San Diego Divorce Attorneys Blog
Understanding How California Determines Spousal Support Payments
Spousal support can be an important part of your California divorce, helping the spouse with a lower income maintain financial stability during and after separation. It’s important for the paying and receiving spouse to understand how California determines spousal support payments.
The court may award temporary support during the divorce or long-term support following divorce. The length of the marriage, both spouses’ income and earning potential, and other factors will play a role in the court’s decision. Understanding the types of spousal support and calculation methods will allow you to be prepared for negotiation and litigation.
Families today don’t always follow the “Mom-Dad-Kids” template. Around San Diego, you’ll find LGBTQ+ co-parents, polyamorous families, platonic co-parents, cohabiting exes, stepparent blends, and chosen families of every kind. Yet, California’s legal framework, which is built largely for traditional two-parent, biological scenarios, can leave these modern families vulnerable.
When a marriage ends, one of the hardest questions for separating parents is: where will the children call home? The traditional model usually means kids split their time between two households, which can create an upheaval in routines, friendships, and emotional stability. However, a growing trend known as birdnesting (or “nesting”) changes that dynamic.
California Family Court is conscious of the need for assistance and programs that address the issues of domestic violence. At the same time, whenever possible, they want to allow every child to have the opportunity to have a relationship with both parents, despite the presence of domestic violence. The interest of the child must be held paramount to all other considerations, as well as the protection of the child’s primary caregiver.
For many parents who disagree on child custody, family law mediation can be a step in the right direction. Mediation is a last-chance effort to establish agreeable terms and avoid litigation.
After you finalize a divorce, the hope is that you won’t have to deal with issues with your ex-spouse any longer. Unfortunately, divorce isn’t always the end for some people. This can be especially true when children are involved. If you were married with minor children, it’s likely that child custody came up as a term of the divorce. If you’re struggling with the terms of your child custody outcome, here are several tips for navigating disputes in California.
You’ve been served divorce papers, and you’re not sure what to do next. Navigating a divorce can be stressful and confusing due to the emotional implications of the process alone. Moreover, every divorce is different, so it can be difficult to know what to expect out of the process. Depending on the unique facets of your marriage, divorce settlements can involve any number of terms and conditions.
After you finalize a divorce, you want to believe that it’s the end of overcoming challenges with your ex-spouse. Unfortunately, this isn’t always the case, especially if children are involved. If your ex-spouse is not following the terms of your divorce, contact a California family law attorney. A trusted family lawyer can help you figure out how to proceed with certain situations, such as what to do if your ex-spouse is not paying spousal support in California.