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.
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.
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.
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.
In a divorce case in California, or anywhere else in the United States, children frequently suffer more than anyone. The situation becomes very difficult when the parents get involved in a long, drawn-out battle involving child support and child custody. Many California residents may be aware that there are two types of child custody -- physical custody and legal custody.
As many California residents might know, a divorce typically provides life-changing implications for a couple. Two people who were once living in close proximity are now separated with lasting, sometimes, detrimental, effects to each partner's financial situation. For instance, if a divorce involves children, then issues involving child support and visitation must be settled. Alimony or spousal support is also another financial issue to be decided with a deeper impact if this financial determination involves a high-profile couple with high marital assets.
For the vast majority of divorces involving minor children, child support from the noncustodial parent is necessary to cover the expenses of raising a child, including education, health care and various everyday expenses. Too many custodial parents across the country, including many in California, face financial difficulties when court-ordered child support payments are not made on time. To address this concern and to bolster state efforts to ensure support collection, federal laws address the most serious cases of nonpayment.
Some residents of Oakland, California, may be unaware that California divorce law designates it a community property state and in the event of a divorce, assets are distributed equitably between the couple. In a community property state, all assets acquired during the marriage are considered marital property and are equitably distributed.
Visitors to this website might recall a previous post that discussed the lower costs of collaborative divorce compared with the more traditional contested divorce that must be litigated. The blog post also noted that the high costs of contested divorce keep many couples in unpleasant marriages. This phenomenon is true throughout California and many other states.
Bay Area residents who visited our website may remember a previous post about grandparents' visitation rights under California law. The post discussed the circumstances in which grandparents can file for visitation rights and the factors courts will consider when granting those rights in a child custody case. In this post, we talk about how a grandparent can file a court petition to uphold and exercise those rights.