Archive for the ‘ Family Law ’ Category

Alimony After Remarriage?

Posted on: August 5, 2015 by in Blog, Family Law
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Orange County family law attorney

When couples divorce in California, the court will frequently order one spouse to pay alimony (also called “spousal support”) to the other spouse. When the spouse who receives the spousal support payments remarries, he or she probably no longer needs financial assistance, and the paying spouse will usually be able to end the support payments. If you are divorcing in southern California, or if you have any questions or concerns regarding alimony or the impact of remarriage on alimony, take those concerns promptly to an experienced Orange County family law attorney.

Spousal support in California is usually a monthly payment, but it may also be paid as a lump sum, by a transfer of property, or by the direct payment of other expenses such as a mortgage. California courts order precise alimony amounts based on each partner’s financial condition after the division of marital property. Either ex-partner may subsequently request a modification or an end to spousal support payments. California courts normally want to see a substantial change in at least one ex-spouse’s circumstances before ordering a modification or a halt to the payments. When an ex-spouse receiving support remarries, alimony ends automatically unless the divorce settlement specifies otherwise. However, if an ex-spouse receiving support is cohabiting, the paying ex-partner must request from the court a modification of the spousal assistance order. You’ll need an attorney’s help to make that request.

On the other hand, if you need to receive spousal support payments, a number of factors must be considered. On either side of any spousal support dispute, having the dedication and knowledge of an experienced California family law attorney is imperative if you’re seeking a just and impartial decision from the court. Before you enter into any divorce proceeding or alimony dispute in southern California – and before you take any other action – retain first the advice and services of an experienced Orange County family law attorney.


What Is A Child Custody Evaluation?

Posted on: May 18, 2015 by in Blog, Family Law
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Orange County divorce attorney

If you are divorcing in California and you anticipate a dispute regarding the custody of your children, you’ll need knowledgeable, high-quality legal representation as early as possible in the divorce process. Get the help you need by contacting an experienced Orange County divorce attorney. In California child tutelage disputes, a child custody evaluation (sometimes called a “730 evaluation”) is a formal investigation of parents and their children by a court-designated mental health professional. A child tutelage evaluation concludes with a report about the family and a suggestion for a custody and parenting plan. California courts order child tutelage evaluations to obtain an objective, neutral professional’s perspective on the family, the parenting abilities of the parents, and the child’s needs. A child custody evaluation includes:

  • individual interviews of each parent and child
  • interviews of each child with each parent
  • psychological testing of the parents and children
  • a visit to each parent’s home
  • a review of any pertinent documents
  • interviews with third parties when appropriate

A child custody evaluation can take as long as six months to complete. You’ll be under scrutiny the entire time and expected to maintain a high standard of good parenting. The courts are ordering youngster custody evaluations more frequently in recent years. Originally such evaluations were ordered only in the most acrimoniously disputed cases, but judges more recently have come to rely on the evaluations for guidance regarding what is in the best interests of the children of divorce. A youngster tutelage expert’s opinion gives a judge more confidence that he or she is making the right decisions. Judges frequently accept and implement the suggested tutelage and parenting plans with few if any changes.

No process is more important in a tutelage dispute than the youngster custody evaluation. Be sure that in any custody dispute in southern California, you are represented by a knowledgeable, trustworthy, and experienced Orange County divorce attorney. If you are divorcing or anticipating divorce, make the call now.