When Should I Seek Sole Custody of My Child?
California Divorce, Child Custody, Domestic Violence, Restraining Order, Termination of Parental Rights

When Should I Seek Sole Custody of My Child?

Child custody can be one of the most challenging aspects for parents going through a divorce or separation. While many families successfully establish joint custody arrangements that work well, there are circumstances where seeking sole custody may be in the child’s best interest. Understanding the implications of sole custody and knowing when to pursue this option is crucial for any parent facing custody issues.

The Law Offices of Judy L. Burger can assist you through the process of petitioning the court for sole custody and advise you when this is a wise course of action.

What Is Sole Custody?

Sole custody refers to a legal arrangement where one parent holds full authority over decision-making regarding the child’s upbringing and is primarily responsible for the child’s physical care. There are two types of sole custody:

  1. Sole legal custody: one parent has the exclusive right to make major decisions about the child, including education, healthcare, and religious upbringing.
  2. Sole physical custody: the child lives primarily with one parent, and the other parent may have visitation rights.

When to Seek Sole Custody

While every custody situation is unique, there are several circumstances where pursuing sole custody may be necessary to ensure the child’s well-being and stability:

  • Abuse or Neglect: If there is evidence that the other parent has abused or neglected the child, seeking sole custody may be essential. The safety and emotional well-being of the child should always be the top priority. Documentation of any incidents or patterns of behavior can strengthen your case.
  • Substance Abuse: A parent’s struggle with substance abuse can significantly impact their ability to care for a child. If the other parent is involved in drug or alcohol abuse that endangers the child, it may be appropriate to seek sole custody to protect the child from potentially harmful situations.
  • Mental Health Issues: If the other parent suffers from mental health issues that impair their judgment or ability to care for the child, you may need to pursue sole custody. It’s essential to show that these issues could affect the child’s safety or well-being.
  • Parental Alienation: If one parent is deliberately trying to undermine the child’s relationship with the other parent, it may create a toxic environment for the child. Sole custody might be necessary to protect the child’s emotional development and foster a healthier relationship.
  • Unstable Living Conditions: If the other parent’s living situation is unstable—such as frequent moves, unsafe conditions, or involvement with questionable individuals—this can be a valid reason to seek sole custody. Stability in a child’s living environment is crucial for their development and well-being.

How Judy L. Burger Can Help

Judy L. Burger, a Certified Family Law Specialist in California, understands the intricacies of custody disputes and can guide you through the process of seeking sole custody. Here’s how Judy can assist you:

  1. Legal Expertise: Judy possesses extensive knowledge of California family law, enabling her to provide tailored legal advice based on your unique circumstances. She can help you determine whether pursuing sole custody is the best option in your case.
  2. Preparing Your Case: Judy will work with you to gather evidence and documentation that supports your petition for sole custody. This may include gathering witness statements, medical records, and any police reports related to abuse or neglect.
  3. Navigating Court Procedures: The legal process for petitioning the court can be complicated. Judy will guide you step-by-step, ensuring that all required documentation is submitted correctly and on time, and representing you during court hearings.
  4. Mediation Services: In some cases, mediation may be a viable option to resolve custody disputes amicably. Judy has strong mediation skills and can facilitate discussions with your co-parent to reach a fair agreement outside of court.
  5. Advocating for Your Child’s Best Interests: Judy’s primary focus is on the welfare of your child. She will advocate in court to demonstrate how sole custody will provide the best environment for your child’s physical and emotional needs.

FAQs About Sole Custody

Can I get sole custody if my ex is agreeable to joint custody?

While agreeing to joint custody is a factor, the court will ultimately decide based on the child’s best interests. If you have concerns about your ex’s parenting abilities or behaviors, it is essential to present evidence to support your request for sole custody.

How does the court determine who gets custody?

The court considers various factors, including the child’s age, health, emotional ties between the child and both parents, each parent’s ability to care for the child, and stability in the child’s life.

Do I need an attorney to seek sole custody?

While it’s technically possible to represent yourself, having an experienced family law attorney like Judy L. Burger is highly recommended. They can navigate the legal complexities and maximize your chances for a favorable outcome.

What if I’m denied sole custody? Can I appeal?

Yes, if the court denies your request for sole custody, you may have the option to appeal the decision. Consult with your attorney for specific advice and guidance on how to proceed.

How can I prepare for a custody hearing?

Preparation is key. Gather documentation to support your case, including evidence of your parenting situation, any issues with the other parent, and witness statements. Judy can help you prepare and understand what to expect during the proceedings.

Preparing for Sole Custody in California

Seeking sole custody can be a daunting and emotional process. However, in situations where a child’s safety or well-being is at risk, it can be the necessary step to ensure a stable environment. If you believe that pursuing sole custody is in your child’s best interest, reach out to Judy L. Burger. With her skill and experience in family law, she will work with you to navigate the complexities of custody arrangements and advocate for the best possible outcome for you and your child. Remember, you are not alone—support is available to help you through this challenging journey.

How Does the Duration of My Marriage Affect Property Division?
California Divorce, Marriage, Property Division

How Does the Duration of My Marriage Affect Property Division?

A property division in a divorce is anything but simple, especially in California, where the laws surrounding marital assets are nuanced and multifaceted. At The Law Offices of Judy L. Burger, our commitment is to help our clients better understand these laws and provide expert legal guidance throughout the process.

One crucial factor influencing property division is the duration of the marriage itself. Let’s explore how the length of a marriage impacts property division under California law.

California’s Community Property Law

California is one of the few states that adheres to community property law in divorce proceedings. This means that any property acquired during the marriage is generally considered community property and is subject to equal division upon divorce. However, the duration of the marriage plays a significant role in determining how property is divided, especially when it comes to determining what constitutes community property and whether any special considerations apply.

Short-Term vs. Long-Term Marriages

The duration of your marriage can significantly impact property division in a divorce:

Short-Term Marriages

In California, a marriage lasting less than 10 years is typically classified as a short-term marriage. In these cases, the division of property may be more straightforward, as both parties are likely to leave the marriage with assets that align more with their individual contributions. However, even in short-term marriages, it’s essential to document which properties are considered community property and which are separate property, as issues can still arise, particularly with items like retirement accounts or properties purchased during the marriage.

Long-Term Marriages

Marriages that last longer than 10 years are typically considered long-term marriages under California law. In these cases, special considerations may apply, such as spousal support. Additionally, the law may interpret community property differently based on the longer duration. Courts may consider the contributions of each spouse, whether economic or non-economic (such as caregiving), to be equally significant due to the extended nature of the partnership. This can sometimes lead to a more nuanced discussion and division of property, especially substantial assets acquired later in the marriage.

Determining Property Division

When dividing property, several factors are considered, including:

  • Date of Marriage and Date of Separation: The date of marriage significantly impacts which assets are classified as community property. Anything acquired before the marriage is generally considered separate property, while assets acquired after the couple’s separation are typically viewed as separate property.
  • Contributions to the Marriage: Long-term marriages may lead to a greater pooling of resources, and the courts may evaluate each spouse’s contributions more critically, factoring in sacrifices made, such as one spouse staying home to raise children.
  • Economic and Non-Economic Factors: Long-term marriages may present arguments regarding the contributions made while maintaining the household. Courts may recognize that homemaking, child-rearing, and other non-economic contributions are valuable to the overall stability of the family unit.

The Role of Judy L. Burger

Judy L. Burger is a Certified California Family Law Specialist with extensive experience in navigating property divisions during divorce proceedings. Her expertise can provide invaluable support and guidance to help you understand your rights and ensure a fair division of assets. Whether your marriage was short-term or long-term, Judy approaches each case with personalized attention, taking time to understand your unique circumstances. She can help distinguish between community property and separate property, negotiate on your behalf, and advocate for your best interests throughout the entire process.

FAQs About Property Division in California

What is community property in California?

Community property consists of all assets acquired during the marriage, excluding inheritances and gifts received by one spouse. It is generally subject to equal division upon divorce.

How does the length of the marriage affect spousal support?

In California, longer marriages often result in more substantial spousal support awards, as courts frequently consider the economic dependency that has developed over time.

Can property acquired before marriage be divided?

Property owned before the marriage is typically considered separate property and should not be divided in a divorce. However, if significant improvements were made to this property during the marriage, it could complicate matters.

How are debts handled in property division?

Debts acquired during the marriage are considered community debts and will also be divided equally between spouses. However, debts incurred prior to the marriage typically remain with the individual who took them on.

What happens if one spouse wants to keep the family home?

In many cases, one spouse may wish to retain the family home, especially for the children’s sake. Negotiations can be made for one party to buy out the other’s interest in the home or agree on a timeline for selling it, thereby dividing assets fairly.

CA Property Divisions for Short-Term and Long-Term Marriages

Understanding how the duration of your marriage affects property division is crucial when preparing for a divorce. The complexities surrounding community property law in California necessitate the expertise of a knowledgeable family law attorney. Judy L. Burger is here to help you navigate these challenges with confidence. With her guidance, you can ensure that your rights are protected and your interests are represented during this pivotal time.

If you have questions or concerns about property division related to your specific circumstances, don’t hesitate to reach out to the Law Offices of Judy L. Burger today.

Handling Summer Vacation Custody Disputes
Child Custody

Handling Summer Vacation Custody Disputes

Summertime can bring a unique set of challenges for divorced or separated parents, particularly when it comes to child custody arrangements. If you are navigating this landscape of summer vacation custody disputes, you are not alone. CA Certified Family Law Specialist Judy L. Burger takes a closer look at the common problems that arise, how to manage them effectively, and how we can assist you in finding a resolution.

Child Custody and Summer Vacations

Child custody arrangements following a divorce are inherently complex. Parents are often trying to balance their new lives while ensuring that their children’s needs remain a priority. While many custody arrangements work well during the school year, the onset of summer can raise various issues.

Many divorced couples face the challenge of reconciling their different ideas about vacation plans, travel schedules, and how time with the children will be divided. This can lead to disputes over when and where a child will spend their summer vacation, especially if one parent wishes to take a trip while the other has concerns or different plans.

Common Problems During Summer Vacation

Here are some of the most common problems that can arise:

  • Travel Schedules: If one parent has plans for extensive travel or vacation time that falls during the other parent’s scheduled visitation, tensions can escalate.
  • Lack of Flexibility: Summer can often mean more spontaneous plans, which may clash with the structured custodial times established during the school year.
  • Different Parenting Styles: Sometimes, parents may not agree on how to spend vacation time. For example, suppose one parent intends to take the children on a rigorous outdoor adventure while the other supports a more relaxed beach vacation. In that case, conflicts may arise from these differing perspectives.
  • Communication Breakdowns: Summer vacations often see families trying to juggle multiple schedules—from camps to trips to family gatherings—which can lead to misunderstandings about custody times.
  • Emotional Factors: Emotions can run high during summer vacation. Children may feel torn between their parents when deciding who they want to spend time with during their break—particularly if memories of family vacations from before the divorce are still fresh. This emotional complexity can lead to conflict when parents are unable to see the bigger picture for their children’s well-being.

Tips for Handling Summer Vacation Custody Disputes

Judy L. Burger is an experienced Child Custody Lawyer who has helped numerous families work out fair and equitable solutions in custody disputes, even over family vacations. Here are some of her best tips:

  1. Begin Early Communication: Start discussing summer plans well in advance. The sooner you can share your plans with your co-parent, the better. Setting a date for a “summer planning meeting” can keep everyone on the same page.
  2. Create a Clear Custody Schedule: If you haven’t already, draft a detailed summer custody schedule. Include the dates of vacations, any commitments the children have (like camps), and dedicated time for each parent.
  3. Stay Open and Flexible: Approach conversations with an open mind. Be willing to compromise and understand that your co-parent may have valid perspectives. Flexibility can help you find a middle ground that works for both sides.
  4. Focus on the Children: When disagreements arise, always keep the children’s needs at the forefront of your discussions. They thrive in a stable and loving environment, and by prioritizing their happiness and comfort, parents are often able to navigate conflict more amicably.
  5. Seek Professional Help: If issues seem irresolvable, consider the mediation services of an experienced family law attorney like Judy Burger. Good legal advice can help diffuse tensions and provide solutions that benefit both the parents and the children.

The Role of Judy L. Burger in Resolving Custody Disputes

Judy L. Burger is a Certified California Family Law Specialist with extensive experience in navigating the complexities of custody disputes. Her expertise in California family law can be invaluable when parents reach an impasse. She can provide legal advice tailored to the specific circumstances of each case, helping parents navigate the legal landscape with confidence. Plus, her mediation skills can facilitate constructive conversations, enabling parents to reach fair agreements that prioritize their children’s best interests.

FAQs About Custody Disputes

What should I do if my ex-partner refuses to discuss vacation plans?

Initiate a calm conversation and express your intent to create a beneficial plan for your children. If discussions remain unproductive, consider involving a mediator or legal professional.

Can I take my child on vacation if it goes against the custody agreement?

It’s essential to review your custody agreement and consult your attorney before making any plans. Violating a custody order could result in legal repercussions.

How can I modify our custody agreement for the summer?

Modifying a custody agreement typically requires the mutual consent of both parties. Speak with your co-parent to propose changes and consult Judy Burger if an agreement cannot be reached.

Can my child decide which parent they want to spend their summer with?

Depending on the child’s age and maturity level, their preferences may be taken into consideration, but ultimately, the custody arrangement will be based on legal agreements.

What happens if I need to change my summer schedule last minute?

Communicate changes as early as possible with your co-parent. If the changes are significant, consulting with an attorney may help to ensure the situation is handled legally.

Get Help with Custody and Scheduling Disputes in California

Navigating summer vacation custody disputes can be challenging, but with clear communication, a focus on the children’s needs, and professional guidance from experts like Judy L. Burger, resolutions can be reached that benefit everyone involved. Remember, working towards an amicable solution not only fosters a better co-parenting relationship but also creates a more positive summer experience for your children.

Your Top 10 FAQs Answered About Family Law in California
California Divorce, Child Custody, Child Support, Domestic Violence, Property Division

Your Top 10 FAQs Answered About Family Law in California

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

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

Top 10 Family Law FAQs

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

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

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

2. How is child custody determined in California?

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

3. How is child support determined in California?

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

4. What is spousal support in California?

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

5. How is spousal support determined in California?

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

6. How is property divided in a California divorce?

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

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

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

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

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

9. What is mediation in a family law case?

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

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

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

Seasoned Family Law Representation in California

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

 

What Certified Family Law Specialist Means for You
California Divorce

What Certified Family Law Specialist Means for You

You’ve decided to file for divorce. Your next step? Hiring an attorney. As you look online or through attorney directories, you notice that some attorneys are “specialists” in areas of law like taxation, criminal law, and family law. It’s only natural to wonder what a certified family law specialist can do for you.

All attorneys practicing law in California are licensed and regulated by the State Bar of California. The Bar also encourages continued training for lawyers and provides a way for some lawyers to become certified in their area of practice. Attorneys may become certified specialists in several fields, including family law.

 That all sounds great for attorneys, but what does it mean for you?

Training

A certified family law specialist completes training in excess of what is expected of other attorneys. In addition, an attorney specialist has to pass a written test in their legal specialty.

When you hire a specialist, you hire someone who has the broad knowledge of law and the specific knowledge needed for your family law matter.

Experience

A certified family law specialist must practice law in their specialty for at least five years. During that time, at least 25 percent of their time must involve their field of specialty.

This means that the attorney you hire has more experience in family law than an attorney with a general practice. An attorney who specializes in family law understands California divorce laws and how they relate to your individual case.

Continuing Education

All attorneys must go through a certain amount of training every year. A certified family law specialist is held to higher standards when it comes to continued training.

This means the specialist you hire is more likely to have a deep understanding of recent changes to California divorce law.

Respected by Peers and Judges

To become a certified family law specialist, an attorney must be viewed favorably by their peers and by judges with whom they have worked.

The specialist you hire has demonstrated a dedication to family law to people who know the law. What better recommendation can there be?

Cares About Family Law

The rigorous application process required by the State Bar is rigorous. A certified family law specialist who goes through that process has demonstrated great interest and concern in family law matters.

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, Beverly Hills, and surrounding communities.
How is Child Custody Handled During Divorce Proceedings?
California Divorce, Child Custody

How is Child Custody Handled During Divorce Proceedings?

One of the first things that happens when a couple decides to split up is that they start living in separate places. That seems like the normal course of events. And one of the common issues you hear about when a divorce is finalized is child custody arrangements. But what about child custody during the period of separation? Sometimes, that period can last for a long time.

The number one consideration in child custody under California law is the “best interest of the child.” This is true whether a court must make a determination while a divorce is pending or when it is actually granted.

A separating couple has the right to decide how to manage child custody and rearing. Similarly, they have the right to come to terms on child custody that will endure even after a divorce is granted. The difference is that a court must order the arrangements when the divorce is finalized. Prior to that point, a court will not be involved in child custody arrangements unless asked to do so by either or both parties.

According to California law, when a petition for divorce is filed, it may be accompanied by a petition for a temporary custody order. A petition for custody may also be filed any time after the filing of the divorce petition. If both parties are in agreement as to the custody of the children, the court will usually enter an order granting the temporary custody—so long as their agreement is in the best interest of the child. If the parents do not agree, the court is empowered to grant a temporary custody order based only on the requesting party’s petition. Within 20 days, however, the court will hold a hearing to allow both parents to argue about the appropriateness of the order.

Granting an order of custody based only one party’s request (known as an ex parte order) may only be made when it has been shown that immediate harm to the child may occur or that the child will be removed from the state. In that regard, when granting an ex parte custody order, the court is also required to enter an order to restrain the parent gaining temporary custody from removing the child from the state during pendency of the custody issue.

The attorneys at the Law Offices of Judy L. Burger have extensive experience in family law matters, including temporary and permanent child custody orders. We can help you put your best foot forward in advocating for the best interest of your children. Contact us today to learn how our attorneys can help you in your case: (415) 293-8314.

Does California Recognize Common Law Marriages?
Marriage

Does California Recognize Common Law Marriages?

It seems like no one gets married anymore. We all have family members and friends who choose to live with their significant others rather than “tie the knot.” We have all also probably heard of common law marriage. Doesn’t that mean that people living together are actually tying the knot even though they may think otherwise? In California, perhaps surprisingly, that is not the case. The Golden State has not recognized common law marriage since 1895.

Marriage laws are governed by state laws. Common law marriage was a function of older times when states were either not yet states or had not yet formally codified marriage rules. Today, only 10 states and the District of Columbia recognize common law marriage.

While California law does not allow for common law marriage, it may recognize one that was effected in a state that does permit common law marriage. Such was the case in the matter of In re Marriage of Smylko. In this case, the Smylkos had been formally married in Alabama in 1941, but they divorced in 1953. In 1957, they moved back in together and again lived as husband and wife in such a way as constituted a common law marriage under Alabama law.

The couple moved to California in 1960, where they continued to live together. In 1976, Mr. Smylko moved to Hawaii and subsequently remarried. He continued to send money to his common law wife in California for another five years. When he stopped, his California wife filed an action to “determine the validity of her marriage.” The California court ruled that there was a valid marriage recognized in that state due to its having existed in the state of Alabama before the Smylkos moved to California.

This case, which was decided in 1986, does not mean that any common law marriage from another state will be found to constitute marriage in California. Each case is evaluated on its own particular facts as well as the laws of the state where the marriage occurred.

If you have established a relationship that is commensurate with marriage within the state of California, a claim of common law marriage will not survive. If, however, you came here from another state under circumstances that might fulfill the common law marriage requirements in that state, and you need for that marriage to be recognized for whatever reason, you might have a strong argument.

The attorneys at the Law Offices of Judy L. Burger have extensive experience in family law matters, including what constitutes a legal marriage. We can advise you about the many different issues that can come into play when a marriage is in question. Contact us today to learn how our attorneys can help you in your case: (415) 293-8314.

New Law in California Addresses Date of Separation
California Divorce, Legal Separation

New Law in California Addresses Date of Separation

When a marriage or domestic partnership fails, the parties are immediately confronted with a number of issues, not the least of which is how to separate physically. Typically, there is an initial intimate separation that then morphs into a physical separation.

Separating physically, however, is not that easy for many couples because of issues like finances and children. Couples advancing toward divorce sometimes choose to continue living under the same roof while they get their affairs in order before finally divorcing. Until recently, separated couples in California had to actually live in separate residences to have their post-separation finances considered as separate.

The rule had been handed down in 2015 by the California Supreme Court in a case called In re Marriage of Davis. In that case, the couple had been living in the marital home pending their divorce, although they were functioning as individuals. For example, their finances were handled separately, they travelled to children’s events separately, and they each did their own laundry. Notwithstanding their living separate lives, the Court ruled that an indispensible component of a married couple being separated under the eyes of the law was living in separate residences.

The legislature took umbrage with this ruling and passed Senate Bill 1255, which took effect January 1, 2017. This bill amended the California Family Code, specifying two grounds on which the date of marital separation could be established: 1) One spouse has expressed to the other spouse his or her intent to end the marriage; and 2) the conduct of that spouse is consistent with his or her intent to end the marriage. The bill also provided that courts “shall take into consideration all relevant evidence” to establish the date of separation.

The new law provides more flexibility to couples who decide to end their marriages. It is a much more sensible way of respecting the decisions that those couples make as they navigate such a significant upheaval in their lives.

A Way to Secure Payment of Future Child Support: Court-Ordered Asset Deposit
California Divorce, Child Support

A Way to Secure Payment of Future Child Support: Court-Ordered Asset Deposit

Divorced parents sometimes have a hard time collecting child support payments on a regular basis. The obligated spouse may or may not pay on time and may even go for extended periods of time without making the ordered payments. This can place a severe hardship on the spouse who shoulders the parenting responsibilities. Fortunately, California state law provides an option for that parent to force her ex-spouse to live up to his obligation.

The California Family Code provides that an obligated parent who is 60 days or more delinquent in child support payments may be required to place on deposit assets that will ensure timely payments. The assets are deposited with a court-designated entity and may ultimately be used to satisfy the amount in arrears. The obligated parent may also be required to pay fees and costs to the designated holder of the assets in connection with management or liquidation of the assets.

In making a request for an order requiring the deposit of assets, the requesting parent must declare under penalty of perjury that the obligated parent owes an amount equivalent to 60 days of payments. Once made, the court will provide notice to the obligated parent, as well as an opportunity to be heard. The court may also issue an immediate restraining order instructing the obligated parent not to dispose of any assets except through the normal course of business. The parent may also be required to document any extraordinary expenses after issuance of the notice.

To avoid an order to deposit assets or to prevent the liquidation of deposited assets, an obligated parent must prove that the non-payment of support was not willful and without good faith. He must also show that he did not have the ability to pay. He may also defend against an order by showing one of the following circumstances:

  • a change in child custody;
  • a motion pending for reduction of child support based on reduction of income;
  • illness or disability;
  • unemployment;
  • a serious adverse impact on members of his immediate family who reside with him that would outweigh the harm to the custodial parent and children; and
  • a serious impairment of the obligated parent’s ability to earn income.

The amount of assets required for deposit must be the equivalent of one year’s worth of child support payments or $6,000, whichever is less. If the obligated parent continues to be in arrears and fails to make a reasonable effort to catch up within a court specified time-frame, the designated holder of the assets on deposit may use the assets to pay the amount in arrears. This may involve the use of cash or the sale of assets such as personal property.

In many cases, the threat of filing a request for court-ordered asset deposit is enough to bring a delinquent ex-spouse around. Hopefully, that is most often the case. If you need assistance collecting child support payments, contact the attorneys at the Law Offices of Judy L. Burger. We have extensive experience in family law matters and can help you determine whether court-ordered asset deposit is the right approach. Contact us today to learn how our attorneys can help you in your case: (415) 293-8314.

Can I Be Held Liable for Debts My Spouse Incurred if I Didn't Know about Them?
California Divorce, Debt

Can I Be Held Liable for Debts My Spouse Incurred if I Didn’t Know about Them?

Spouses sometimes come into a marriage with debt and also separately incur debt during the course of the marriage. Sometimes these liabilities are known by the non-incurring spouse, and sometimes they are not. The basic rule in California is that both parties are liable for any marital debt accumulated during the marriage but before separation. This is true whether or not one of the parties even knew it was incurred.

Debts owed by a party prior to marriage, known or not to the spouse, are not the debt of the non-incurring spouse. At the time of a divorce, community property—property accumulated during the marriage—is used to satisfy community debt. If there is not sufficient community property to satisfy the debt, then both parties are assigned a portion of the debt to be paid from their own funds post-divorce.

Couples can sign pre-nuptial or post-nuptial agreements that allow debts incurred during marriage to be treated as separate debts under certain circumstances. For example, they might agree that a debt incurred unilaterally, with only the incurring party’s income and liabilities qualifying for the debt, is the separate debt of that party. Such agreements must be drafted carefully to ensure they are legally defensible if that becomes necessary.

Debt incurred by a spouse after separation but before divorce is that spouse’s debt, and the other spouse is not liable from her separate funds or her share of community property. There is but one exception to this rule: when the debt is incurred to provide the “necessaries of life” for the debt-incurring spouse and the separation is not by formal agreement.

If you need assistance in a family law proceeding, you should consult with an experienced California lawyer, especially if there are significant questions of debt and property ownership. The attorneys at the Law Offices of Judy L. Burger will provide authoritative legal support tailored to your specific situation. Make the call today to learn how our attorneys can help: (415) 293-8314.