San Francisco Family Law Blog

The wedding date is on the calendar, the ceremony plans are well underway and the excitement has fully settled in. At this stage, most California couples would likely ask, what could go wrong? Needless to say, it be difficult to contain one's elated feelings during such big life changes, but there are often details of the marriage process that get left behind. The below information explains the steps of a premarital agreement, as well as the importance of completing these documents. 

A premarital agreement, as defined by The Knot, outlines a couple's financial plan for marriage through a legal lens. Of course, discussion of divorce is probably the last topic future newlyweds would prefer to discuss, but The Knot reminds readers that it is crucial to communiate openly during this process. Avoiding this talk might only invite complications in the future. In a similar vein, rushing this procedure could make way for trouble. Placing emotions momentarily to the side to discuss these vital steps can leave more room for the enjoyable aspects of the union itself. 

Many Californians assume that divorces without children involved generally see smooth sailing. While this observation is true in some cases, determining spousal support after divorce can be an incredibly complex process. It can be helpful to not only clarify common terms in this procedure, but to learn more about state-specific guidelines when it comes to spousal support. 

In sum, Findlaw explains that alimony is a process in which the court awards spousal support from one ex-partner to another in attempts to balance out any unfair economic effects of the separation. A couple may decide an alimony plan, or the decision may go to the court. Findlaw points out that one reason determining alimony can become more difficult than child support lies in the broad guidelines applied to spousal support in most states. Most courts refer to the Uniform Marriage and Divorce Act to best decide on an alimony plan, ultimately considering aspects such as a spouse's age, emotional state, physical condition and financial condition. Courts may also consider the length of the marriage, as well as the couple's standard of living.

Monthly alimony payments can be a double-edged sword. You want the money but would rather not have the reminder of a failed marriage at the first of every month. Even more than the reminder, you do not want to worry about whether you will receive a support payment this month, or next month or the month after. Do you have any options in a California divorce?

Yes, you do have an option, according to FindLaw. You can receive one lump-sum payment in lieu of monthly payments. All of the alimony due would then be given to you up front, releasing the payer from all future payments. There is no bargaining the price down, either; the lump sum must be equal to the total of all monthly payments.

Many Californians are aware of the stigma attached to one's failure to pay child support. However, those experiencing issues with regular payments know the severity of the situation; after all, a child's entire wellbeing could be placed on the line with only a few missed monthly payments. Despite the seriousness of this issue, there are some shocking truths to today's child support system that could help clarify current obstacles. 

According to the Washington Post, failure to pay child support could result in a vicious cycle. With almost one in four children in the U.S. under some type of child support plan, only 62 percent actually receive financial assistance. Acknowledging the stereotype of "deadbeat parent," The Post reveals through recent research that poorer states have higher rates of missed child support payments. Poverty and child support collection rates have worked in tandem to create a debilitating cycle of financial worry for countless families. While enforcement of payment is certainly necessary, financial struggle ultimately affects the most important group of this process: the children.