How are Social Security Benefits Managed in a Carlsbad Divorce

How are Social Security Benefits Managed in a Carlsbad Divorce?

Pierre Domercq Divorce

How are Social Security benefits managed in a Carlsbad divorce?  The number of divorces in couples over the age of 55 often referred to as “Gray Divorces” has significantly increased over the past several years. Usually the couple has been married for quite some time and crucial issues in the divorce include the division of community property, business ownership, spousal …

Can Spousal Support be Modified

Can Spousal Support be Modified Post-Decree in Carlsbad

Pierre Domercq Post Decree Modifications

We are often asked “can spousal support be modified after divorce orders are issued in Carlsbad?’ The answer is “yes” as long as there is a valid reason for the Court to consider your case and issue the orders. What the Court is looking for from a legal perspective is called a substantial change in the “Status Quo.” In other …

Process for Evaluating and Calculating Spousal Support

California Process for Evaluating and Calculating Spousal Support

Pierre Domercq Divorce

What is the process for evaluating and calculating spousal support in a Carlsbad or North County divorce?  When two people legally separate or divorce, the court is concerned about establishing a fairly equal financial playing field for both parties.  As a result, temporary and/or permanent spousal support could be a part of your divorce process. Although this is referred to …

Cohabitation Affect Spousal Support After a Divorce

How does Cohabitation Affect Spousal Support After a Divorce

Pierre Domercq Spousal Support

How does cohabitation affect spousal support after a divorce in Carlsbad or North County? What happens when you are paying spousal support after your divorce and you learn your former spouse is cohabiting with someone new? These cases are highly unique and based upon the individual circumstances in each case but worth discussing with the experienced Certified Family Law Specialists …

Is a Marital Settlement Agreement Binding Prior to Finalization of Divorce?

Is a Marital Settlement Agreement Binding Prior to the Finalization of Your Divorce?

Pierre Domercq Divorce

Is a marital settlement agreement binding prior to the finalization of your divorce? A “Marital Settlement Agreement” is a document which stipulates the agreement between the two spouses regarding all elements of their divorce. This usually includes the division of assets and debts as well as terms including but not limited to: child custody and parenting time child support spousal …

Seeking support modifications after the divorce

Seeking Support Modifications after the Divorce Decree is Issued

Pierre Domercq Post Decree Modifications

Seeking support modifications after the divorce is issued can be more complex than you might imagine. In most cases, the divorce paperwork itself as well as California law will require there to be a substantial change in the “Status Quo” in order to request modifications to child support, spousal support or even child custody down the road. The Court will …

Retirement Divided in Divorce When Only Part of the Years Served

How is Retirement Divided in Divorce When Only Part of the Years Served Were During the Marriage

Pierre Domercq Divorce

How is retirement divided in divorce when only part of the years served were covered by the duration of the marriage? This is a question of “community property” and “separate property” and a recent California Appeals Court case sheds some light on this issue. For example, if the retirement in question was based upon 30 years of service and the …

Spousal Support Determined in North County San Diego

How is Spousal Support Determined in North County San Diego Divorce

Pierre Domercq Spousal Support

How is spousal support determined in North County San Diego?  Is there a specific calculation method to determine the amount and duration of spousal support in Carlsbad and the surrounding area? California has very specific guidelines for the calculation of child support during a North County or Carlsbad divorce, but spousal support is much less rigidly formatted under California law. …

Ordered to Pay Child Support During the Divorce

Can My Spouse Be Ordered to Pay Child Support During the Divorce?

Pierre Domercq Child Support

We are often asked “Can my spouse be ordered to pay child support during the divorce?” Yes, it is absolutely possible to obtain orders from our Carlsbad family law court regarding temporary child support as well as temporary spousal support during a North County or Carlsbad divorce. For example, if you have either been a stay-at-home parent or earn less …