San Francisco Family Law Blog

If you and your spouse or domestic partner have one of California’s many blended families, you may have thought about adopting each other’s children so as to make the parent-child relationships legal as well as factual. The State of California is ready and willing to help you achieve your dream of stepparent adoption by making the process as easy as possible.

California has two different stepparent adoption processes. The stepparent adoption to confirm parentage process applies if (1) you were married to or in a registered domestic partnership with one of the child’s birth parents at the time of the birth; and (2) you and the birth parent are still married or registered domestic partners. The regular stepparent/domestic partner adoption process applies in all other situations.

No matter what type of expense may arise, financial support in a child custody arrangement can be crucial. California parents who are experiencing difficulties in receiving the proper amount of payments - or support altogether - have valid concerns for their children. Timely payments may not seem a major aspect of a child support process, but just one missed payment could place a child's health, educational goals and even safety on the line. 

One common challenge for struggling parents involves the details of child support laws. The U.S. Department of Health and Human Services provides an accessible brochure on collecting child support, stating that the primary focus of a state's child support program is to ensure that children receive regular payments and the correct amounts. While each state may have varying forms of financial planning, Congress enforces an immediate income withholding in all child support orders. Unless a parent proves they are unable to make payments, they could face withholding through income tax, social security or payroll deduction. Child support offices may require further action if a parent fails to send child support payments entirely. 

When divorce is inevitable, child custody matters will be top of mind. You and your soon-to-be ex will want to devise a good parenting plan.

Give this your best effort because it will become a court order once each of you signs it, the judge signs it and the document is filed with the court.

There are many benefits to having a living trust but, as with any legal document, it requires careful planning. In this article, you'll learn exactly what a living trust is, and explore five basic steps you should consider when establishing your own living trust.

The basics

A living trust is a legal entity that can own property and direct distribution of that property after a person's death, or if they become incapacitated.

One of the primary benefits of a living trust is that it isn't subject to probate, or its associated costs and delays.

If you establish a trust, you (known as the grantor) appoint yourself as the initial trustee and primary beneficiary of the trust. You retain full and complete control over the property during your lifetime. In the living trust document, you appoint the individual(s) and/or entities that will take on the role as successor trustee when you can no longer act as the initial trustee. The trustee manages and distributes the trust assets according to the terms of the trust.

TERM: Probate When a person dies, the property from his estate can be transferred to the intended beneficiaries via a will. Probate is the process of properly transferring the estate to the rightful beneficiaries. This process is also used to collect any taxes due on the transfer of the property.

Does a living trust take the place of a will?

A living trust is sometimes referred to as a "will substitute." Although, in some respects, it does take the place of a will, a will is still usually necessary to distribute assets outside the trust, and to nominate guardians for minor children.

So why should you consider a living trust if you probably need a will, anyway? Because it only becomes effective at your death, a will does not avoid probate and does not protect you or the management of your assets in the event of your incapacity.