Category: Child Support

Divorce Law LA blog posts about child support.

Ford Ad Takes on Divorce

Post author By Scott
Post date February 29, 2016

Most advertising companies tend to stay away from the topic of divorce. It can feel uncomfortable, and sad. But Ford Denmark’s latest commercials don’t beat around the bush when it comes to the topic.

Ford Ad Takes on Divorce

While divorce is a sad experience for everyone, it is something that many people go through within the course of their lives. Ford Denmark addresses the topic of divorce directly in a recently released three-part short film, created by creative agency Very.

While it might seem dark for a car ad, it’s effective in that it drives home the idea that life happens so much in our cars, which is why it’s important to buy a good one.

The first ad in the three part series portrays a father and daughter having a snowball fight. The girl’s younger brother sits in the car, refusing to take place in the fight. What we later realize is that this is him taking a stances against his parents’ impending divorce.

In the second and third ads, the story proceeds with the disintegration of the family. Among the images, Ford cars are ever present.

“We started thinking about how prevalent the car is in a divorce. It is both a tool and a setting,” said Daniel Kragh-Jacobsen, director of the ads. “Ford’s demography really is the Danish middle class, who do have the highest divorce rate in the world. And so we pitched this film under the banner ‘Ford. Supporting families against the odds.’ “

“It was a main concern from the beginning, from everyone. But we had to try to submit our idea and see what happened,” he says. “As you can see, the film is split into three sections, and each section has one small story which centers the car. To me it was just perfect, dark or not dark. It was about real people, and yes, the story is centered around a product, but the product is simply a prop or a setting, just like in a fiction film.”

Kragh-Jacobsen hopes viewers are attracted to the new ads “because they see themselves in our story. They can relate, and it isn’t a glossy picture of the perfect family driving the perfect car. Whether this will influence them to buy their new vehicle, I’m not sure. I guess it is creating some attention around Ford, since they are trying something new. The most important thing for me is that our story resonates and is remembered.”

Divorce is Sensitive

Divorce is a sensitive topic for most. If they have not been through a divorce themselves, chances are they know someone that has been through a rough divorce, or may even have witnessed divorce first-hand by watching their parents divorce. When it comes down to it, everyone is at least familiar with divorce.

While divorce can be heart-breaking, it can also be an opportunity for reflection and analysis. Below are some tips for how to get through this rough time.

Perspective

Yup, it’s true, hindsight is 20/20. You have to walk through something, get a far way ahead of it, and only then can you look back and see just how important that process was. At that point you can see the beginning, the middle, and the end, and how that end is so clear and empty of emotional and clutter. Take this new clarity and run with it. That perspective can give you amazing information you need to change your own behaviors and to improve your future relationships.

Gratitude After Divorce

After you lose everything, you take nothing for granted. Divorce can be like losing everything: past memories, your present marriage, and future dreams. Let that be your determination to survive. But this is also a time to lean on friends and family that stepped up and stood by. They will lift you up, even when you can’t lift yourself. Be grateful for them, and try to show them that you are. If not now, then try to later.

Empathy
When you have felt pain, you honor and respect that pain in others. Divorce can make you more empathetic towards people facing any form of loss. You will move towards acceptance and forgiveness of your situation and your ex. And with this movement will come the ability to see things from other people’s viewpoints, making you a better friend, and a better person to be in a relationship with (down the line, when you are ready for one).

Divorce wipes away the ego that believes it’s shameful to ask for help. After you admonish this, you will be able to accept help for yourself, and then be able to offer help to others who are in need.

Responsibility
It’s easy to blame your ex, to place the responsibility for the divorce in his or her hands. We also might realize that all too often we have looked to them to provide happiness, or support for making decisions. This interdependency ends with divorce. It’s good to be interdependent, but divorce requires that you learn to be independent. You’re going to be steering this ship on your own. You’re going to have to be responsible for your own things now: happiness, support, etc. Let this empower you though, rather than make you feel lost or scared. You’re completely in control now. You can change. It’s your life now.

Humility

Divorce teaches us that no matter how much we want something to be true, we can’t force it into being. All those choice you made have consequences. And maybe now you are being forced to see them. Sure, you might have said “divorce will never happen to me,” but now it has. You’re going to have to admit that it can happen to anyone. Let this “slap” of reality force you to embrace acceptance while also redefining expectations. You’re not immune to anything.

Fortitude
Divorce can be a longer process with more setbacks than you had ever imagined before you took that first step. Just when you think that the worst is behind you, BAM! It hits you again. Two steps forward, one step back has never been more true. It takes grit to survive.

Awareness
Divorce can be a wake-up call. Often times people realize they were living in a kind of “auto-pilot” mode when they said their “I dos.” The clarity and awareness you have after saying your “I Un-dos” might provide you with a sense of awareness that wasn’t there before. A lot of people turn to meditation and yoga during divorce because it settles the mind to allow for awareness. This mindfulness and consciousness will be helpful moving forward in your new life.

Ingenuity

Divorce is also a way to test your abilities… all of them. Your negotiating skills, your financial skills, your balanced budgeting skills, co-parenting abilities. You are the only problem solver now. You will need to work out how to afford your rent on a portion of the budget you once had. You will also need to learn how to co-parent, potentially with an ex you hate (for now). But the more you are placed in these new positions, the better you will become at those tasks.

Figuring Out Marital Property

Divorce is scary to face. What can make the process even more overwhelming is determining what your financial situation will look like. In addition to child support and alimony, you will also need to determine how your property will be divided.

What State do you Live in?

State laws govern how the marital property will be divided. You will need to check with an attorney to see if you live in an equitable distribution state or a community property state.

What Counts as Property?

Property is anything that can be bought or sold, or anything that has a financial value. This includes: houses, cars, furniture, clothing, bank accounts, businesses, etc. Within that, there are two forms of property when it comes to a marriage: community property and separate property. Community property is anything earned or acquired during the course of the marriage. Separate property belongs to one spouse. States make their own determinations on what counts as separate property. A family law attorney would be able to help you determine what is “separate property” based on your state’s laws.

Other Considerations

There are four other steps that need to be considered when diving marital property:

Identify the assets owned by you and your spouse
Categorize all assets as marital or non-marital property
A value will need to be assigned to the assets
Devise a plan for the division of assets that is in accordance with state laws

No Fault Divorce Laws

Though most states separate the division of marital property from grounds for divorce due to no fault divorce laws, most states do consider any financial misconduct when it comes to dividing marital property. What this means is if you or your spouse has foolishly spent money then you or your spouse will most likely be penalized when it comes to dividing marital property.

Separate Join Financial Obligations

If you feel the division of marital assets might be a contentious point between you are your spouse, you might want to consider separating financial obligations prior to starting the divorce process. Marital property does not only mean furniture and household items, but also joint credit accounts. Each spouse should have access to a complete set of all financial documents. You’ll also want to close all joint credit card accounts. If you’re not able to fully separate the accounts, draft a formal written agreement outlining the activity on the remaining joint accounts. Freeze any investment assets – this will ensure neither spouse misuses funds until everything has been agreed upon. You might also want to consider changing the title on your home to read “tenants in common” until the final agreement regarding marital property has been decided upon.

In addition to figuring out marital property division, you’ll want to consult with professionals familiar with re-structuring finances after divorces.

A Family Law Attorney

When it comes to the actual legal process of a divorce, you’ll want to work with a skilled family law attorney There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case. For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Tags advertising and divorce, Divorce, divorce topic, Ford, Ford Denmark

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Jeremy Renner Will Pay $13K a Month in Child Support

Post author By Scott
Post date January 4, 2016

Actor Jeremy Renner will be paying $13,000 a month in child support to ex-wife Sonny Pacheco. The two divorced after just ten months of marriage.

Jeremy Renner Will Pay $13K a Month in Child Support

The Oscar-nominated actor and his soon-to-be ex-wife split up after just ten months of marriage, and share a daughter, 2-year-old, Ava Berlin Renner.

It appears that though the two signed a prenuptial agreement in which Pacheco had waived her right to seek spousal support, Pacheco was still seeking support payments. While Pacheco had been seeking primary physical custody of Ava and an increase in the monthly support payments she was receiving, Renner has always insisted on joint custody. Now, according to court documents, the two will share joint legal and physical custody and Renner will pay $13,000 a month in child support.

In addition to the new agreement on child custody and support, the settlement also stipulates that neither Renner nor Pacheco is allowed to “make derogatory or insulting remarks” about the other, any future significant others, or either of their families in front of Ava. They’re also restricted from “arguing, yelling or using profanity” directed at each other in front of the two-year-old.

Additionally, Renner has been asked to cover Ava’s health care costs in full, and has also been ordered to pay back child support of $21,035.

An Overall Look at Child Support

It’s a term that gets thrown around a lot, especially in divorce cases where children are involved, but it’s not always necessarily defined. Child support is a monthly payment that parents pay to help cover the costs associated with raising a child, such as education, health care, and after-school activity costs. Just as every child is different, the amount that needs to be paid is different, and will be based on the child’s needs, in addition to the ability of the parent to pay, in addition to some set legal guidelines.

Typically, the custodial parent – the parent who cares for the child most of the time – receives the child support payments. And the non-custodial parent – the parent that spends less parenting time – typically makes the payments. It is assumed that because the custodial parent is in legal charge most of the time, that they are already directly spending money on the child. A court is also able to order both parents to pay child support.

In cases where one parent makes more money than the other, such as in the Renner-Pacheco case, it makes sense that while the two share joint legal and physical custody, Renner will need to pay child support – his income is higher than Pacheco’s.

Usually, child support is paid until the child turns 18, though there are some exceptions. Exceptions include: the child marries, joins the military, or becomes self-supporting. Other times, the support may continue until the child turns 19 if the child is still in high school and lives with a parent. Support can also be extended past the age of 19 if parents agree, or if the child is unable to become self-supporting due to a disability.

Child Support Guidelines in California

While each case will be considered separately and individually, the payment amount a parent must pay is based on California’s child support guidelines.

The guidelines follow a mathematical formula and are based on a number of factors, which we will discuss. You can calculate a rough amount by using California’s Guidelines Child Support Calculator. A court presumes that the amount given by the California’s Guidelines Child Support Calculator is appropriate, but because there are so many additional factors that can weigh into a child support decision, that amount can be unfair. Because of this, it’s advised that you work with a family law attorney that can help you get a fair amount.

In cases with special circumstances, where parents have different time-sharing arrangements than the typical, child support decisions can be difficult to determine. Examples of these special circumstances include: when the parents have equal time-sharing, but one parent has a much lower or higher percentage of income; where the child has special medical needs. In cases like these, a court will need to weigh all these special factors.

Parents are also able to pay more, if it is agreed, and also agree for one spouse to pay less. Regardless of the decision, a court will need to approve the final amount. It’s important to note that a court will always take the child’s best interest into account. This factor will always play into the decision regarding the amount of support payments, so if a couple decides to pay less, then the parents will also need to be able to prove the child’s needs will be met. Paying less support is not an option for parents who have applied for or receive public assistance. Instead, a parent who receives public assistance may agree to support payments that are at or above the amount provided by the guidelines. Additionally, the local child support services agency must also agree to the lesser amount.

Calculating Child Support Payments

To calculate what a court will want you to pay in child support, you’ll first need both parents’ net disposable income. This is the difference between gross income and what counts as deductions for child support purposes. You can either consult the California Guideline Child Support Calculator User Guide, or work with a family law attorney to determine what can be deducted.

Gross income is income from the following: salaries, commissions, unemployment, spousal support, and social security benefits. You might even need to include lottery winnings, depending on the amount. You are able to exclude child and spousal support payments actually paid and money from public assistance programs.

After determining gross income, deduct state and federal income taxes, mandatory union dues, and health insurance premiums, among other things. You can either consult the California Guideline Child Support Calculator User Guide, or work with a family law attorney to determine what can be deducted.

You’ll also need to know the following:

number of children who need support
custody (time-share) arrangement
both parents’ tax liabilities
whether a parent is already supporting children from another relationship
child’s health insurance expenses
both parents’ mandatory retirement contributions and other job-related expenses, and
all other relevant costs (health care, day care, travel, etc)

Remember that a court will require either one or both parents to contribute to the child’s health care and child care. A court also has the discretion to require additional payment for the child’s education or special needs, as well as for a parent’s travel expenses for visiting the child.

Remember that after you have calculated your child support payment, that this is just an estimate until a court reviews it and approves it. A family law attorney is a great way to ease this process, as it can be overwhelming to calculate.

You Must Pay Child Support

Every parent that is ordered to pay child support, must do so. A parent that avoids paying by refusing to work or working less very rarely gets away with it. A court can “impute” income. This means that the court will look at factors like employment history, education, and training and come up with an amount of income that a parent should be earning.

Modifications to the Amount of Child Support

Even if a child support payment has been agreed to, it can be modified. This is usually only granted if there has been a significant change in financial or time-share circumstances.

Such circumstances include: job loss, increase in income, or a shift in how much parents are spending with the child. Other reasons include: when a parent has another child with a different partner or when a parent has an extended illness or goes to jail.

When a modification request is made, the court will consider both parents’ current financial situations and time-share. Sometimes when parent’s income has decreased, that parent’s child support payment goes up due to the time-share factor. Child support payments tend to increase when a parent’s percentage of time-share decreases. A court will need to recalculate time-share amounts in addition to the changes in income.

A Family Law Attorney

But when it comes to the actual legal process of a divorce and determining child support and payment, you’ll want to work with a skilled family law attorney. There are a number of things that a family law attorney will be able to advise you on, including: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case. For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Tags celebrity, Child Support, Jeremy Renner, Monthly Payments

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Divorce and Your Bank Account

Post author By Scott
Post date December 27, 2015

No one has ever said that divorce is a cheap process. For the most part, if you and your spouse are unable to come to a decision on things, divorce can be an expensive process with an expensive aftermath.

To Consider Before You Divorce

If you are unhappy and unable to continue your marriage, then divorce might be the best option for you. There are some financial considerations you will need to make. Here’s a little of what you can expect:

Living as a single person costs more. This can be increasingly true for couples that share children.
Your standard of living might drop because of increased living costs that are no longer being shared.

But there are ways to minimize the financial damage. You’ll want to review these steps if divorce is in your future.

Minimize Financial Pain During Divorce

Work with a Lawyer

Even if you have decided that you don’t want to work with an attorney, at least consult one so that you are aware of your rights and options. You need to protect yourself. Even the most amicable of divorces can get sticky when it comes to ironing out the legal ramifications and you’ll want to do the best you can when it comes to protecting yourself. Remember that bitterness can cause people to do things they wouldn’t normally. Most lawyers offer a free first consultation.

Look at Your Credit Reports

You are able to pull free credit reports three times a year. These reports show all of the credit accounts that exist in your name, in addition to those you share with others. You’ll want to look for new accounts opened in your name and any changes that are unexpected. Your credit score can be damaged by a spouse that fails to pay joint bills.

Close and Monitor Your Joint Accounts

A lot of times divorcing spouses will move money from joint accounts to individual accounts so that the other spouse is unable to recover the cash. A lot of times this leads to large amounts of debt on joint credit cards, for which the innocent spouse is also responsible for.

The Consumer Financial Protection Bureau says:

When you have a joint account, each account holder is responsible for the full amount of the balance. The card issuer can seek to collect the amount due from either account holder.

Because of this, it’s advised that you close or freeze your shared financial accounts, including credit cards, joint bank accounts, and lines of credit. You will then need to open lines of credit under your own name. You might consider moving to new institutions to avoid confusion. If your spouse is resistant to this, try to do it on your own by consulting the account rules in the contract you signed when opening the account. You can also ask your bank to help.

Remember to also remove your spouse’s name as an authorized user from your personal accounts.

If you must retain a shared account because of costs related to children, try to limit it to one. Make sure to monitor the activity on the car by requesting balances and records of the most recent transactions. You can do this from an ATM, bank branch, or online.

Document Your Money — All of It

Try to locate every single marital financial resource, including:

All accounts and assets held jointly and individually. Record the balance, date, account number, authorized users, and contact information for each bank or creditor.
Incomes, property, retirement plans and all other assets owned jointly and individually. This should include vehicles, homes, jewelry, furniture, brokerage accounts, and insurance policies.

Make sure you keep everything in one place. Regardless of if you work with a lawyer or not, the court will need statements and documents pertaining to all accounts, assets, bills and debts. Organize everything in a file cabinet. Include:

401(k) statements
Insurance policies
Real estate purchases
Mortgages and refinances
House appraisals
Brokerage accounts
Money market accounts
Tax returns

Work with a Divorce Financial Analyst

You might consider working with a divorce financial analyst that can help with your settlement by:

Locating assets. This also includes hidden assets.
Ensuring information about family finances is accurate and complete.
Developing a long-term forecast of how your divorce will affect your finances when it comes to retirement needs, tax liabilities, and benefits.
Developing a realistic household budget so that you know where you stand in terms of life insurance, health insurance, and cost-of-living increases.
Appraising and/or valuing assets.
Preparing financial affidavits that describe your financial and tax implications when it comes to various divorce settlement options.
Mediating a financial agreement between you and your soon-to-be ex-spouse.

Get Your Name on the Deed

Regardless of if you are getting divorced or not, make sure your name is on titles and deeds of property you own together. This is important for all spouses, and can become an issue in cases of a spouse passing away.

This property is considered marital property in the state of California, and will need to be divided should you divorce your spouse.

When it comes to dividing assets during a divorce there are various concerns you will need to deal with when it comes to dividing the marital property.

What State do you Live in?

State laws govern how the marital property will be divided. You will need to do your research and check with an attorney to see if you live in an equitable distribution state or a community property state.

Other Considerations

There are four other steps that need to be considered when diving marital property:

Identify the assets owned by you and your spouse
Categorize all assets as marital or non-marital property
A value will need to be assigned to the assets
Devise a plan for the division of assets that is in accordance with state laws

No Fault Divorce Laws

Separate Join Financial Obligations

Change Beneficiaries & Rewrite Your Will

After your divorce you will need to change the beneficiary on your assets, including insurance or stocks, bank accounts or retirement accounts. You’ll also want to update your will too if it lists your spouse’s name.

Have a Financial Plan

You’ll need to know how to budget according to your new income amount. Putting this together before entering the divorce process will help you understand your needs following the divorce so you can come to a settlement that works.

Make sure you plan for college tuition, child care, children’s lessons, sports and activities, and your own retirement, taxes, transportation and housing.

Financial Future

Considering your financial situation after your divorce can feel daunting and overwhelming, but if you take the right steps, you can be sure to set yourself up for financial freedom. It might take some tweaks, but consider the fact that you are now completely in charge and able to make your own decisions regarding how your money will be spent. Embrace it, and embrace the freedom you now have.

A Family Law Attorney

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Tags bank accounts, Divorce, divorce agreement, divorce process, spouse

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The End of the Rutherford Custody Battle

Post author By Scott
Post date December 22, 2015

It seems like the end has been reached in Kelly Rutherford’s custody battle. Last week a judge ruled that the Gossip Girl actress would not receive custody of the two children she shares with ex-husband Daniel Giersch. She has also been further barred from bringing them to the United States.

The End of the Rutherford Custody Battle

The Rutherford-Giersch battle has long been a subject of tabloid fodder.

In December 2008, when Rutherford was only three months pregnant with Helena, she initiated the divorce proceedings, citing “irreconcilable differences.” As she has said in an interview with Vanity Fair, “I didn’t want any money from Daniel. I wanted us both to be great parents. I wasn’t asking for full custody.”

Instead the actress sought 50-50 legal custody, with her as the primary residential parent. But Giersch did not agree with that decision. Instead he sued for Giersch went further. He sued for sole legal and physical custody of Hermes and of the not-yet-born infant daughter, Helena.

In 2012, a judge decided Kelly Rutherford and Daniel Giersch share joint custody of their two children. The kids would live in Monaco and France with their father because his visa had been revoked. But now, three years later, it seems the custody battle is over, at least for now.

As a result of the latest hearing, full custody of Hermes, 9, and Helena, 6, has been granted to Rutherford’s ex-husband Daniel Giersch. And according to People magazine, Rutherford will only be able to visit her children if she goes to Monaco or France.

When asked how she feels about the judge’s decision, she answered, “I think like any parent would feel.”

Expected Ruling

But according to experts, the latest ruling was to be expected.

Last August, a Los Angeles court said it no longer had jurisdiction over the custody dispute. Then, New York courts declined jurisdiction.

In response and furstration Rutherford, who founded the Children’s Justice Campaign to help families with similar across-nation legal issues, refused to send her children back to Giersch after spending the summer in New York with their mother. She contended that, since California had dropped jurisdiction and New York had declined it, no American court would be able to force her to send her children back to her husband in Monaco.

“I have decided that I cannot lawfully send my children away from the United States to live in a foreign country,” she wrote in a statement. Manhattan Supreme Court Judge Ellen Frances Gesmer did not agree with the actress, and instead ordered her to return the children to their father. Judge Gesmer also said she did not “look kindly upon” Rutherford’s failure to comply with the previous court orders to return the children at the end of their summer vacation with her.

And according to legal experts, Rutherford’s failure to comply most likely lost this custody battle for her. Michael Stutman, head of the family family group at Mishcon de Reya New York believe’s “Kelly’s failure to deliver the children… likely bought them a one-way ticket to Monaco. Given Kelly’s initial failure to send the children back, showing up without them was probably the nail in her coffin.”

He went on to say that, “The actions of Ms. Rutherford leading up to this ruling make the decision to award custody to Mr. Giersch the furthest thing from a surprise.”

He added, “Any responsible lawyer would advise her to end this crusade for custody.”

Fighting for Custody

As Kelly Rutherford knows, the battle for custody of your children can be heartbreaking. If you are facing this kind of battle, you’ll want to know what types of custody are available, and what you will need to do to retain custody of your children.

There are different forms of child custody: legal custody, physical custody, sole custody, and joint custody.

Physical Custody

Physical custody means a parent has gained the legal right (typically through a court ruling) to have a child live with him or her. Usually if a parent has physical custody they also have sole custody of the child, which means the other parent has visitation rights.

Sole Custody

There are two forms of sole custody a parent can have: sole legal custody or sole physical custody. Courts seem to be moving away from awarding sole custody to one parent as more information is coming out about the importance of having both parents in a child’s life. In cases where a parent has been deemed unfit due to a history of neglect or abuse, a known dependency on drugs or alcohol, or a new parented that has been deemed unfit, a court will usually award sole physical custody to one parent. It’s advised that unless a parent has demonstrated the above issues, that you do not seek sole custody, due to the importance of having both parents in a child’s life.

While the trend is to award joint custody, in cases where courts do award sole physical custody the parents still usually share joint legal custody (which means both parents are able to make legal decisions regarding the child), unless a parents has been deemed unfit to make those legal decisions.

Legal Custody

Legal custody allows a parent to make decisions regarding various aspects of a child’s life, including: education, religion, and medical care or legal issues.

Joint Custody

Joint custody is abel to be awarded to the parents if they are divorced, separated, no longer living together, or if they never lived together but still shared a child. The awarding of joint custody to both parents means each parent is able to make decisions regarding the child. Joint custody also comes in various forms, including: joint legal custody, joint physical custody, or joint legal and physical custody. Usually if a couple shares joint physical custody they also share joint legal custody. But if a couple shares joint legal custody they do not always also share joint physical custody.

Learning How to Co-Parent

One of the hardest things that Kelly Rutherford and Daniel Giersch will need to eventually develop is a co-parenting relationship. This will be especially hard since they live on separate ends of the world, and even more difficult because of their already strained relationship.

“The biggest obstacles to successful co-parenting are emotions,” says Alisa Peskin-Shepherd, principal of Transitions Legal, a family law practice that specializes in mediative divorce. “Emotional obstacles are usually anger, resentment and jealousy. Often parents have a hard time separating those feelings toward their former spouse from their attempt to focus on their children.”

The idea of focusing on your children might seem obvious, but that can be really difficult when you receive that text from your ex that makes you want to throw your phone directly into their face. There are some tips that can help though! Here are some tips from parents who have actually found the magic combination to a successful (meaning they don’t completely resent each other) co-parenting situation.

Do YOU Need a ‘Timeout’?

If you are not able to give yourself a timeout, and find that you are still stewing about conversing with your ex, consult a “co-parenting coordinator,” attorney or counselor – with or without your ex-spouse. This objective third party can be a great sounding board for ironing out your co-parenting relationship.

“Our expectations that two people who didn’t get along when they are married will suddenly be able to co-parent without some help is not reasonable,” Peskin-Shepherd says.

According to Alison Willet, a Birmingham resident and psychologist who has worked with high-conflict divorce, it is crucial for ex-spouses to heal fully from the pain that stems from their divorce if they plan to find a way to co-parent effectively.”

Play to Your Ex’s Strengths (This Might Be Very Difficult)

By now you know what your ex is good and and what they’re not so good at. So play fair when it comes to your kids and your ex’s abilities.

“You probably know your ex-spouse better than anyone else,” says Chris Tucker, father of Finn, 9, and Simon, 7, and step-dad to Lucas, 6. “Play to those strengths – not in a manipulative way, but in a spirit of making the best use of one another’s talents.”

Cooperation Is Key

This can be the hardest part of a co-parenting relationship – cooperating.

According to mother Shaindle Braunstein-Cohen, “Effective co-parenting does not require friendship, but it does require cooperation.”

Get it in Writing

Peskin-Shepherd advises parents to put everything in writing. That means that all plans and agreements should be kindly communicated to the other parent. This should be part of your working situation. If it’s in writing, it is harder for one person to argue about the agreed arrangement. This should be done for even the smallest things if you know that there is potential for arguments later down the road. This is especially necessary for vacation time and scheduling, agreements regarding financial decisions, and paying for child’s needs. A majority of these things will be part of your child custody agreement, but anything that comes up out side of that should also be agreed to in writing.

Set High Intentions

Keely Henry dealt with an ugly divorce. She did not want it to affect her son, Sullivan, 8. “I knew I could not let this ugly experience lead our lives,” she says. “I was going to have to communicate with my ex over the course of our son’s life. The only thing to do was set the ideal on a higher notion, above emotional distress.”

Because of that, Henry and her ex decided to celebrate holidays and birthdays with Sully together, which means including Henry’s new life partner and her ex’s partner, the woman that her husband left her for. “We all collaborate on my son’s parenting, with his dad and I as the final sayers,” she says. “It really is simple. Set the goal for the higher, not the lower.”

Let Go of Wanting Control

Even thirteen years after their divorce, Jodi Rubin and her ex-husband disagree about the same things they did not agree about when they were married. But they’ve been able to reach a place of mutual respect that allows them to co-parent their three children, Jordan, 19, Paige, 15, and Ethan, 13.

“It’s not about you,” says Rubin. “Instead of worrying about each other, worry about the kids. It’s a parent’s job to turn their children into productive and emotionally healthy adults, and you can’t do that if you’re focused on each other.”

Silence your Support System

Your friends and family will want to defend you, but there’s nothing helpful about your mother sending your ex a nasty email. The support system should remain impartial, and if they’re not, you need to intervene.

Keep Your Ego in Check

It goes without saying that you’re going to doubt your parenting ability and fear that your children will want to be with the other parent. But you have to resist the urge.

“It’s easy to see your ex-spouse as a threat,” says Tucker. “Remind yourself that your ex is also your children’s parent and would also step in front of a bus for them. Trust that they also have your children’s best interests at heart.”

Working with a Child Custody Attorney

If you are facing a child custody dispute, you should contact a child custody attorney. Because there are a lot of rules surrounding child custody and there are a lot of aspects that factor into child custody decisions, working with a child custody attorney can help you through the process.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Tags custody, custody battle, Daniel Giersch, joint custody, Kelly Rutherford, legal custody, physical custody, sole custody

Child Custody Child Support Divorce Family Law

Sherri Shepherd’s Child Support Ruling

Post author By Scott
Post date November 30, 2015

A Pennsylvania court of appeals has ruled to uphold Sherri Shepherd’s child support ruling. The television personality and actress will be legally responsible for the son born to a surrogate that her and her ex-husband hired.

Sherri Shepherd’s Child Support Ruling

Last week a Pennsylvania appeals court ruled to uphold the surrogacy contract that Sherri Shepherd signed in 2014. Shepherd had made a motion to have the contract voided as well as have her name removed from the child’s birth certificate. But since a judge upheld the initial ruling, Shepherd will continue to pay $4,100 a month in child support to ex-husband Lamar Sally. Sally is a writer and substitute teacher who is raising the couple’s 1-year-old son in Los Angeles. The boy was born in August 2014.

“She doesn’t want to be part of his life. It’s all good,” said Sally following the ruling. “I’m going to be parent enough for the both of us.”

Shepherd and Sally Divorce

The couple’s divorce became especially contentious when Shepherd challenged the surrogacy contract partway through the pregnancy after deciding to split from her husband. Sally then publicly accused the comedienne of refusing to have anything to do with the baby.

“I don’t understand why Sherri can say I duped her into this or that she is not responsible for this child,” said Sally in an interview with The Daily Mail. “It’s mind-boggling to me.”

The couple had paid over $105,000 for a suburban Philadelphia surrogate to carry the child. The child was conceived through a procedure that combined Sally’s sperm and a donor egg. Both Sally and Shepherd attended the surrogate’s medical appointments until the couple decided to end their marriage during the second trimester.

Defrauded

Shepherd alleged that Sally defrauded her when they were in the process of entering the surrogate agreement. Reportedly, Sally was already planning to file for divorce, but he wanted her to commit to paying child support prior to filing. Even more complicated is the fact that the two filed for divorce in two separate states: he in California, and her in New Jersey – a state that doesn’t typically recognize surrogacy agreements.

It was thought that if Shepherd was able to corroborate the claims of fraud that she would be able to prove she had been duped into signing the surrogate contract. This latest ruling proves that was not possible.

Birth Certificate

The original birth certificate listed the surrogate as the mother, instead of Shepherd. When Sally settled in California with the child, California authorities were prompted to seek child support from the surrogate, according to Sally’s lawyer, Tiffany Palmer.

Shepherd will now be listed as the legal mother on the birth certificate, a decision that the surrogacy agency has praised.

“Surrogates don’t want to feel that someone could want a baby and then just back out. The surrogate is not the mother,” said Melissa B. Brisman, who owns Reproductive Possibilities in Montvale, N.J.

Palmer went on to say that Pennsylvania courts had never ruled on the validity of surrogacy contracts. And some states have refused to uphold surrogacy contacts in the past.

“It’s a tremendous relief to many people,” said Palmer.

“(Shepherd) does not dispute that she freely entered into the gestational carrier contract,” the Superior Court ruling said. “Baby S. would not have been born but for (her) actions and express agreement to be the child’s legal mother.”

Child Support

Many divorcing couples will need to decide on child support. Child support is an amount of money that a court requires a parent, or both parents, to pay each month in order to support a child’s, or children’s living expenses. While you are free to determine child support on your own, many couple’s find this a difficult decision to make, and often one that they cannot see eye to eye on. Often times this leads to a trial, during which a judge will determine a child support court order. This is often part of the child custody case. While you might not want to enter into a child custody case, it’s important to remember that if you do, the court can provide you with certain legal rights that will legally ensure your time with your children.

A Note About Child Custody

Getting a child custody order can legally give you the right to make decisions regarding your child, as well as allow you the legal right to have your child live with you. Without a child custody order, you might not legally have the ability to do these things, even if you are the parent that takes care of the child on a daily basis. Filing for child custody is not without risks though. If you decide to file, there’s a chance the other parent will request these rights. At that point it will be up to the judge to decide.

When a judge decides, he or she typically rules in favor of what’s in the best interest of the child. Many decisions go into the awarding of child custody. And a court will sit down and evaluate the case objectively, with a focus on the facts that are presenting. These facts include: the history of each parent’s relationship with the child, any evidence of abuse or neglect, a detailed understanding of the child’s health, safety, education, and general welfare. A court will also take a look at the current status quo arrangement. From this outsiders perspective, a judge will be able to rule based on the child’s best interest.

Once custody is awarded, it is often then decided who and how much a parent will pay for child support.

Child Support Payments

After you have received a child support court order, the other parent is legally required to start making child support payments to you. The court order you receive will include the start date for the child support payments. The payments will be paid monthly, and will be taken out of the other parent’s paycheck.

Wage Assignment and Garnishment

Every child support case where child support is awarded, the court will order a wage assignment or wage garnishment be issued and served. This wage assignment requires that the other parent’s employer takes the support payments out of the other parent’s wage.

Local Child Support Agencies

If the local child support agency (LCSA) is not involved in the child support case, both parents are allowed to agree that the child support payments be made in other ways, rather than a wage assignment. This means the wage assignment is “stayed,” or put on hold. Parents are then responsible for working out how the child support payments will be made. But if a LCSA is involved, the LCSA must agree to having the wage assignment “stayed.” Typically, if a LCSA is involved, the agency will keep the wage assignment in place.

Falling Behind

If you are not able to make your child support payments and you fall behind, you are required to pay interest on the balance due in addition to the amount you owe. A judge is not able to remove this charge, as interest charges are added per the law. Interest charges are added by law, and the judge cannot stop them. Interest rates are as follows: 10 percent per year for child support due on or after January 1, 1983; or 7 percent per year for child support due before January 1, 1983.

Past-Due Child Support

If you owe past-due child support/arrears, your court order/wage assignment/garnishment, will include the full amount of owed monthly child support. This amount over your monthly child support is called a “liquidation amount. It goes to paying off the past-due amount/arrears. This amount goes to paying off your arrears. Even if you are paying this off in installments, interest will still be added to your balance.

Consequences

Not paying child support means serious consequences. You can be found to be “in contempt of court” if it is discovered you have the means to pay and are not. This can result in jail time.

Ending Child Support

Typically, court-ordered child support will end when a child turns 18 years old, or if he or she graduates from high school. If an 18-year-old child still lives with parents and is a full-time high school student the support will end when he or she turns 19 or graduates – whichever comes first. Child support also terminates once a child: Marries or registers a domestic partnership, joins the military, is emancipated, or passes away. If both parents agree, they can decide to no longer support a child.

Working with a Family Law Lawyer

Working with a child custody lawyer might be in your best interest if you decide to pursue a child custody case or child support case. A lawyer will be able to help you decide your best course of action based on your situation. Additionally, it’s important to remember that filing for child custody does not necessarily mean you get child support. But a child custody order does not automatically give you child support.

For advice on child custody or child support, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Tags Child Custody, Child Support, Lamar Sally, Sherri Shepherd, surrogate

Child Custody Child Support Divorce Family Law Spousal Support

Green Will Receive Spousal Support From Fox

Post author By Scott
Post date August 24, 2015

Last week, Megan Fox officially filed for divorce from husband Brian Austin Green. The two had just announced they were separating days earlier.

Though it’s unclear why the couple is splitting, according to sources, the two have been separated for the last six months. The couple met 11 years ago on the set of ABC’s Hope & Faith. While the two made quick plans to get married, that was put on hold because the two felt that Fox, who was 18 when they met, was too young to really consider marriage. Green proposed again in 2010, and 24 days later the two were married in Hawaii.

While the two did not sign a prenuptial agreement, it seems that Fox will be paying spousal support to Green, who has been unable to work because of a car accident the two were involved in last December.

What is Alimony / Spousal Support?

Alimony, often called “spousal support” is when one spouse pays the other in order to help that spouse maintain the same financial standing as was experienced during the marriage. A court will require the higher earning spouse to assist the lower in maintaining that standard of lifestyle that was achieved during the marriage.

Awarding Spousal Support

In California a judge can award temporary (“pendente lite”) support either during the divorce proceedings, or when the divorce is declared final. Typically these payments are made from one spouse to the other in a specified amount for a predetermined period of time. But support can also be paid in a single lump-sum payment. In collaborative process divorce agreements, spouses often come to agreement on the terms and conditions of support payments. As long as this agreement meets legal requirements, a court will uphold an agreement. This is the case even if the agreement provides for a complete waiver of support to the lower-earning spouse.

Duration of Spousal Support

In California, the duration of spousal support agreements are often tied to the length of the marriage. A general rule of thumb is that for a marriage of less than 10 years, a court will not order support payments be made for longer than half the length of the marriage. But if a marriage has lasted 10 years or longer, a court typically will not set a definite termination date for support. Both spouses are able to request modifications to the spousal support agreement indefinitely, unless a termination date has specifically been agreed, or if the court expressly terminates the support at a later hearing.

Awarding Permanent Support

Sometimes support is labeled “permanent” support, but the actual awarding of permanent support lasting for the remainder of a lifetime is increasingly rare, even for marriages that last over 10 years. Family law courts in California tend to require a spouse seeking support to make an effort to become self-supporting. A spouse that makes claims that they are unable to work, or unable to become fully employed, is required to support the claim with evidence. Often times this means having a vocational evaluation. And for long term support orders, the support often gradually reduces over time by a nominal amount. Permanent support is usually only awarded to spouses that are unable to become self-supporting due to age or disability.

Permanent Spousal Support for Green?

Because permanent spousal support is often awarded to spouses that are disabled, Green could receive permanent spousal support, as it seems he has been unable to work due to an accident the couple was involved in last December.

Calculation of Spousal Support

California law rules that the purpose of awarding temporary spousal support is for preserving the financial status quo, or “standard of living during the marriage” to the greatest extent possible. After a court evaluates and considers the needs of the spouse requesting the support, as well as the ability of the other spouses ability to pay, it can order the temporary spousal support in any amount. Typically, a court will use a common formula for calculating temporary support. One example of this formula is the Santa Clara County formula. This formula comes up with a figure through subtracting 50% of the lower-earner’s net income from 40% of the higher earner’s, and then makes adjustments for tax consequences and child support payments. The California Department of Child Support provides a support calculator for parents of dependent children looking to get a rough estimate of what temporary spousal support payments might look like along with child support payments. A family law attorney will also be able to provide you with a rough idea of what your payments will look like.

Standard of Living

Spousal support’s main purpose is to assist a supported spouse in maintaining a standard of living that was close to that which was attained during the marriage. But the goal is for the spouse receiving the payments to eventually become self-supporting to the greatest extent possible. A court will take the following into account:

marketable skills of the supported spouse,
job market for those skills,
any time or expense the supported spouse will need to acquire education or training for employment or enhanced employability, and
the extent to which periods of unemployment (due to domestic duties) during the marriage have impaired the supported spouse’s present or future earning capacity.

The court will also consider any other factors, including:

extent to which the supported spouse contributed to the other spouse’s attainment of education, training, professional licensing or career advancement (this can also mean the extent to which the supported spouse provided and maintained home life while the other spouse was advancing his or her career)
ability of the supporting spouse to pay support. A court will take into account earning capacity, earned and unearned income, assets, and standard of living,
needs of each party based on what the marital standard of living was,
each spouse’s obligations and assets, including separate property,
duration of the marriage,
ability of a spouse who is also a custodial parent to engage in employment without interfering with the interests of dependent children,
each spouse’s age and health,
documented history of domestic violence by either spouse*,
immediate and specific tax consequences to each spouse (often times tax agreements are figured out during the awarding of spousal support and child support agreements),
balance of the hardships to each spouse, and
the goal that the supported spouse will be self-supporting within a reasonable period of time. This follows a general rule of thumb presumed to be one-half the length of a marriage (unless the marriage was longer than 10 years).

*California courts do not ordinarily consider conduct when making spousal support determinations. But often times, a court will not award support to a spouse that has a proven history of violence toward the other spouse.

Modification and Termination of Spousal Support

Either spouse can request modification or termination of periodic payments due to a material change in circumstances, unless it has been specified in the spousal support agreement. Absent a written agreement stating otherwise, spousal support terminates on the death of either spouse, or on the remarriage of the recipient.

Joint Custody

In addition to paying spousal support, another thing that Fox and Green will need to determine is the custody of the two children they share, Noah, 2, and Bodhi, 18 months. Green has a child from a previous relationship. It appears that Fox has filed for joint physical and legal custody, which means that both her and Green will share full custody.

“Joint Child Custody” means that parents who do not live together still share decision-making responsibilities for, and/or physical control and custody of, the children they have together. This form of custody is able to be awarded to parents that are divorced, separated, no longer living together, and even if they have never lived together. Joint child custody is also the form of custody that is favored by the courts.

Joint Child Custody Arrangements

Joint Child Custody can take various forms, such as:

joint legal custody – where the parents share the decision-making responsibilities.

joint physical custody – where children spend time with each parent separately.

joint legal and physical custody – a combination of the above.

Joint Child Custody – Advantages and Disadvantages

There are advantages and disadvantages to joint child custody. While it ensures children continue contact with both parents, children still need to be shuttled from one parent to the other. This can be a difficult situation for non-cooperative parents, and thus can be a hard situation for children stuck in the middle. Regardless of if parents are cooperative or non-cooperative, it’s crucial that all financial records of groceries, finances associated with a child’s after school activities, medical care, and clothing are kept. In cases where parents argue about these things, a judge will appreciate finely detailed records. If parents can maintain a positive parenting schedule and approach, and keep the child’s best interests in mind, joint custody can be a positive and comforting experience for a child.

A Family Law Attorney

There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case. For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Tags Brian Austin Green, celebrity divorce, Child Custody, Divorce, Megan Fox, Spousal Support

Child Custody Child Support Child Visitation Divorce Family Law Modification to Family Court Orders Move Aways (Child Relocation)

Rutherford-Giersch Custody Battle Continues

Post author By Scott
Post date August 17, 2015

Last week a Manhattan Supreme Court judge ordered actress Kelly Rutherford to return her two children to their father, Daniel Giersch, who lives in Monaco. In doing so, the custody battle between the two rages on.

Custody Battle

The judge’s decision came after the 46-year-old actress failed to send son Hermes, 8, and daughter Helena, 6, back to Giersch after spending the summer in New York with her.

“From the beginning I have said I will fight for my children,” she said in an interview.

It seems Giersch’s attorney are happy with the decision. “We are pleased that the American judicial system has prevailed,” said Giersch’s attorney Fahi Takesh Hallin. “Daniel’s request to exclude the press today from the courtroom was granted, to protect the children’s privacy. In addition, his stance of promoting Kelly’s time with the children has not changed.”

The custody battled has raged since 2012, when a California judge ruled that the children should live in France with their father after his U.S. visa was revoked. Since that ruling, Rutherford has fought to bring her children back to the U.S., but neither California nor New York have jurisdiction in the case.

“It puts me as a parent in an odd place if no one is taking jurisdiction,” she has said. “How do you put your kids on a plane not knowing what is going to happen?”

Giersch’s mother was in court to greet the children and return them to Monaco following the judge’s ruling.

Rutherford was supposed to have sent the children back earlier in the week, but released a statement announcing her decision to keep the children, writing, “I have decided that I cannot lawfully send my children away from the United States to live in a foreign country.”

Giersch’s legal team immediately fired back following the release of Rutherford’s statement, issuing a letter demanding that Rutherford send the children back to Monaco immediately. The letter was followed with a filing in New York County Supreme Court.

Child Custody and Co-Parenting

Given that the Rutherford-Giersch custody battle has been going on for years, it seems unlikely that the two will ever be able to learn how to co-parent successfully. It can be a difficult situation to work out, especially if parents live on different sides of the world. Still, people find a way to make it work.

Co-Parenting Advice

Here’s some advice from co-parenters that have been there before:

“Remember this: Genetically, your kids are 50% your ex. Every negative thing you say about him or her, you’re saying about the kids, too.”
“Get a therapist for the kids during the divorce, not after. We did so and my kids really benefitted from having someone removed from the situation to talk to about their feelings. She encouraged them to open up and helped us sidestep a lot of serious issues.”
“Understand that some situations don’t lend themselves to co-parenting. Consider alternatives like parallel parenting. Just because you’re divorced doesn’t mean that your spouse has changed.”
“Be empathetic about the grief they are experiencing. Encourage them to talk and don’t judge their feelings.”
“Try your hardest to co-parent. Be there for your ex so you two can support your kids as a team. It’s no longer about the adults so put any animosity aside and do what is in the best interest of your children.”
“If you’re allowing the kids to choose who they live with, don’t make them feel guilty about their choice.”

The most important thing you can do is remember to put your child’s needs first. If you keep the focus on them you’ll be able to avoid getting into emotional ruts with your co-parent. Focusing on your child’s needs will ensure that they always get what’s best for them.

Here are some more ideas for making your co-parenting situation work:

Time for a ‘Timeout’

The mother of three daughters and two step-daughters goes on to say, “People going through divorce need to take the necessary time to grieve the end of this major relationship and remember that at one time, they loved or cared about the other parent. When parents are psychologically intact, it will be easier for them to put the needs of their children first.”

Play to Your Ex’s Strengths

By now you know what your ex is good and and what they’re not so good at. So play fair when it comes to your kids and your ex’s abilities.

Tucker’s situation is: he has his boys two-thirds of the year; their mother visits monthly from Virginia. She also takes them over school breaks and summer. Tucker, his wife, his ex-wife, and her husband all work as a unit to parent the children.

“We like to think of ourselves – Colleen, her husband, my wife and I – as members of a family ecosystem,” says Tucker. “This means that everyone involved is invested in and accountable for raising our kids, and it goes a long way in building trust and mutual respect.”

Cooperation is Key

This can be the hardest part of a co-parenting relationship – cooperating.

According to mother Shaindle Braunstein-Cohen, “Effective co-parenting does not require friendship, but it does require cooperation.”

“My ex and I get along when we have contact, but we never have contact outside of our son,” she says. “When my son wanted to show his dad his new room in our new home, he did. Successful co-parenting involves only one thing: loving your child more than you hate your ex.”

When her ex moved out-of-state, Braunstein-Cohen gained full custody of her 14-year-old Seth. When he wants to see his dad or vice versa, both her and Seth’s father to make it happen. “Sure, that meant I had many holidays without him, but it wasn’t about me,” she says.

You can’t keep living in the past either.

“The kids can become an obsession, a club to beat your ex over the head with,” says Braunstein-Cohen. “You can’t live in the past, and you also can’t live in the future. Just live in the now. The moment is here; it’s what you’ve got. Make the best of it.”

Experts Weigh In on Rutherford-Giersch

According to Dan Abrams, a chief legal analyst that works for ABC News, Rutherford’s decision to keep her children in the U.S. was a “risky move.” He believes the U.S. State department has “to get involved now.”

“I called for them to get involved a while ago when [the kids] were in Monaco, saying they should bring the kids back,” he said. “I think they are going to have to get involved, I think they are going to have to make an incredibly hard decision.”

Move Away Child Custody

Child custody cases involving move-aways can be very difficult. If two parents have shared joint custody prior to the move it can feel almost impossible to find a new workable arrangement. States offer different laws regarding relocation custody, but as with all child custody cases, the best interest of the child is always taken into consideration. California has permissive move-away laws and takes the following into consideration when determining a move-away relocation:

Will the child’s lifestyle remain stable?
How far is the move?
Is the reason behind the move necessary?
How old is the child?
Will the parents be able to maintain a co-parenting relationship?
What does the child want?
What are the child’s individual relationships with each parent like?

Additionally, a move away request is considered a modification of court orders. If you are looking to modify original orders you need to be mindful of the current custody and visitation rights you have. Working with an attorney is the best way to handle child custody relocation. Often time these cases can be difficult, especially if you are the non-custodial parent fighting against relocation. An attorney will be able to look at your case and determine the best course of action.

Next Court Date for Rutherford

The Rutherford-Giersch case is an interesting one due to the fact that Giersch’s U.S. visa was revoked for unknown reasons. The next court date for the couple is Sept. 3 in Monaco. It’s expected that the two will work out custodial decision making in addition to other matters.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Tags Child Custody, custody battle, Giersch, Rutherford

Child Custody Child Support Child Visitation Collaborative Law Divorce Family Law High Net-Worth Divorce Marital Property Division Mediation Spousal Support

Stefani-Rossdale Divorce

Post author By Scott
Post date August 10, 2015

Gwen Stefani is citing “irreconcilable differences” as her reason for divorcing husband Gavin Rossdale.

Divorce for Stefani and Rossdale

“While the two of us have come to the mutual decision that we will no longer be partners in marriage, we remain partners in parenthood and are committed to jointly raising our three sons in a happy and healthy environment,” the couple said in a joint statement. “To that end, we respectfully request privacy from the media during this time.”

After touring together, Stefani, 45, and Rossdale, 49, were married in 2002. The No Doubt lead singer and Bush front-man have been rock royalty ever since the late 90’s.

According to the tabloids, the two have spent some time apart recently. Stefani recently posted pics to her Instagram showing her and her sons on a mini getaway in Montana. It was unclear if Rossdale joined the family for the vacation, as his Instagram suggested he was in London. But even just last year Rossdale took on tabloids that reported that the couple was headed for divorce, denouncing the rumors as a “load of bulls–t.”

“I’m pretty dry and I’ve got a decent sense of humor, so [reporters] say to me, ‘You’re doing this, you’ve got a new record…’How do you guys find time for each other?'” he said while appearing on The Howard Stern Show. “And I said, ‘We don’t, that’s why we’ve been together so long.’ I was f–king around, that’s funny to me. Where I’m from, that’s funny. And it was funny, for about a week, and then it’s like, ‘oh…interesting.’ So it’s just me and my big mouth.”

And just a few months ago in Cosmopolitan‘s March issue, Stefani said “I never really saw myself landing a guy that hot. I don’t know if I was a nerd in high school, but I definitely wasn’t the super-cute cheerleader so I never saw myself getting somebody like that.”

When speaking of her marriage and what made it work, she said “We go through so much together—it’s a miracle that we could stay together this long.”

She went on to say, “[Gavin’s] on a short tour right now, and he wrote me the sweetest note this morning. It’s good to have those days when we both do our own things. I think that’s what keeps relationships going, when both people can be themselves and have their own individuality.

“That’s especially important for women,” she added. “It’s hard to find time for yourself.”

Stefani cited irreconcilable differences as the reason for the split in her divorce filing. Rossdale filed his response at the same time.

Irreconcilable Differences

Irreconcilable differences means you and your spouse are not able to agree on basic, fundamental issues involving the marriage or your family, and you never will agree. While there is no set rule, the following are reasons for why a couple might decide to file:

Conflict of personalities
Emotional needs are not being met
The marriage is suffering from financial difficulties
Long physical separation
Difference in interests
Resentment
Distrust
Constant bickering
Irreversible antagonistic feelings

If you are experiencing any of these feelings and are unable to work things out with your spouse, you may consider divorce. Working with a lawyer is the first step to determining how you should file for divorce. California is a no-fault state, which means that you cannot blame your spouse for the end of the marriage, even if it is ending because of infidelity. You will want to work with a lawyer to determine your state-specific laws, though most states have “no-fault” options, such as irreconcilable difference.

Joint Custody

The couple shares three sons: 9-year-old Kingston, 6-year-old Zuma and 1-year-old Apollo. According to court documents, both Stefani and Rossdale have sought joint custody.

There are various situations that fall under the umbrella of “joint child custody.”

What is “Joint Child Custody”?

Joint Child Custody Arrangements

Joint Child Custody can take various forms, such as:

joint legal custody – where the parents share the decision-making responsibilities.

joint physical custody – where children spend time with each parent separately.

joint legal and physical custody – a combination of the above.

Joint Child Custody – Advantages and Disadvantages

Spousal Support

According to court documents, Stefani checked the box to terminate Rossdale’s ability for spousal support.

If you are getting divorced, and are seeking spousal support, or are expected to pay spousal support payments, there are some important things you’ll want to understand. A family law attorney will be able to walk you through the specifics of your case, but here we’ll provide you with a general overview of aspects of spousal support including: the awarding of spousal support, tax laws, and what can happen if spousal support payments are not made.

Defining Spousal Support

Spousal support (also known as alimony) is financial assistance that is only available to those who were legally married. It recognizes a partner’s contribution to the marriage and its goal is to help the recipient achieve financial independence. Rules regarding alimony vary state by state.

Calculating Spousal Support

When a court presides over a spousal support hearing, it weighs a number of factors including: the length of the marriage, the needs of each spouse, the standard of living that was created and maintained during the marriage, any assets, the age of the spouses, numerous other factors, and state specific laws. Your divorce attorney will build your case for spousal support based on your own specific circumstances.

Length of Spousal Support

The duration of spousal support payments is set by the court after it weighs the arguments that have been made. Typically, the length of payments lasts for half the length of a less than 10 years long marriage. For example: a marriage of six years means the spousal support payments will need to be paid for three years.

In longer marriages, a court might not set an a duration for the alimony payments. In that case, it is up to your divorce attorney to prove your side of the case and the duration. You should work with your divorce attorney to establish your side, regardless of if you are paying or receiving payments, and also determine the amount of time you seek. The court will then listen to both arguments, and using common law, decide upon the duration.

Permanent or Lifetime Spousal Support

“Permanent” or “Lifetime” spousal support means support will be paid to the recipient until the death of the one paying, or sometimes until the recipient remarries. While remarriage has been a reason for the end of spousal support payments, that is not always the case, and sometimes a court will rule that a remarriage does not mean the end of the support payments.

As women became a stronger component of the workforce, permanent support began to be rewarded less and less. And now courts rarely award permanent support. One appellate court stated:

“As recognized by our Supreme Court, the public policy of this state has progressed from one which entitled some women to lifelong alimony as a condition of the marital contract of support, to one that entitles either spouse to post-dissolution support for only so long as is necessary to become self-supporting.”

A court will usually require the higher earner, regardless of if they are husband or wife, to assist the lower earner with maintaining the standard of living, at least for a period of time.

Changes in Financial Situation

The duration of spousal support payments can also be dependent on if the spouse receiving the support has a change in their financial standing (as the result of beginning a new job or higher pay). The purpose of spousal support is to ensure financial safeguards for the person receiving them. Therefore, if they no longer need to receive money to help them maintain financial footing, then a court can rule that they are able to support themselves and no longer need the support they have been receiving.

A Family Law Attorney

When it comes to the actual legal process of a divorce, you’ll want to work with a skilled family law attorney. There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case. For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Tags celebrity divorce, Child Support, Gavin Rossdale, Gwen Stefani, Spousal Support

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Garner and Affleck Divorce

Post author By Scott
Post date July 6, 2015

After months of tabloid speculation, a rep for Hollywood power-couple Ben Affleck and Jennifer Garner recently confirmed the couple has decided to divorce. The news comes just a day after their tenth wedding anniversary.

Ben and Jen Divorce Statement

In a statement released by the couple, Affleck, 42, and Garner, 43, had this to say: “After much thought and careful consideration, we have made the difficult decision to divorce. We go forward with love and friendship for one another and a commitment to co-parenting our children, whose privacy we ask to be respected during this difficult time. This will be our only comment on this private, family matter.”

Mediation

According to a source close to the couple, Affleck and Garner have been working with a mediator. The source had this to say: “This isn’t going to end up in a dramatic court case, they are trying to resolve it as quickly and easily as possible. Ben and Jennifer have been separated for more than six months. They have been seeing counselors for years. The situation is that people change and they grow apart.”

Mediation, when employed at an early stages of divorce proceedings, has proven to be beneficial for both parties looking to avoid substantial litigation costs and the adversarial nature of a drawn out separation and divorce process. It’s not uncommon for mediation to allow for cases to be settled before they go to actual trial. Because if its more harmonious nature and the fact that costs are usually lower in comparison to drawn out litigious cases, the mediation process is becoming increasingly preferred.

Resolution of conflict between spouses is a delicate process and requires a skilled Divorce and Family Law Mediator to serve as a neutral buffer between the high emotions of a couple on the verge of divorce. The attorneys at the Southern California Law Offices of Divorce Law LA can assist you through the process of deciding whether a divorce settled through mediation and collaborative law is the right choice for you, or if full litigation is required to adequately settle your divorce.

Affleck has been sighted staying in hotels over the past few months. Yet, it seems the couple has decided that he will remain on the property of their Brentwood home, though he will not share the main house. It’s unclear if this is a permanent or temporary arrangement.

Love, Marriage, Children, Divorce

The couple met on the set of “Pearl Harbor” and went on to star alongside each other in the movie “Daredevil,” which was released in 2003. “That’s where I found my wife,” Affleck said in a Playboy magazine interview. “We met on Pearl Harbor, which people hate, but we fell in love on ‘Daredevil.'”

Shortly after, in 2005, they were married. During the wedding during a private ceremony in Turks and Caicos, Garner was four months pregnant with their daughter Violet. The two share three children: Violet, 9, Seraphina, 6, and Samuel, 3.

Children Changed the Marriage

Garner has spoken to Yahoo! Parenting about how children changed the couple’s marriage: “You just go on a ride together because you don’t know who you’re going to be when you first have a baby and you don’t know who [your partner] is going to be. You have to just hang in there while you figure it out — and have a lot of patience for each other.”

Children can bring unavoidable and unspeakable changes to a relationship and marriage. while you might have thought a child would fit neatly into your life, that is not seemingly ever the case. Having a new addition that needs you constantly can mean big changes for you and your spouse.

In an interview with InStyle magazine Garner said: “When we had our first [child], we had only been together a year. We were babies. It happened so fast, I hardly remember what we were like before the kids got here.”

During the same interview she went on to say she and Affleck had a “mindful” marriage.

“You can’t expect to be courted all the time, and I don’t want to court him right now; I don’t have the energy!” she said. “But we’re definitely in a very mindful place where we’re making an effort to be together, do things at the same time, and be loving.”

It seems the two were realistic about their marriage. When Affleck accepted his best picture Oscar in 2013 for Argo he thanked his wife for “working on our marriage,” adding “there’s no one I’d rather work with.”

Timing of Divorce – Just After 10th Wedding Anniversary

Though it seems odd that the two would announce their divorce just after their tenth wedding anniversary, this is a fairly common time of year to divorce. While January seems to be the big month for divorce (often times couples try to hold things together through the already stressful holiday season), the summer school break is also quite popular. It often makes the most sense for re-locations (should a spouse decide to move) to happen over the summer in case schools need to be changed.

Child Custody and Visitation

While it’s unclear how Affleck and Garner will handle the custody of their children, it is most likely they will share custody. Courts often tend to award joint custody when they can, as long as its in the best interest of the children.

There are various forms of child custody: physical and legal, sole and joint.

Physical Custody: The parent has the legal right to have a child live with him or her.

Legal Custody: The parent has the legal right and the legal obligation to make decisions about a child’s upbringing.

Sole Custody: The parent has either sole legal custody or sole physical custody of a child, or both. Usually courts only award sole custody if one parent has been deemed unfit due to alcohol or drug dependency or charges of child abuse or neglect.

Joint Custody: Both parents share the decision-making responsibilities for, and/or physical control and custody of, their shared children. Joint custody can be joint legal custody, joint physical custody (where the children spend a significant portion of time with each parent), or both.

Co-Parenting

In a joint custody arrangement parents are asked to work as part of a co-parenting arrangement. In this arrangement, both parents must create a schedule based on each parent’s work requirements, housing arrangements, and the children’s needs. If parents are not able to come to an agreement when it comes to co-parenting, a court will impose an arrangement.

Various arrangements include:

alternating weeks, months, six-month periods, years or
spending weekends and holidays with one parent and spending weekdays with the other
“bird’s nest custody” or “nesting” during which the children remain in the family home while the parents take turns moving in and out. This can be successful because it does not disrupt the children’s lives that much – they are able to remain in one home and do not have to alternate between their parents’ homes. During the time away from the children the parents each live in a separate apartment or home of their own.

Parenting During Their Relationship

Garner had this to say of the couple’s parenting abilities:

“For better or worse, I tend to be the one who says, ‘This is what needs to happen.’ I know who wants what lunch, and I’ve done all the school paperwork and filled out the emergency cards. Ben doesn’t know that stuff exists,” she said.

“He is in charge of laughter. No matter how much I tickle them or toss them or chase them around, it’s not the same. If I’m the slow, steady drumbeat, he’s the jazz.”

Co-parenting after a divorce can be difficult. As long as both spouses are able to keep the best interests of their children in mind it can be successful.

Signs of Trouble and Legal Separation

Marriage is not easy and can take a lot of work. This can often mean working with a relationship therapist. Couple’s often decide to separate prior to their divorce, as a way to test the waters and determine if they truly want to be apart from each other. It’s advised that even if you do not decide to seek a divorce, that when you do separate, you file for legal separation. Legal separation is a legal process where the couple receives a court order that says they are separated, but does not mean the couple has actually divorced. Often times couples will obtain a legal separation as an alternative to a divorce, because of moral or religious objections to divorce.

Legal separation also does not automatically lead to divorce. There have been numerous times where couples have decided to reconcile and continue their marriage. Should they wish to proceed with a divorce after a legal separation, the couple will still need to file for divorce explicitly.

Working with a Family Law Attorney

Whatever your reason is for divorce, you should consider working with a family law attorney. They will be able to advise you on any number of issues, including: child support, spousal support, marital property division, child visitation, etc… A lawyer from the expert law firm of Divorce Law LA will be able to guide you through the divorce process. The Divorce & Family Law Offices of Divorce Law LA will provide you with the highest level of expertise and professionalism from our skilled attorneys. Our Divorce and Family Law Practice spans a wide spectrum of areas that include: divorce, high net-worth divorce, marital property division, child custody and visitation, and child support.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Tags Ben Affleck, celebrity divorce, co-parenting, coparenting schedule, Divorce, High Net-Worth Divorce, Jennifer Garner