The general rule is to divide property equally between spouses. However, there are several exceptions to this rule depending on the type of property. Before agreeing to any type of property division, talk to any attorney. There are three different approaches to division of property: In-Kind Division: Court divides each item, whereby each spouse is… Read More
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What type of property does the court divide?
Any property acquired during the marriage will be addressed in your divorce action. This includes real property, vehicles, bank accounts, retirement accounts, credit cards, life insurance policies, investment accounts, businesses, loans, jewelry, furniture, etc. All property, regardless of what name it is under, is addressed. For example, if you have a bank account that is… Read More
What is separate property?
Separate property is any property acquired before marriage or after separation. It also includes any property acquired during marriage if received as a gift or inheritance. Your spouse has no interest in your separate property unless community funds were paid towards the property.
What is community property?
Community property is any property acquired during the marriage, by either party. Typically, even property acquired in one spouse’s name during the marriage is community property. For example, if you spouse opens a credit card during the marriage but only puts their name on the account, the account is community property.
How is child support calculated if the other party refuses to work?
If the other parent refuses to work, you can request that the Court impute income based on their ability to work. If you want the Court to impute income that is above minimum wage, specific information regarding the other parent’s skills and available jobs are needed and must be presented to the Court. The Court… Read More
If I am ordered to pay child support for another child, does the Court take that into consideration?
Yes, court ordered child support for a child of a different relationship can be considered in the California guideline child support calculations. However, it must be pursuant to a court order for child support. If you are paying child support voluntarily, the California court does not have to take that into consideration when calculating child… Read More
Who gets to claim the children for tax purposes?
Typically, the parent who has the children the majority of the time gets to claim the children as a tax exemption and receive the corresponding deductions. If the other parent claims the minor children and is not the primary caregiver, contact the IRS and find out what information they need to refute the other parent’s… Read More
Can my spouse and I agree to waive child support forever?
The Court prohibits a complete waiver of child support but you can agree to set child support at $0 temporarily.
Does child support automatically terminate if I lose my job?
No! This is a common misconception among support payors. If you lose your job or have a decrease in income, you should consider filing a motion to modify the support order immediately. The Court only has the ability to make the modified support retroactive to the date you filed your motion. Thus, if you have… Read More
How do I enforce a child support order?
A wage garnishment is the best way to collect court ordered child support. This allows the child support payment to be deducted from the payor’s earnings. A separate form is required by the Court which then gets processed by the State Disbursement Unit. Other enforcement methods are available but it depends on the employment and… Read More
