO is sent to the retirement plan for approval.

Why is a QDRO Important?
Obtaining a QDRO is an important consideration in divorce proceedings as it governs the division of a large martial asset and is the only way to receive a pay-out benefit from a retirement fund. A retirement benefit could be granted by a judge and listed in the divorce decree, but a party is not entitled to a pay out of any benefits from a retirement fund unless a QDRO was sought and issued. The retirement plan then uses the QDRO as the legal basis for making pay-outs to the beneficiaries listed in the Order.

Requirements for a QDRO
There are thousands of retirement plans in the U.S., each with specific requirements as to what information must be included in a QDRO. The IRS requires that a QDRO contain the following information:
• the participant and each alternate payee’s name and last known mailing address; and
• the amount or percentage of the participant’s benefits to be paid to each alternate payee.
While this is a bare minimum, it is also a good idea to include the name of each plan governed by the Order as well as the total time period or number of payments to which the Order applies.
Keep in mind that every retirement plan will have different requirements and may want additional information added to the QDRO. This is why it is important to submit the Order to the retirement plan as soon as possible during divorce proceedings and to make any revisions necessary to obtain approval prior to finalization of the divorce.

If a QDRO is not set up correctly, it may not be enforceable after a divorce. This is where a California divorce attorney with experience in obtaining QDROs is invaluable. The attorneys at the Law Offices of Judy L. Burger are highly knowledgeable and experienced with negotiating and obtaining QDROs. Call (415) 293-8314 to find out how we can help.

California Divorce

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

July 3, 2017 Judy L. Burger Leave a comment

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.

Uncategorized

Help! Can I Still Get a Divorce if My Spouse Doesn’t Respond.

June 26, 2017 Judy L. Burger Leave a comment

Sometimes only one person in a marriage wants a divorce. The other spouse may threaten to put up roadblocks such as not answering the petition for divorce. Can your spouse really prevent the divorce by failing to respond? Fear not. Your spouse’s lack of participation in the proceedings will not prevent you from getting a divorce.

In California, you begin the process to end your marriage by filing in superior court a petition for divorce (form FL-100) and a summons (form FL-110), along with other documents. After you have filed these documents, you must have a copy of each served on your spouse. This is called service of process, and it is done by having someone personally deliver the documents to a spouse living in California or by mailing the documents certified mail to a spouse residing out-of-state. The person or service that delivered, or served, the documents on your spouse files proof of service in the court.

The summons informs your spouse that he or she has 30 days to respond to the petition for divorce. The 30-day time period begins to run on the day your spouse is served with the petition and summons. Your spouse can respond by agreeing to the requests in your petition or by opposing your requests. But how do you move forward with the divorce if your spouse does not respond at all?

Although your spouse has 30 days to respond to the petition for divorce, you are not automatically divorced once that time period has passed without a response. The earliest your divorce could be final is six months from the date the petition for divorce was served, but you may still move your case forward during the six-month waiting period. After the 30-day response period has run, and if you and your spouse do not have a written agreement, you may ask the court to enter a default judgment called a “true default.”

To obtain a true default judgment, you need to file the original and two copies of the following forms:

a Request to Enter Default (Form FL-165);
a Declaration for Default or Uncontested Dissolution or Legal Separation (Form FL-170);
a Judgment (Form FL-180); and
a Notice of Entry of Judgment (Form FL-190).

Additional forms may be required as well, such as the additional forms required if you are asking for custody, child support, spousal support, or partner support. Each county may require its own forms also.

Once you have filed these forms, the clerk of court will mail a copy to you and to your spouse. If your spouse does not oppose default or respond to the court in any way, the court will enter a default judgment. In the case of a true default, the court will grant the requests in your petition, but the court does not grant the divorce until at least six months have passed since you served your petition for divorce.

At a later date, your spouse may try to oppose the entry of default judgment by arguing surprise, mistake, or excusable neglect. In such a case, you may be required to appear in court for a hearing. After hearing arguments on both sides, the court will either grant default judgment or deny the same, but at least your case is proceeding.

Obtaining a “true default” defeats an opposing spouse’s attempt to stop or slow down the divorce, but it also has some downsides. In a case with a true default, you must also file a property declaration, which is a public record, and the court must divide property equally between the parties.

If your spouse is attempting to thwart your divorce by not responding to the summons, consult a qualified family law options to discuss your best options. The attorneys at the Law Offices of Judy L. Burger are experienced in difficult divorce proceedings and what it takes to sort out complexities when your spouse fails to respond. Call today to see how we can help you: (415) 293-8314.

Child Support

How Is Temporary Child Support Calculated?

June 19, 2017 Judy L. Burger Leave a comment

Both parents have a duty to support their minor children. If you and your co-parent have started living separately, you may want or need child support in order to provide for your children. You may ask the court for a temporary child support order in a pending divorce, paternity, or domestic violence case with your co-parent.

A child support order requires one parent to pay to the other parent an amount for the support of the children. To obtain a temporary child support order you must have a pending family court case, but you don’t have to wait until all issues are resolved for the court to order temporary child support. The temporary child support order is a child support order in effect until the court enters a final order resolving all current matters in the case. You may ask for a temporary child support order at the beginning of your case, such as when you file the petition for divorce or your request for a domestic violence restraining order, or you may request temporary child support at a later point while the case is pending.

Under California law, a formula is used to calculate the child support guideline. The child support guideline is the minimum amount of child support recommended by law. Parents wishing to deviate from the child support guideline must state a valid reason for doing so.

In California, the “top priority” in setting child support is the “interests of children.” In fact, under California law, a parent’s “first and principal obligation” is to support his or her children. The guiding principles that California courts must use when determining child support include not only income but also parenting time-share and responsibility, the parents’ standards of living, and the children’s financial needs.

The child support guideline is calculated under California Family Code § 4055. California Family Code § 4055 sets out a mathematical formula that considers each parent’s net disposable income and the amount of visitation with the children. Net disposable income is figured by subtracting from gross income items such as federal and state income taxes, mandatory union dues, and health insurance premiums among others. The court then applies an additional factor to the child support guideline depending on the number of children.

In addition to the child support guideline, the court may also order payment of add-ons. California Family Code § 4062 lists two types of add-ons: mandatory and discretionary. Mandatory add-ons include reasonable uninsured medical, dental, and visions expenses of the children and the childcare costs incurred in order for a parent to work or obtain work-related training or education. Discretionary add-ons include items such as expenses for a child’s private school or special needs or travel expenses for visitation with the other parent.

Online calculators are available for calculating temporary child support, but using the calculator requires an understanding of tax data, such as alternative minimum tax adjustments, and California Family Code provisions, such as whether you qualify for the low-income adjustment or factoring in costs for “hardship children.” Calculating temporary child support is complex. To best serve your needs and the interests of the children for whom you are seeking a temporary support order, contact an attorney experienced in family law.

If you are facing a divorce proceeding, especially one that involves temporary child support, you should consult with an experienced California lawyer. The attorneys at the Law Offices of Judy L. Burger are well-versed in difficult divorce proceedings. Call today to see how we can help you: (415) 293-8314.