John T. ChamberlinAttorney at Law
Initial Consultation - Call Now

Pleasanton Family Law Blog

How does a vocational skills counselor impact spousal support?

When a California couple gets a divorce, one of the concerns that will be important is the possibility of spousal support. Alternatively referred to as alimony, this is a frequently contentious issue with a spouse being ordered to pay for the other spouse's upkeep until that spouse can self-support. It could last for an extended period. Many factors go into determining how much the spousal support will be and its duration. One issue that many might not be aware of is the possibility that the court will order the prospective supported spouse to take part in an examination with a vocational training counselor. Understanding what the law says about this possibility is important to a case.

In the examination, the counselor will assess the person's capabilities to gain employment that would let that person maintain the lifestyle from the standard of living during the marriage. This is only allowable when there is good cause and is done by motion. The party will be given notice as to the examination as will other parties. The location, conditions, what will be covered and more will be specified.

How does the length of the marriage impact spousal support?

There are many factors that will be important when a judge makes various decisions in a California divorce case. The divorce legal issues are vast and can impact multiple areas of the couple's life. Particularly contentious is spousal support. Perhaps the spouse who is set to be ordered to pay does not feel the amount the supported spouse is asking for is fair. The supported spouse might view things in the exact opposite frame. One factor that will be part of the process is the length of the marriage and how that fits in with how much will be paid.

Before thinking about how much will be ordered, it is imperative to remember that the idea behind spousal support is that the supported spouse will eventually be able to self-support within a reasonable time-period. When determining what a reasonable time-period is, it might be half the amount of time the couple was married. The judge maintains the ability to decide differently depending on the case's circumstances.

Hollywood couple heads to court over child custody dispute

Although California is a hotbed for Hollywood celebrity and there are many people who are prominent and in the public eye, most divorces and child custody battles involve "regular" people who do not have their every move documented in the media. However, there is value in examining how family law issues are played out with well-known people to have an idea of what to expect when there is a divorce or child custody dispute for the workaday person. Regardless of whether it is a famous couple or not, having legal assistance is one of the most important aspects of a successful resolution.

The movie stars Brad Pitt and Angelina Jolie have had an ongoing dispute regarding their divorce and custody of the six children they share. The case is set to go to court before the end of 2018. The couple is estranged and a retired judge has been named as the temporary judge in the case. He will oversee the pretrial motions, requests and issues. In addition, he will handle the custody case.

Are reimbursements for education possible in California divorce?

Property division is a frequent topic for dispute in a California divorce. While the law is relatively clear on basic matters regarding this issue in the state, there are always areas of nuance that might be somewhat confusing. One that might arise and should be understood is if one spouse contributed to the education of the other spouse and if, at the end of a marriage, there can be reimbursement for this as part of the settlement. Knowing what the law says about this issue is critical for both parties.

If there were payments made with property - quasi-community or community - and it was for education or training or to repay a loan for education or training, it is possible that there can be reimbursement. This is true whether it occurred while they resided in the state or not. There are limitations regarding reimbursement. There will be community reimbursement for these educational or training contributions if they provided substantial enhancements to the party's earning capacity. The amount will be paid with interest at the current legal rate from the conclusion of the calendar year when they were made. If there was a loan taken during the marriage and it was for education and training, it will not be part of community liabilities, but will be assigned to be paid by the party who took it out.

Signs that it might be time to file for divorce

In most situations, divorce is a hard decision to make. Many people agonize over such a decision for months or even years before taking the first step toward ending a marriage.

For some people, the decision to divorce develops over time as they realize they no longer love their partner. For others, there are some definitive signs. In these kinds of situations, staying in the marriage might be far more detrimental than getting divorced.

Options if there is dissatisfaction with a child support agency

California parents who have ended their relationship and are in a dispute over child support will need to deal with the appropriate child support agency. When the case is resolved, that does not necessarily mean it is over. The supporting parent and the receiving parent might be displeased with the way the case was handled individually or both parties might be unhappy with it. It is important to understand what steps can be taken when filing a complaint and if there can be a state hearing.

There are certain actions or failure to act for which the parent can ask for a state hearing. If there is an application for a parent to receive child support services and there was a denial or the necessary timeframe was not adhered to, it is cause for complaint. If there was an action, but it violates the law or regulations or was not done in the appropriate timeframe, there can be a complaint - this can include establishing, modifying or enforcing a child support order.

Will I be asked to put money into an account for child support?

It is not unusual for there to be a dispute over a variety of issues when there is a divorce in California. The impact of a divorce can be extensive and require people to take certain steps to handle situations such as child support. The state will want to make certain that there is a reasonable amount of certainty that the child support will be paid in full and on time. One way they will do this is to order a supporting parent - the obligor - to deposit money as a security deposit or into an account specifically for child support. Understanding the law as to when this will be done and the amounts required is an important part of a case and both parties should understand it.

When there is an order to pay child support, the supporting parent might be required to pay as much as one year's child support immediately. This is called the "child support security deposit." It can also be less depending on when the order of support will terminate. The court can also require that there be a trust account unless this is waived by the receiving parent. The court can decide not to do this once it finds that there is a child support trust account that is sufficiently funded or sufficient security has been paid.

A same-sex divorce needs legal advice like any family law case

Although same-sex marriage is now legal across the country and California was at the forefront of granting these couples the same rights to marry as anyone else, a divorce in these cases can still spark confusion as to how they can be handled. Having legal advice when a same-sex couple decides to part ways is critical whether there is a legal separation, a divorce, there are children involved, property division is an issue and much more.

A marriage between a man and a woman will have certain complex factors when they decide to end the marriage. A same-sex marriage can be even more difficult to navigate. For example, when there are children, they might have been adopted with neither partner being biologically linked to the child. Or one of the partners might have been the biological parent and believe that the child belongs with them. Understanding the law when this child custody issue is assessed is crucial to resolving it. Similarly, this can impact spousal support, child support and visitation rights.

How can I get long-term spousal support in California?

When spousal support - also referred to as alimony - is determined in California, one of the biggest questions that both the prospective supporting former spouse and the supported former spouse will have surrounds the length of time for which it must be paid. Many who are receiving spousal support will want it to continue permanently or at least for the long-term. The paying spouse will want a gauge as to when it will conclude. Understanding how a judge will decide on the payments and how long they will last is integral to a case.

The decision as to the time-period for which spousal support will be paid will be made in the final judgment. Unlike other aspects of a divorce, a formula is not used in these circumstances. There are certain factors that the judge will consider instead. They include: how long the couple was married; the needs of each party based on the standard of living during the marriage; what each will pay and can pay to maintain that standard of living; if working will have a negative impact on caring for children; the age and health status of the parties; and if there is property and debts.

Do felons have the right to retain custody of their kids?

If you get convicted of a felony here in California, what impact does that have on your rights to custody of your children? A felony conviction does not necessarily preclude a parent's retaining custody of their kids — but it definitely could have an adverse effect.

Part of the problem is the logistics. Most — but not all — convicted felons will spend some time in jail. However, with the overcrowded prison system here in California, they may wind up actually spending only a short time behind bars.

Schedule A Consultation Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

John T. Chamberlin, Attorney at Law
699 Peters Avenue
Suite C
Pleasanton, CA 94566

Phone: 925-271-5650
Fax: 925-462-0837
Map & Directions

Visa | MasterCard | American Express