Category: Family Law

Divorce Law LA blog posts about family law.

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Divorce Family Law Spousal Support

Understanding Spousal Support

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“Spousal support” or “partner support” (in domestic partnerships), and “alimony” is when a couple separates or divorces, the court decides a spouse will need to pay the other spouse a certain amount of money as a form of support.

Contributing Factors to Determining Spousal Support

There are many contributing factors that determine the amount of spousal support, what the terms are, and how it can affect your taxes. A family law attorney will be able to walk you through the various steps of understanding spousal support, whether the courts decide you need to pay it, or if you need to receive it.

Changing a Spousal Support Decision

Often times a spouse or domestic partner might request that the amount of spousal or partner support be changed. For this change to be granted a “change in circumstances” will need to be proven. This means that a significant change, such as a job loss, has taken place. Occasionally the spouse or partner receiving support no longer needs it. A change in circumstances can also mean that the spouse/partner receiving support is not working towards becoming self-sufficient financially. When this occurs, the spouse/partner paying the support can request the court change the support order to reflect this inaction.

Report any Changes in Circumstances Immediately

It’s important to note that if you are paying the spousal/partner support you will still be required to pay the full amount of support the court ordered until the change of circumstances is proven, even if your financial situation has changed. So if you lose your job and do not change your spousal/partner support until three months after losing your job, you will still be required to pay three months worth of support, even if you are not able to. An interest rate of 10% is also adhered to that unpaid balance. Because of this, it is crucial that if you have a change of circumstances, you need to address it in court immediately.

 

For advice on family law and all it’s aspects including spousal support and alimony, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: California Courts, Spousal/Partner Support, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Family Law

Family Law is Evolving

In light of recent headlining cases, lawmakers are looking to modernize family law legislation that was created during the “Leave it to Beaver” era. Once lawmakers return from summer hiatus they’ll be looking to update family law and parental rights to fall more in line with the ever-evolving definition of family.

Recent Family Law Trials Raise Questions

Recently cases such as “The Lost Boys” star, Jason Patric’s custody case and Casey Kasem’s children’s fight with their stepmother over visitation rights have caused lawmakers to wonder if the old laws fit are still relevant. Both of these cases are examples of nontraditional families struggling within the very confined definitions of traditional family laws.

New Need for New Laws Gains Ground

Assemblyman Tom Ammiano feels that updating the laws is a means for nontraditional families to gain acceptance. One example of the types of changes that are on their way, is the legislation that Gov. Jerry Brown just signed that replaces references to husband and wife with the word spouse – thus deleting the definition of marriage as “between a man and a woman.” Cathy Sakimura, family law director at the National Center for Lesbian Rights, feels that, “Because families are formed in so many different ways and (disputes) are always based on the factual situation that a particular family is facing, it’s almost impossible for any family code to address all needs.”

Opponents to New Laws

Social conservatives feel that the legislation changes regarding family law wouldn’t need to change if family structures were to remain traditionally “normal.” Randy Thomason, an advocate of traditional families, and president of SaveCalifornia.com feels these proposed changes show, “how far our society has fallen: It used to be a simple answer to who’s your father and who’s your mother.” But Assemblymen like Ammiano feel it’s important to keep the idea of the “new norm” at the forefront of minds. “As a lawmaker, what you can accomplish is changing what’s in the law that’s being detrimental and dehumanizing,” Ammiano said.

 

For advice on family law and all it’s aspects, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Los Angeles Daily News, California lawmakers look to update family law,  July 27, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Divorce Family Law

An Overview of Family Law

Because the title of “family law” covers a broad range of topics relating to marriage and children, it can be confusing as to what exactly falls under the definition of “family law.” Here’s a brief overview of what falls under the “family law” umbrella.

What’s Covered by Family Law?

Family law includes divorces, annulments, child custody and visitation rights, spousal support, alimony, and child support payments. But it also covers adoptions, matters of guardianship, state child protection, domestic violence, and restraining orders. A family law attorney will be able to advise you on any questions you might have surrounding these topics, but the following has a brief overview of specific topics

Divorce and Annulment

Both a “divorce” and an “annulment” will dissolve your marriage. An annulment specifically will, through the courts, be treated as if it never happened. Certain grounds must be met for dissolution of marriage to be ruled as an “annulment.” Because of this, most dissolutions are done as divorces.

Child Related Issues

The court deciding on child custody and visitation rights always decide on the bases of what’s in the best interest of the child. A family law attorney will be able to help you build your case and will help defend you. With this you might be asked to pay, or be paid child support. This is an amount of money, that has been decided by the courts, that a parent must pay to the spouse who is granted primary custody. This money is meant to go towards food and clothing, medical care, and education for the child.

Spousal Support and Alimony

Spousal support, often called “alimony,” are regular payments made from one spouse to another during separation or after a divorce is finalized. The goal is to eventually help the spouse achieve financial independence wherever possible.

If you feel you have a legal matter that falls under the definition of family law, you’ll want to contact a family law attorney that can help you figure out the exact next steps to take.

 

For advice on family law and all it’s aspects, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Legal Match, What is Family Law? Typical Family Law Questions,  June 11, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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