The post Understanding spousal support appeared first on Ruben Law Firm.
]]>Each spouse should find the answers to some pertinent questions. What are the factors that determine spousal support? If an order is issued, how long will it last? Can a spousal support order ever be changed? The spouse requesting support must have a good reason or a need for seeking support. Before approving or denying a request, a family court judge will evaluate the following and more:
California offers various types of spousal support: temporary, rehabilitative, permanent, reimbursement and lump sum. They are intended for different cases and can last for a specified amount of time or indefinitely. A lump sum is exactly that — a payor can pay the full amount of the support order upfront rather than monthly. Spousal support orders may qualify for modifications should circumstances change, but requests must also go through the court and be formally approved.
Whether a San Francisco resident is seeking spousal support, is concerned about paying it or would like an adjustment to a current order, he or she does not have to wade through the issues alone. With the right independent legal help, a support order can be fashioned that best suits one’s individual situation.
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]]>The post Child custody problems during the holidays appeared first on Ruben Law Firm.
]]>If the thought of sending your kids away to their other parent’s house is more than you can bear, there may be alternative options available. You and your spouse are able to devise a co-parenting agreement as you see fit, which means you could agree to alternate years or occasions so that each of you has a full day and night with your children when the time comes. For instance, if you spend Christmas Day with your children this year, your ex can spend it with them next year.
It’s likely that both you and your ex will want to purchase gifts for your children during the holidays. You can prevent disputes by discussing everything ahead of time and putting your plans in writing. Will you share expenses or simply cover costs for your own purchases?
It’s also helpful to let each other know what gifts you plan to buy so that your kids don’t receive duplicate gifts on Christmas Day. If you and your ex get along well, you might agree to go in together on all gifts. In fact, you might both agree to be present when your kids open their gifts, so that they can have their whole family together under one roof on a holiday.
Co-parent cooperation is the key to a less stressful post-divorce holiday season. Nothing can squelch holiday cheer like legal problems. If your ex is purposely disregarding a court order, such as not transferring custody at the agreed-upon place and time, you can bring the matter to the court’s immediate attention.
Holidays or no holidays, your ex must adhere to the terms of a child custody order. If one wishes to modify the order, he or she must file a petition in court to request a change, and no change may occur unless and until the court grants the request. Your first holiday season after divorce will be less stressful if you are aware of your rights and know how to protect your children’s best interests.
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]]>The post Property division during a divorce can get confusing appeared first on Ruben Law Firm.
]]>A home is not the only thing included in community property, as it also includes all income either spouse received during the marriage and any goods bought with that money. Vehicles, antiques, fine art and the like, could be included on the list of shared assets. It’s also the same with debts incurred during the marriage. Additionally, if one spouse owns a business, a portion of it might be considered to be community property if there was an increase in the value of the business during the marriage or if contributions to it were made by both spouses.
If one spouse owns property separate from his or her spouse and that property has been comingled with community property during the marriage, this property might also be thought of as community property in whole or in part. These type of issues can get confusing and can be challenging to understand. Things can become more so when divorcing spouses can’t agree on how to split assets and debts.
A San Francisco family law attorney experienced in property division may be able to help in these situations. Each spouse might do well to seek the independent advice of such as lawyer. Not only can this increase one’s odds of achieving the best possible outcome from his or her divorce, it can provide much needed peace of mind during these challenging times as well.
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]]>The post How a judge is likely to determine child custody appeared first on Ruben Law Firm.
]]>The following are some things a family court judge will likely consider when making issuing a child custody order:
Judges usually like to allow for routines to continue that which children are familiar with. If a parent is thinking about relocating a child, he or she will have to show the judge why the move would be in the child’s best interest. Most judges also believe children do much better when they have positive relationships with both parents as long as abuse is not present.
When a San Francisco judge determines child custody, it can be a time of great stress for parents and children. A parent in this case may find the process less disquieting with the guidance of a lawyer. Seeking an attorney’s advice may increase a parent’s likelihood of achieving the best possible outcome from any type of child custody battle or dispute.
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]]>The post Mediation: Is it better to settle a divorce out of court? appeared first on Ruben Law Firm.
]]>When a couple can settle issues privately, it likely means less financial layout, less time expended and less stress. Litigation goes by the court’s calendar, and it could take months or more than a year to have a case heard. Most couples don’t want to drag the divorce out and want to be free to move forward in as little time as possible. It’s true that sitting across the table from a soon-to-be former spouse might not be a picnic in the park, but it is probably less stressful than going to court.
If one partner sincerely believes he or she is not being treated fairly during negotiations at the mediation table, going to court might be the best way to resolve issues. If parents can’t agree on child custody and/or child support, an impartial family court judge may have to make those difficult decisions. Sometimes, there is no getting around having to be at the mercy of the court clock.
When mediation is successful, it is to the benefit of both parties. With the help of independent legal counsel, mediation may work even when the issues are contentious. In any case, a lawyer can carefully determine whether going to court is worth the time, stress and the expense based on a couple’s individual circumstances.
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]]>The post The roll of 730 evaluations in child custody matters appeared first on Ruben Law Firm.
]]>A 730 evaluation might be ordered by a family court judge for a number of reasons. Here are a few of them:
In these cases, 730 evaluations can be made by psychologists, psychiatrists, licensed clinical social workers or family therapists. Professionals must be registered in California and must have finished necessary training. Evaluations may take weeks or even months depending on the circumstances since interviewing children and parents and others may be necessary.
Here are some things for parents to keep in mind when facing a 730 evaluation:
A parent in San Francisco needing to prepare for a 730 evaluation regarding child custody issues may benefit from first speaking with an attorney. These evaluations can be complex as well as stressful. An experienced lawyer can answer all of one’s questions and concerns while providing guidance throughout the process.
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]]>The post Protecting children amid a divorce appeared first on Ruben Law Firm.
]]>Kids need to be protected as much as possible from the negative effects of divorce. When parents work together to create a parenting plan that works for everyone, it’s the first step in the right direction. Children not only need consistency, support and love, they also need to have positive relationships with both parents, especially when they might be feeling vulnerable because of the divorce.
Professionals contend there are some strategies parents can use to help their kids adjust to their new lifestyle:
Children’s needs must come first as San Francisco parents go through the divorce process. As parents work on a co-parenting plan, they should keep in mind the goals of making the children feel loved and supported. Before writing a plan, each parent may wish to seek independent legal advice.
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]]>The post Mistakes in divorce you’ll want to avoid appeared first on Ruben Law Firm.
]]>It’s important to be as informed and well prepared as possible to negotiate or litigate a fair settlement. When doing so, there are several common mistakes, especially for people age 50 and beyond, that you’ll want to avoid.
Some married couples share all financial responsibilities equally. In other households, one spouse takes care of the money while the other focuses on other issues. This may have been the case in your own marriage, either by choice or because your spouse was a control freak who tried to keep you in the dark about financial matters.
If that’s so, you’ll want to make sure you update yourself on your financial status. Before going to court, it’s a good idea to compile a list of your assets and liabilities. How much money do you have in the bank? What’s the balance on your credit card? In order to protect your interests during property division proceedings, it’s imperative that you’re able to answer such questions.
If you have young children who have never lived anywhere except the house you and your ex shared during marriage, it’s understandable that you might want to stay there with your kids after your divorce. It’s best to crunch numbers on paper first, however, to see if staying in your current home would wind up causing you severe financial distress.
Divorce sparks a series of changes in life. It also has implications regarding your future tax returns and retirement programs, such as 401(k), and other important issues, such as car insurance and health insurance. If you’re not well versed on such issues, it may be difficult to know whether you’re getting a fair settlement.
Such issues may also influence your decisions as to whether you should request child support or alimony. The court always has children’s best interests in mind when making custody decisions. It’s important, however, for you to know ahead of time an estimated amount of money you’ll need to make ends meet and provide for your children as you move on in life after divorce.
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]]>The post Debunking the misinformation about prenups appeared first on Ruben Law Firm.
]]>There are many misconceptions regarding the prenup, namely that having one means the soon-to-be spouses believe they will divorce one day, and that’s not so. A prenup outlines the what if’s. It speaks to the division of assets in case a couple’s marriage should end. It is neither a bad omen nor a document just for the wealthy. It has been proven that a prenup can actually strengthen a relationship since it forces a couple to have frank discussions regarding the financial expectations of their marriage.
Some of the typical misconceptions about prenups include the following:
Prenuptial agreements aren’t for every San Francisco couple. But a couple that decides it is fitting for their situation will know that they have taken the time for planning their marriage as well as for planning their wedding. No one really knows what the future holds. If a couple with a prenuptial agreement in place does end up deciding to divorce, each person can be sure they have a fair agreement between them via a prenup.
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]]>The post How a 401(k) cash out can help in a divorce appeared first on Ruben Law Firm.
]]>There is a specific document that is commonly referred to as QDRO, which is needed in certain circumstances to divide 401k benefits or a retirement account in a divorce. This is a special order that is sent to a plan’s administrator so that a non-employee spouse receiving a portion of his or her ex’s benefits as part of a property settlement does not have to pay a penalty fee if he or she is under age 59 ½ and is taking an early cash out. Many people use such funds to help them start over in life after divorce.
Heading into property division proceedings can be stressful, especially if a spouse is concerned that his or her ex will try to hide assets. Both spouses must fully disclose any and all assets and liabilities. If a spouse were to try to hide a 401k account, it would amount to perjury, which is a crime.
If the spouse with a 401k account is ordered to use funds from the account to provide financial assistance to his or her ex or children, a “hardship distribution” allowance would enable him or her to do so without having to pay any applicable penalty fee. Consulting with an experienced family law attorney ahead of time is the easiest way for a concerned spouse to protect financial interests in a divorce. Many issues regarding retirement accounts or 401k benefits are complex, and having an attorney who is well-versed in the legal aspects of a divorce by one’s side in court can make the process less stressful.
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