In is important to understand child support is statutory and must be considered in every case involving children of divorce. The State of California family law code firmly establishes the responsibility of a legal parent to provide for their child(ren). California has established a complex child support guideline calculation which considers all sources of net income for both parents. The…
Divorce
Is Pet Custody Anything Like Child Custody in a Carlsbad Divorce
Is pet custody anything like child custody in a Carlsbad divorce case? How is the disposition of a pet decided during a divorce? The Governor signed a new law into effect late last year which provides some new standing in a California divorce. No, the pets are not considered equal to children. They are actually classified as property under California…
You are the Most Important Part of Your Divorce Case
It might surprise you to learn that you are the most important part of your divorce case. You know your former spouse much better than your attorney ever will. You know a lot more about all bank and investment accounts and liabilities and have access to important financial statements and information. You actually hold the keys to keeping the costs…
Principles Can Be Expensive in a Divorce
We often hear from our clients “…but it’s the principle of the issue…” during a case. It is important to understand principles can be expensive in a divorce and often aren’t even advantageous to our client’s case. While there issues which are important to place before the Court when other strategies have not succeeded, there are also times when the…
What Happens When a Business Asset in a Divorce is Losing Money?
What happens when a business asset in a divorce is losing money? In a North County San Diego divorce all assets of the parties must be divided according to California’s community property laws. This includes the ownership interests in a business or professional practice. Normally, the business would undergo an independent “valuation” to establish the value of the community’s ownership…
Can Child Support Be Based on More than Present Income?
Can child support be based on more than present income in a North County or Carlsbad divorce? California family law establishes clear guidelines for the calculation of child support. However, it is interesting to note that child support is not simply based upon present earnings for either spouse. The Court is to look at each spouse’s ability to pay and…
Can a College Education or Professional License be an Asset with Value in a Divorce?
Can a college education or professional license be an asset with value in a divorce? California has extensive case law regarding the value of an education or professional license that was obtained during the course of the marriage. California recognizes the sacrifice that both parties must make in order to complete an education or to obtain a professional license, especially…
How is Child Custody Decided in Carlsbad Divorce Cases
How is child custody decided in Carlsbad divorce cases? How do Carlsbad family law Courts approach the issues of child custody and parenting time? While we cannot speak for the courts, we can provide insight based upon decades of appearances before those courts in thousands of child custody cases. Many of these issues are determined by the divorcing spouses themselves…
Financial Impacts of a Divorce
What are the financial impacts of a divorce? California couples who are ending their marriage should be aware of the financial aspects of the decision. Understanding how the divorce will impact their finances can help people to plan ahead accordingly. One of the major issues in many divorces is determining which spouse will get the home and how the other…
The Division of a 401(k) in a Divorce
The division of a 401(k) in a divorce is a complex process. Specific paperwork must be prepared and orders issued by the judge. It is easy for those who represent themselves to miss this important aspect of a North County or Carlsbad divorce. Retirement accounts such as a 401(k) are often one of the largest assets in a North County…