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Getting the child support you deserve from a high-earning parent

If you have gone through a divorce as a parent in the state of California, it is likely that you now have a child custody order, and consequentially, a child support order in place. The child support order will have been made in order to ensure that both parents are contributing toward giving their child the best possible quality of life based on their incomes.

If you are the custodial parent and are currently receiving child support payments from the other parent, this payment will have been determined based upon the other parent's income at the time the order was made. If you believe that the other parent should be paying more, it is important that you take the time to understand how the law works in the state of California so that you know what you can do to improve your situation.

Why are high asset divorces so complex?

If you are going through a divorce as a high asset household, it is likely that the process of asset division will be notably more complex than the average divorce. The more there is to gain in a divorce, the more there is to lose, and this is why high asset divorces tend to be quite competitive. This does not need to be the case, however.

There are many reasons why high asset divorces tend to be more complex than average. By understanding the factors that complicate a divorce, you can take action now to organize your records and accounts, and plan ahead of time. The following are some of the key factors that you should be aware of.

Will my bonus count in alimony calculations?

If you are going through a divorce in the state of California, it is likely that you will need to pay your former spouse alimony for a certain amount of time after the divorce has been finalized. Alimony, otherwise known as spousal support, is generally counted based on each spouse's income.

If you are concerned about being subject to high alimony obligations in the state of California, it is important that you begin to research how the court process usually works. By doing so, you will be more prepared to argue your case and to get a fair result.

Dividing investment accounts during divorce: unrealized gains

If you are considering divorce, property division will likely be on your mind. Perhaps you have been married many years and have a large amount of assets tied up in retirement and investment accounts. When you and your spouse are reviewing and negotiating your respective share of the marital estate, you need to be aware of unrealized gains on stock in your shared investment portfolio.

Property division that looks equal or equitable on paper may not be when it comes time to file taxes. The type of asset matters, and not all property receives similar treatment in the eyes of the tax code.

What are the financial risks of a prenuptial agreement?

While they may not be the most romantic of declarations, prenuptial agreements are becoming gradually more socially acceptable in the United States. They can be beneficial for both parties, allowing for peace of mind in any eventuality. Additionally, they are beginning to be viewed as a way to prove that love is the real reason for the marriage, not material gain. From this perspective, prenuptial agreements may, in fact, be more romantic than they initially seem.

Another misguided perception of prenuptial agreements is that they are reserved for the rich and famous. This is simply not the case, and those with relatively modest assets can be set to benefit from a prenuptial agreement. If you are getting married in the state of California and you are concerned about the protection of your assets, it is important that you consider the different options available to you.

Who receives the business after my divorce in California?

Separation may constitute a grueling process. Dividing your home, assets and even pets may bring serious emotion, but your worries increase as you think about your vineyard business.

Over the last few decades, you cultivated a growing winery in California. Though you've held ownership in the vineyard since before you met your spouse, you fear that you will lose a portion of the business upon finalizing your divorce. Understand that under equitable distribution in California, a court may closely analyze you and your spouse's property - giving you rightful ownership of your own assets.

Traveling internationally after your divorce

Many families take international vacations to open their children's minds to new cultures and provide for quality family time. After you and your spouse divorce, you may worry about how you will maintain such a valuable family tradition.

Traveling outside of the country after separation may still be a possibility for you and your children. California laws aim to help parents maintain custody and visitation rights with family travel. To take your children out of the United States, you must follow specific steps to go on a legal vacation.

When should you consider a postnuptial agreement?

You and your spouse didn't put a prenuptial agreement in place before your wedding. Perhaps you didn't think you needed one, perhaps one of you was strongly against the idea or maybe you just never got around to it.

Now things have changed in your finances and/or your life in general. It's too late for a prenup, but not for a postnuptial agreement. Postnups can serve the same purpose as prenups. Couples can designate how their assets will be divided should they divorce. They can be used for other purposes as well, such as designating spousal support terms.

Garner, Affleck reportedly finalizing divorce, custody agreements

It's been over three years since Hollywood power couple Jennifer Garner and Ben Affleck announced their separation after a decade of marriage. When that announcement wasn't followed by any reported legal action, some fans held out hope that they would reconcile.

In April of last year, however, the two filed divorce petitions simultaneously. Last month, it was reported they were hiring a private judge to help them work out their various legal agreements to finalize the divorce.

Dividing assets: Complicated for divorcing “tech” couples

Silicon Valley divorces can be especially complicated for a number of reasons. In many cases, one or both spouses became very wealthy over a short period. They both want to protect that wealth as they go their separate ways.

Further, dividing some types of assets fairly can be a complicated endeavor. Real estate, bank accounts, investments and retirement plans are easy enough to determine the value of and to split.

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Daprile-Bell Family Law Offices

Daprile-Bell Family Law Offices
1224 Lincoln Avenue
San Jose, CA 95125

Phone: 408-918-0920
Fax: 408-918-0925
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