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May 2015 Archives

Spousal support during property division after divorce

People in California who have gone through a divorce know about the different financial issues that are common to most divorces. Spousal support and property division, for example, are issues in many California divorces. With regard to spousal support, one party can request a temporary spousal support order, which can become final once the separation judgment is issued by the court.

Recovering assets provided by a family law judgment

Divorced spouses in California may be aware that it is their responsibility to collect the money that they are entitled to from a divorce judgment. The family law court plays no role in the collection of assets or money that a spouse is due from property division proceedings. The recipient may seek collection as soon as the judgment has been entered by the court and if no injunction or stay order has been issued regarding the payment.

How a California court works in a child support case

Divorced spouses in California, who have filed for child support, may be interested to know what role the court plays in determining a child support order. Generally, the judge in a family court is the final authority in determining the child support amount and passing a child support order. The Local Child Support Agency may ask the court to issue a new order or modify an existing order, depending on the circumstances. If there is already an existing child support order, the LCSA can enforce it on behalf of the complainant. In other cases, the LCSA initiates the process of generating a child support order.

Litigation aside, there are ways to resolve divorce legal issues

Divorce litigation sometimes turns into a bitter courtroom battle, and the family may have to withstand a lot of emotional and financial stress. Therefore, a spouse in California who intends to file for divorce may consider looking at the other options, besides litigation, that offer settlements outside of a courtroom. The court may sanction a divorce, without considering the impact that it may have on the people involved. Therefore, if the issues that lead to the separation can be resolved outside of court, it may save the family from potential financial and emotional stress.

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John T. Chamberlin, Attorney at Law
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