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Depp’s Marriage Ends After One Year of Marriage

After just one year of marriage, Amber Heard and Johnny Depp have filed for divorce.

Depp’s Marriage Ends After One Year of Marriage

Amber Heard, 30,  has filed for divorce from Johnny Depp, 52, and is seeking spousal support, according to court documents.

The two met on the set of The Rum Diary in 2009 and married in February 2015 in two ceremonies – one on Depp’s private island in the Bahamas, and one at Depp’s West Hollywood, California home.

Depp thanked Heard during an acceptance speech for an achievement award at the annual Palm Springs Film Festival gala, saying, “I also have to thank my wife Amber for putting up with me, for living with all these characters, which can’t be easy. It’s hard for me—it’s got to be hard for her.”

Heard cited “irreconcilable differences” in the court papers and is seeking spousal support.

Spousal Support

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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.

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.

Tax Strategy During Divorce Decisions

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If you’re paying or receiving spousal support there are some basic tax laws you need to know and remember both during your divorce proceedings and after.

Bottom line: If you receive spousal support, you must declare it as taxable income . If you’re paying spousal support, you can deduct it. This differs from child support, as child support is not taxable and not deductible.

During the Ruling

You’ll want to remember this rule while you and your spouse are working out alimony agreements, as it does impact your bottom line when it comes to your finances. The final ruling and decision should reflect the intentions you have going into tax time. You might decide to have the paying spouse agree to pay the recipient spouse’s tax liability. A family law attorney should advise you on this during your alimony hearing. 

A Helpful Tip

If you’re able to negotiate with your spouse, it might be helpful to try and work out the best tax deal that works for both of you. If you’re in the middle of a litigious divorce and alimony decision, this type of negotiation may be difficult, but it might save you a lot of time and headaches around tax season.

If you receive alimony: plan for the potential tax impact. Your former spouse is not be able to withhold taxes from the support check you receive. That means you will need to account for that when you calculate how much you’ll be paying in taxes. For this reason you might want to consider paying quarterly taxes. That will save you from getting hit at one time come April 15th.

If you are paying alimony: remember you are able to deduct the support payments on your income tax return, but not child support or distribution of property. The IRS often scrutinizes payments made during the first three years you make payments to ensure that you have not disguised your alimony payments as property distribution or other post divorce

Family Law Attorney

Working with a lawyer that understands the ins and outs of the tax repercussions of divorce can help mitigate the confusion both during the agreement hearings and after (once you are actually making the payments).

Falling Behind on Alimony

It’s not an uncommon story: a man or woman falls behind on their alimony payments. This can happen for a number of reasons: loss of job, inability to get a job, or negligence. If you’re the one not receiving the payments, it can have a damaging effect on your entire life. Here’s some information on if your ex fails to make alimony payments.

What’s the Reason?

If you are not receiving court-ordered alimony payments try to find out why. Did your ex recently lose his or her job? Were they injured and are no unable to work? If this is the case, you might want to consider working out a plan to make up lost payments or to make future payments. Working with an attorney on something like this is a great idea as they will be able to provide an unbiased opinion on the situation. You will also have legal proof should you need to take the un-paying spouse to court.

Avoiding Alimony Payment

If your spouse is able to make the payments, and has not suffered a loss or job, or an injury that is keeping them from work, and rather just avoiding their court-ordered obligation, you’ll need to seek legal help. You will need to file a motion with the court asking a judge to order your spouse to pay any past-due past payments. This motion will also include an agreement to keep up with the future payments. You’ll want to work with an experienced family law attorney to draft a persuasive legal motion for this. An attorney will also being able to serve as your representative in court.

Consequences of Not Paying Alimony

Courts have a number punishments or fines for delinquent spouses. While the laws governing the consequences vary from state to state, generally a court will allow the following:

  • Holding a spouse in contempt. This can lead to fines and possible jail time.
  • Withholding income from the spouse. During this the delinquent spouse’s employer is required to withhold the spousal support amount from the delinquent spouse’s paycheck. That money is then sent directly to the spouse that is supposed to be receiving spousal support.
  • Writ of Execution = when a judge awards a portion of the delinquent spouse’s bank accounts and other assets to the receiver spouse.
  • If the amount owed is substantial, you are able to ask the court to issue a money judgment for the total amount owed along with interest.

Contact a family law attorney that can help you file a legal action to enforce alimony. A lawyer will be able to ensure you receive the money that is owed to you.

Working with a Family Law Attorney

There are a number of things that need to be considered during a divorce and during a spousal support decision. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce 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

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Child Custody Child Support Divorce Family Law High Net-Worth Divorce

Drew Barrymore Talks Divorce and Children

While Drew Barrymore filed for divorce from husband Will Kopelman on April 1, she’s doing her best to put one foot in front of the other and move forward.

Drew Barrymore Talks Divorce and Children

Barrymore, 41, and art consultant Kopelman, 37, began dating in February 2011 and were wed in a lavish ceremony at the actresses house in Montecito, California in June 2012.

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Last November she spoke openly about her and her husband’s relationship, saying, “My husband and I compromise on a lot of things … It’s the little things that you can change that can make a relationship stronger. Compromise is about changing yourself for the better. It’s an opportunity for you to become a more functional, better person.”

But it seems that compromising might have taken it’s toll. The two announced their separation on April 1, saying “Sadly our family is separating legally, although we do not feel this takes away from us being a family.”

This is Barrymore’s third divorce. She was previously married to Jeremy Thomas for just a few weeks in March 1994, and was also married to comedian Tom Green in July 2001. Green followed for divorce that December.

While divorce can be a tough time, it seems that Barrymore is moving forward, as is evidenced by the fact that the April 1 statement on divorce also included this: “Divorce might make one feel like a failure, but eventually you start to find grace in the idea that life goes on.”

While a source close to the couple revealed, “She’s disappointed this didn’t work. They both expected to be together forever. Things began crumbling shortly after they were married and the relationship unraveled over time,” it seems that the actress is moving forward.

As she told Pop Sugar, “I had a really hard time a couple of months ago and kind of knew life was heading in a new direction.” She went on to say, “I called someone that I really trust, respect, and believe in, because he has always been the conductor of grace. I said, ‘What’s your advice?’ And he said, ‘You put one foot in front of the other.’ I hung up the phone and I thought, ‘That is why I call this person.’”

Recently Barrymore opened up further about where she is now in terms of dealing with her divorce. “I think nothing is earned easily, but it doesn’t have to be heavy… It’s like, life is heavy enough — lighten up,” she explained. “I just love, like, how happiness seems like this lofty, hippie-dippie kind of notion and it’s not. It’s a really hard-earned thing, and to bestow it on others and to maintain it as a mentality, it takes work and it pays off.”

Focusing on Children

One reason that Barrymore has been able to move forward is because she is focusing on her kids. In their divorce statement, the parents of daughters Olive, 3, and Frankie, 23 stated, “Our children are our universe and we look forward to living the rest of our lives with them as the first priority.”

In fact, she credits her two daughters with completely changing her life. “My daughters have made me behave as the person I always dreamed to be,” she said. “It’s like, I would always climb that mountain and I would fail time and time again have a reaction that didn’t make me feel proud of myself or, you know, you’re just growing, trying to be the best person you can be but God, somehow my daughters have just pushed me over and I still fail all the time and I just get home at night and I’m like, ‘I didn’t lose it, I somehow took the high road cause you forced me to.’”

As she explained, she spends a lot of quality time with her girls. “When I’m with them by myself, which is all the time, they’re like, ‘We want to paint.’ I’m like, ‘I have to cook breakfast, you alone with the paints is going to be such a mess’… we’ll do palettes so they can only get so much paint everywhere.”

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And while she’s all about the quality time, she’s also not afraid of letting her kids watch TV. As she shared, “You know what? It’s a good thing to occupy their time. I still love TV, too… but those mothers who are like, ‘I never let my kids watch TV.’ I’m like, ‘Oh, my God, I totally let my kids watch TV!’ Am I a bad mother?’”

Friends as Support

While it’s important to put your children first, it’s also important that you surround yourself with a strong support group if you are going through divorce. That’s exactly why Barrymore insists on her strong group of friends, including Cameron Diaz and Gwyneth Paltrow. “I think good women change your life. Girls were my original family. I didn’t grow up traditionally with, like, that dining room table sort of setting, my girls were my family and I love my journey and my destiny is to raise two daughters.”

She went on to say, “I think that the girls that I know, we work hard on our friendships, we’re not, like, fair-weather friends. We have growing pains. We have moments where for many years we’ve earned our friendship… girlfriends are not just a lightweight thing, it’s pretty deep.”

Moving Forward After Divorce

In addition to having great friends as a support system, there are some other tips you can follow in your moving forward process.

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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.

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.

Wisdom from Divorce
Divorce can be an opportunity for reflection and analysis. You are now raw and ready to learn new ways of doing things, in addition to just learning new ways to move on and cope.

Working with 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

 

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Chris Martin Talks About Divorce

It’s been almost two years since Coldplay frontman Chris Martin and Gwenyth Paltrow announced that they would be “consciously uncoupling.” While Gwenyth may have previously discussed the couple’s divorce, Chris has only recently opened up about it.

Chris Martin Talks About Divorce

As Martin, 39, recently told the Sunday Times, he struggled with depression following the divorce announcement. It’s depression he deals with now. “I still wake up down a lot of days,” he said. “But now I feel like I’ve been given the tools to turn it around.”

“It’s always out there in the media, but I have a very wonderful separation-divorce. It’s a divorce but it’s a weird one,” he said. “It’s funny. I don’t think about that word very often — divorce. I don’t see it that way. I see it more like you meet someone, you have some time together and things just move through … I’ve lived a lot of life since then.”

“You can come at it very aggressively and blame and blame,” he told the paper. “Or you can put yourself in the garage, so to speak. Take yourself apart and clean off the bits. Reassemble.”

One key thing that Martin and Paltrow have kept in mind is their two children – Apple, 11, and Moses, 9. In being able to put their children first, they have been able to remain amicable. This is often the hardest part of divorce – learning how to co-parent.

Learning to Co-Parent

The key to establishing a good co-parenting relationship is to remember that your kids are part you and part your ex-spouse. And hopefully this realization will help you manage those angry, frustrated, and sad emotions.

Managing Emotions

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“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.

Building a Successful Co-Parenting Situation

Give Yourself a  ‘Timeout’

“Take time to reflect on how your behavior and your decisions are affecting your child,” says Peskin-Shepherd. “Especially where there is constant disagreement, try to accept that you are not going to change the other person and find a way to make something work without being dependent on the other parent’s response.”

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.

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 (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.”

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.”

Commit to Cooperating

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.”

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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.

Vacation time and money issues are common post-divorce problems, says Peskin-Shepherd. “Parents can agree on how to pay for extracurricular activities, summer camps, boots and winter coats,” she says. “Have a mindset of cooperation to avoid problems. Likely the compromise your ex-spouse is asking of you today will be the one you need tomorrow.”

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.

“There were times I had to check my mom as she ranted and raved about what went down,” Henry says. “Or girlfriends – awesome friends who had not been married or had children – not understanding how I could handle some of the things the way I did. There were moments I could hardly do anything but scream and cry – and I did, but on my own watch. There will be tough times. You can get something positive from them.”

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.”

Says Braunstein-Cohen, “Be totally honest with yourself. Everyone has ego involved; they want their child to know they were not at fault, that they are a better parent. Let it go and really think about what makes your kids happy.

“Obviously you don’t agree or sometimes even like each other very much – that’s why you got divorced,” she adds. “Get over it.”

A Family Law Attorney

But 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

Categories
Divorce Family Law High Net-Worth Divorce Marital Property Division

Kaley Cuoco Talks About Divorce

Kaley Cuoco is moving on and talking about her divorce from ex-husband, Ryan Sweeting.

Kaley Cuoco Talks About Divorce

The Big Bang Theory actress took to The Ellen DeGeneres Show to talk about what she calls a “bizarre” year.

“We all go through really weird ups and down, and sometimes I’m a little more seen,” the 30-year-old said. “You know, so I already feel like 2016 is going to be a much better year than 2015.”

The two were engaged just three months after starting to date and then married New Year’s Eve 2013 in a fire-and-ice-themed wedding. But after only 21 months of marriage, Cuoco filed for divorce last September.

“You know, it’s been rough, but things are going good,” Cuoco said. “I’m much, much better now. I’m in a much better place than I was.”

One of the first things the actress did was cover up her tattoo of the couple’s wedding date with a large moth.

“I had the date tattooed on my back to remind me … ” she said, then went on to advise, “Don’t tattoo wedding dates.”

And the choice of a moth?

“The significance is that it was big enough to cover the numbers … big wings… silence, quiet, on a wall,” she joked. “You know how they do that? They’re like stationary.”

Can You Predict Divorce?

While celebrity divorces are fairly common, and perhaps even predictable, is it actually possible to predict that a marriage will end in divorce? According to the following statistics, it might be.

Did the bride have pre-wedding jitters?

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According to a study that was published in the Journal of Family Psychology, if the bride-to-be has cold feet, the couple’s risk of getting divorced more than doubles. But is it the same if the groom has doubts? According to the study, nope. The groom’s cold feet has no impact on the outcome of the marriage.

Did the couple get married young? Or after the age of 32?

It seems that conventional wisdom holds that getting married too young doesn’t always work out. “I often see couples in their 40s in counseling who got married too young and didn’t have experience with other partners or want different things now,” says licensed psychotherapist and relationship expert, Rachel Sussman. “Because there’s a very good chance that in 10 or 15 years, you’re going to be a very different person — and you should be.”

But a recent study shows that after the age of 32, a couple’s risk for divorcing increases by 5% each year they hold off on marriage. Sussman thinks this is due to the entrenched independence and need for space that people have as they get older.

Does the couple have two daughters? 

When a couple has two daughters, it ups their chances of divorce by 43%. And according to Columbia University economist Kristin Mammen, even just having one daughter makes you 5% more likely to split. Parents with two sons face a nearly 37% risk.  Stephanie Coontz, author of Marriage, a History and director of research for the Council on Contemporary Families said “We think it happens because fathers get more invested in family life when they have boys.”

Parents dealing with a child that has been diagnosed with ADHD are nearly 23% more likely to divorce before thre child turns 8 years old.

Does divorce runs in the family?

If a person’s parents are divorced, they are at least 40% more likely to do the same. Even more shocking is the statistic that if your parents were remarried, you have a 91% likelihood of getting divorced.

Are there debt issues?

Debt can be a big time marital stressor. This can be even harder if couple’s have different spending habits. When one partner is a big spender, divorce can be 45% more likely.

“There can be a problem when one partner works or just has a significantly bigger salary, and the other spends an exorbitant amount of money. Fighting over the Amex bill every month is just a dumb fight to have. They’ve got to be on the same page, and I think setting a budget is key,” explains Sussman.

Did the groom frown in his childhood snapshots?

This might be the weirdest predictor yet. In two separate studies, psychologists took a look at peoples’childhood and yearbook photos in relation to their marital status. They concluded that people that frowned in their photos were five times more likely to end up divorced than people that smiled.

Does one partner smokes?

When only one person in a marriage is a smoker, they’re 75% to 91% more likely to split than couples where both partners are smokers. According to Sussman, the reason behind this could be that “Different values and lifestyles can be problematic.”

Was the first child was born less than 8 months after the wedding?

This makes marriages 24% more likely to call it quits. Chances are, this is because the marriage was entered into to “solve” the issue of an unplanned pregnancy.

Did the couple live together before marriage?

Multiple studies have shown that when couples live together before getting married, there’s a 12% higher chance that they will get divorced.

Is one partner a dancer or choreographer?

According to a 2009 study by the Journal of Police and Criminal Psychology, occupations have a big say in divorce. Dancers and choreographers have a 43% divorce rate, bartenders have a 38% divorce rate, and nursing, psychiatric, and home health aides have an almost 29% divorce rate.

Does the couple live in Nevada? Or Maine?

Where you live might play a role in if you divorce. But Nevada residents have a 14.6% rate of divorce. Maine is second with 14.2% and Oklahoma trails at 13.5%. New York has 8.8% divorced residents, but that could be attributed to the fact that it also has one of the lowest number of married residents. Researchers say that you might be more likely to get divorced in some states, but that’s only because you are more likely to get married there.

Does the wife makes more money than the husband?

According to a Swiss study of U.S. couples, marriages where spouses earn around the same amount are more at prone to divorce than marriages in which the wife earns less. In marriages where the wife makes 60% or more of the family income, the risk of divorce doubles when compared to couples where the wife does not work at all.

Is the wife older than her husband?

According to an Australian study, in marriages where the women are three years older than their husbands are 53% more likely to end in divorce. The study suggest this may be “due to differences in values associated with birth control, or marital strain caused by power imbalances within the union.”

Does one spouse think they are always right? 

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Perhaps this is obvious, but one of the biggest predictors of divorce is how the couple’s feel towards each other. John Gottman claims that he is able to predict a couple’s chances with 93% accuracy. His predictions are based on four key traits, including being defensive and constant criticism. According to him, the “kiss of death,” is contempt and seeing your partner as beneath you.

“It’s constant anger and disgust, passive-aggressive digs, eye-rolling, and yelling at your partner,” says Sussman. “When couples do that in a session, I say the research shows that if you keep doing that, there’s a really good chance you’re going to get divorced.”

You, After Divorce

It goes without saying that divorce is a difficult process. Whether or not there are kids involved, a number of thing need to be worked out: child custody arrangements, child support, spousal support, marital property division. A family law attorney will be able to help you with these aspects of ending a marriage. But you’ll also need help working through the tougher parts of ending a marriage: emotionally tiring and stressful aspects of ending a mrriage. It not only changes your entire lifestyle, it changes you. If you can step back, you might just realize how it changes you in a good way. Here are some positive aspects of a divorce that you may want to consider. In the end, you might just be grateful for the little things that you learned from going through one of the hardest processes you could go through.

Working with a Divorce Attorney

When you’re in the middle of a divorce, just starting one, or just ending one, it can be hard to see a future. Where will you be in a year’s time? Will you be better off? Will you be worse? When a couple decides to say “I do,” they never, ever dream of saying “I don’t.” Divorce can be debilitating, but when the dust is settled, you will have to pick up the pieces and move forward. Sometimes the easiest thing to do is work with a divorce attorney that can advise you on all aspects of a divorce, including child support, spousal support, and marital property division.

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

Categories
Divorce Family Law High Net-Worth Divorce Marital Property Division

Secret Divorce Ends in Lawsuit

After 20 years of what she believed to be marriage, Christina Carta Villa just learned that her husband secretly divorced her just after the two were wed.

Secret Divorce Ends in Lawsuit

Cristina Carta Villa, 59, is now suing her 90-year-old husband, Gabriel Villa, after learning that he obtained a secret divorce just four months after the two were married. It seems Gabriel was looking to “protect his assets.” She only just learned of the divorce after she noticed that a recent tax bill did not include her name. After doing some research through a private investigator, she found out that Gabriel had obtained a legal divorce in the Dominican Republic shortly after their 1994 wedding.

Love Story

According to Cristina, it was “love at first sight” when she met the then 70-year-old lawyer and travel agent. She was 39 at the time, and working as a teacher of Italian literature at Boston College. The pair moved into together, were soon married, and then had a son, Lorenzo. For the past 20 years, the couple has divided their time between two homes: one in Manhattan and one in France.

That all changed when she noticed that a tax bill did not include her name, and that her husband had been filing taxes as a single man.

The Secret Divorce

It appears the divorce took place in the Dominican Republic, and claimed “incompatibility of temperaments” as the reason. Neither Gabriel nor Cristina were present for the divorce proceedings as Gabriel had appointed a representative to push the divorce through. Cristina is claiming that the divorce was “illegal and fraudulent,” and that Gabriel is now using the divorce as a way to rob Cristina of what should be legally rightfully hers. She has brought a lawsuit against him in an attempt to annul the divorce seeing as she was not aware of it, and thus had not agreed to it.

All of this has come to light in the fact that Gabriel is now attempting to use the divorce as a way to show Cristina is not a legal owner of the condo he is trying to sell to his daughter. Cristina is not consenting to the sale.

It seems odd though. Why would a man that filed for a secret divorce, citing “incompatibility of temperaments,” remain with the same woman for 20 years? During that time, according to Cristina, she was at his side through health scares and hospital stays. Gabriel had even granted her power of attorney to make his medical decisions.

“I realize now that during all these years of joy and happiness, and of difficult moments we shared together, my husband lied to me and had the Dominican divorce on the back of his mind. It’s what is hurting me the most,” she said.

Prenuptial Agreement

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It’s odd that, Gabriel being a lawyer, and obviously aware of the legalities of marriage, would not have rather considered a prenuptial agreement instead of a secret divorce. A prenuptial agreement is an outline of what will happen to property gained during a marriage, while also outlining each spouse’s separate property prior to the marriage. It’s a great way to protect your assets, and does not have to have the stigma it carries when both people enter into it with the mindset of it being a business agreement.

Prenuptial Agreements in High-Net-Worth Marriages

Often when a couple comes together, and both parties already have established high net worth individually, it’s crucial that a prenuptial agreement is drafted. A licensed family law attorney can help you put together a prenuptial agreement if you and your spouse want to go down that route. It is also advised that you both seek your own personal attorneys for the drafting of this document, so that both parties are able to feel they’ve come to that agreement on their own terms. Though divorce is often a very emotionally draining situation, in high-net-worth divorces a prenuptial agreement can help it from becoming an even more bitter debacle.

Prenuptial Agreement Mistakes

When drafting a prenuptial agreement, it’s important to remember that it can be ruled as “invalid” if there are mistakes. Here are some mistakes that you’ll want to avoid. It’s also recommended that you work with a family law attorney to avoid these mistakes:

  • Same Legal Representation – Each spouse should have his or her own attorney. An attorney will explain everything contained in the prenuptial agreement independently of the other spouse. Working with separate attorneys ensures the final agreement is signed voluntarily, and neither spouse feels pressured to sign.
  • Signed Under Duress – “Under duress” means a under pressure or under the influence of drugs or alcohol. A prenuptial agreement can be found invalid if one party signed under duress and did not have the mental capacity to understand what they were signing.
  • Signed Too Close to the Wedding – A prenuptial should be signed one to three months prior to the wedding. If not, it’s easy for a party to argue later on that they were  coerced into signing. Each spouse should have time to deliberate on the agreement before signing.
  • No Full Disclosure – Disclose all assets and debts.
  • Child Support Provisions – Child support and custody should not be a part of a prenuptial agreement.
  • Biased – The prenuptial agreement should not show any bias to one party.
  • Unenforceable Provisions – Unusual provisions such as one spouse is responsible for dishes can deem an agreement unenforceable.
  • Oral Agreement – A prenuptial agreement must be in written form to be valid. Each spouse and each spouse’s attorney should have a copy.
  • Ambiguous Writing –  Ambiguous wording can be challenged in court. Make sure the writing is all clear and concise.

In cases such as the Villas,’ under a prenuptial agreement, if the condo was obtained during the course of the marriage, it would indeed be considered “community property,” and thus subject to Cristina’s approval for the sale. During a divorce (and a marriage) it’s important to be aware of what is considered “community” and “separate” property.

Marital Property Division

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.

Court Decision

If you are not able to settle how the marital property will be divided through mediation or collaborative law, a court will decide how this property will be divided. A judge will sign off on the agreement once it has been determined. Until that point, any marital property will belong to both of you, regardless of who is living in it, using it, or has control of it.

Other Considerations

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

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

No Fault Divorce Laws

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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.

Working with a Divorce Attorney

It’s always advised that you 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

 

 

Categories
Divorce Family Law High Net-Worth Divorce

Dempsey Cancels Divorce

It looks like Patrick Dempsey and his wife Jillian are no longer getting the divorce they filed for over a year ago.

Dempsey Cancels Divorce

According to a source, the Grey’s Anatomy star and his wife of 15 years, Jillian (nee Fink) have been working to reconcile their marriage. The same source says the divorce plan has been cancelled. “For the past year, Patrick and Jillian have been working on getting to where they are right now. They are not dating anyone else, and only each other,” the source told People magazine. “There are no more divorce plans. Patrick and Jillian plan on being a family again.”

The two filed last January, but according to the source, “The divorce made Patrick miserable. It was definitely a wakeup call.”

It seems Jillian’s recent Instagram of the two together, celebrating Patrick’s 50th birthday confirms that the divorce is off.

The couple shares three children: Tallula, 13, and twins Sullivan and Darby, 8.

Cancelling a Divorce

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Just because a couple begins divorce proceedings, that does not mean they have to continue and complete a divorce. In fact, a divorce can even be called off once all the paperwork has been filed.

Stopping a divorce once the paperwork has been filed is dependent on the intentions of both spouses. Namely, both spouses need to agree why the divorce is being cancelled. Both spouses also need to agree to get back together and officially cancel the divorce.

The next consideration is where the paperwork is in the process of the filing. If a judgment has not been formally issued then the parties can stop the divorce upon mutual agreement. Naturally, it’s better to stop the divorce earlier in the process, rather than once it has gone through the majority of the process.

Request to Withdraw Divorce Petition

If both parties have agreed to cancel the divorce, the couple next needs to file a request to withdraw their divorce petition. This may require additional filing fees and court costs, and may also require that the couple attends counseling or mediation so that a court can determine if the decision to cancel the divorce is not only mutual, but based on a sound agreement.

Finalizing Withdrawal

Once the withdrawal is finalized, all divorce proceedings are cancelled, and the couple remains legally married. Property returns to being considered community property and any child custody agreements are cancelled.

Issues to Consider

There are some additional considerations to take if you wish to stop the divorce hearings. They include the following:

  • A spouses can change his or her mind at any point and continue with the divorce
  • Were there any reasons for why a spouse might have considered full custody, such as abuse or neglect? Do these issues need to be resolved before the couple can continue their marriage?

Pretending to Stop the Divorce

Sometimes a couple will pretend to stop the divorce in an attempt to delay the finalization of the divorce. This can be for any number of reasons. Falsely attempting to cancel a divorce may be considered divorce fraud and will be subject to investigation. The party attempting to falsely stop a divorce may face legal consequences, such as contempt of court or even criminal charges. This is why a court will often require counseling or mediation in order to determine that the couple actually wants to continue their marriage.

Working with a Lawyer to Stop a Divorce After Filing

It’s always advised that you work with a family law attorney when it comes to divorce, or stopping your divorce. There are several issues that might arise that a lawyer will be able to provide advice for.

Another Option – Legal Separation

While divorce might seem like the only option, remember that legal separation is also available. Legal separation allows couples to live apart and take a “break” from each other, while also ensuring that each spouse’s legal rights are protected via a legal separation agreement. Legal separations can also be called: “judicial separation”, “separate maintenance”, “divorce a mensa et thoro“, or “divorce from bed-and-board.” All these terms refer to the legal process by which a married couple formalizes a de facto separation while remaining legally married.

Formal Legal Separation Agreement

It’s always advised that you sign a formal legal separation agreement. This agreement outlines child support and visitation, property division, and any other aspect of a marriage.  An attorney will be able to prepare this legal and binding document. This will offer you legal protection should your spouse fail to live up to his or her obligations and will also also hold up in court.

The following should be included in the legal separation agreement:

Spousal Support

Benefits – With legal separation spouses are able to retain certain benefits that were available during the marriage, such as health insurance.

Home Residency – If a couple shares a home, it should be decided at this time what will happen to the residency during the separation. The agreement should include information regarding who is able to live in the home, who is responsible for maintaining the home, and who is financially handling the home.

Joint Accounts – A legal separation agreement outlines who has access to those joint accounts such as joint checking, savings, and credit accounts. It’s often advised to close or freeze these accounts during the separation. Each spouse will then need to obtain their own personal accounts.

Protection from Acquired Debt – A legal separation agreement will shield you from being responsible for debt acquired during the time of the legal separation.

Why Pursue Legal Separation?

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There are advantages with legal separation, including:

  • Spouses are able to maintain benefits such as a spouse’s health care plan or military benefits.
  • Staying legally married for 10 years allows couples certain social security benefits.
  • The separation period allows for a “cool off time,” during which parties can work to resolve their differences. Couples can then decide to either pursue a divorce or resume the marriage.
  • In some religions divorce is not allowed or recognized. Legal separation allows these religious couples to live separate lives while still remaining married and true their faith.
  • Legal separation can be used to solve immediate problems in couples who are uncertain about moving forward with divorce.

Steps to Follow for Legal Separation

Here are the steps you will take to acquire a legal separation:

  • Consider working with a family law attorney that can advise you on all the necessary steps of your legal separation.
  • You and your spouse will need to decide on grounds for the separation
  • Fill out a Form FL-100 Petition. This form includes options for divorce (dissolution of marriage) or legal separation.
  • If you have children under 18, you will need to complete Form FL-105/GC-120 which provides information to the court regarding children.
  • File Form FL-100 at your local county court. Pay any necessary fees. If you receive public benefits or have low income, you might be eligible for a fee waiver.
  • Serve your spouse with a copy of the court papers if they were not filed together. There will need to be proof of the serving, which can be done through various means such as a process server. A family law attorney can advise you on how to obtain this proof.

Moving Forward with Divorce

If following your legal separation you and your spouse decide to move forward with a divorce, you will still need to file a divorce petition and go through the formal divorce process. Since a legal separation agreement has already been created and you mutually agree all aspects of your marriage, chances are you will be able to file an uncontested divorce. If there are still unresolved issues, you might decide you need a court’s help to come to a decision. It’s important to remember though that just because you are legally separated, that does not mean you are officially divorced. A judge will need to sign off on the final divorce papers and agreement before you can declare yourself “single.”

Working with a Divorce Attorney

It’s always advised that you 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

 

 

 

 

 

 

 

 

 

Categories
Child Custody Child Support Child Visitation Divorce Family Law High Net-Worth Divorce

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

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

Children, Sports, and the Increasing Number of Brain Injuries

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

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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

 

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

Divorce and Your Bank Account

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

Negotiation versus Litigation in a Slip and Fall Case

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?

Keep a Journal in Your Personal Injury Case

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:

  1. Identify the assets owned by you and your spouse
  2. Categorize all assets as marital or non-marital property
  3. A value will need to be assigned to the assets
  4. 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.

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

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

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Divorce Family Law High Net-Worth Divorce Spousal Support

Cuoco and Sweeting: A Lesson in Spousal Support

It looks like Kaley Cuoco, star of The Big Bang Theory, might have to pay spousal support to ex, Ryan Sweeting.

Cuoco and Sweeting: A Lesson in Spousal Support

Cuoco, 29, earns an estimated $1 million an episode, and now it looks like her Tennis pro ex, Sweeting, 28, has filed for a piece of those earnings. The two filed for divorce just three weeks ago following a 21-month marriage.  Read on to learn more about what spousal support is and how long the payments can last.

Understanding 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.

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.

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.

When You Might Consider a Lawyer for Personal Injury Claims

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. Often times it is award because it’s assumed that the recipient spouse took on the “house” aspect of the family, while the paying spouse went to work. But the goal is for the recipient spouse to eventually become self-supporting. 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:

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  • 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 or 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.

Cohabitation

Cohabitation is an arrangement where two people who are not married live together in an emotionally and/or sexually intimate relationship on a long-term or permanent basis. Typically, this term refers to unmarried couples who live together without formally registering their relation as a marriage. This type of arrangement can affect a spousal support agreement, as it is often deemed that a person living with a new partner has a reduced need for support.

Depending on your state:

• Your spousal support can be reduced or terminated upon cohabitation only if the cohabitation significantly decreases a recipient’s need for support.

• Your spousal support will be terminated regardless of whether the recipient’s economic need is diminished by cohabiting.

• Your spousal support will not be affected should the recipient of the support begin living with someone else.

You’ll want to work with a family law attorney in your state to ensure you understand the rules about cohabitation and spousal support payments.

Tax Effects

Periodic spousal support payments are typically taxable for the recipient and tax-deductible by the payer. During a divorce agreement couples often create their own settlement agreements to take advantage of this situation. Payments are structured to create the best possible tax scenario for both spouses. If there are children involved in the divorce, child support payments and their tax exemptions are also considered to ensure that both spouses receive the best tax benefits possible. There are usually no tax consequences for single lump-sum support payments.

Spousal Support Help

Working with a family law attorney can help you understand the process of awarding and receiving spousal support. Many of the laws are specific to the state you will be divorcing in, so it’s important you work with a lawyer that is knowledgeable about your state’s laws.

A Family Law Attorney

But 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