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You may still have to pay spousal support in these situations

After a divorce, it is likely that one spouse will have difficulty being able to replicate the income that they gained as part of the marriage. This may be because they do not work, and spent most of their time caring for their children during the marriage.

In these situations, the courts try to ensure that spousal support is awarded to the spouse who earns less. This spouse is usually awarded support for a limited amount of time, and it is expected that during this time, the spouse will gain employment or skills so that they are able to fully support themselves in the future.

The most influential factors in child custody arrangements

When going through a separation, the most important thing to deal with will always be the well-being of your children. It is possible that your children are confused about the changes that are happening within the household, so it is important to explain the situation in an age-appropriate way. You should also make sure that you are proactive in your approach to securing a child custody arrangement.

Ideally, you and your ex will be able to formulate a child custody arrangement collaboratively. If this becomes impossible to do, the court will have the power to decide where the children will spend their time. The following are some of the considerations that the child custody courts take into account in California.

How can I get my child support increased?

If you are the custodial parent, it is likely that you are currently receiving some form of child support. Child support calculations are primarily based on the non-custodial parent's income at the time of filing. But while their income is likely to change frequently, the child support order will only be subject to change above inflation if a modification is filed.

If you have a reason to believe that the other parent's income has increased significantly or if you think that they have not reported all of their income, you may want to look into your options. There are several things you should consider before doing so, however.

Will California's divorce laws destroy your wealth?

You have worked hard over the years for everything you've earned. It's not come easy, and you're proud of your wealth. You know that you're set up well for the future, financially speaking, and that's something that has always been a goal of yours.

If you're getting divorced, though, you may be a bit worried. Some have pointed to divorce as one of the main ways that people see their personal wealth destroyed, along with issues like disease and disability.

Understanding the basics of child support

As difficult as your divorce is on you and your spouse, you know your children are also struggling in their own ways. They may have to deal with a move away from their home, friends and familiar neighborhood, or they may be facing a future of spending time between their current home and the new abode of their other parent.

One struggle your children should not face is whether you will be able to provide the necessities for them. California and every other state have laws requiring higher-earning parents to supply a prescribed amount of financial support to allow their children to maintain a standard of living similar to what they would have if their parents remained married. Understanding your right to child support is essential to ensuring you are receiving the funds you need to provide well for your children.

The impact of divorce on depression

The link between divorce and mental health issues are unfortunately strongly linked. Often, mental health issues can be a catalyst for a divorce, but divorce can also spark mental health problems for a spouse. Therefore, it is important to understand how to deal with divorce in a way that will not further worsen any mental health issues that you or your divorcing spouse has.

Everyone takes time to adjust to a divorce. Whether you chose to file for divorce or not, it is likely that you will have gone through a grieving process for your failed marriage. When a divorce feels traumatic in one way or another, it can cause a period of situational depression for many people. In many cases, this can be a very temporary period in which the person grows through it. However, some people find it difficult to overcome this difficult period.

How to maximize spousal support

When you are going through a divorce, one of your primary concerns will likely be whether you will be able to maintain the standard of living that you are accustomed to. This will be a particularly valid concern if you are not the primary earner in your family unit.

It is important in this situation to conduct thorough research so that you are prepared for the likely outcome of a California divorce. There are many things that you can do in order to maximize the spousal support that you could be awarded, so it is important that you understand the factors that can affect this.

Is there any reason not to ask for a prenuptial agreement?

If you want to create a prenuptial agreement before you get married, it is important that you spend an adequate amount of time understanding the full implications of what you are considering -- before you ask your intended spouse to sign one. Prenuptial agreements are not automatically successful, and they need to be written out in a way that's fair to both parties.

While it is likely that you are aware of the obvious benefits of a prenuptial agreement, it is important that you are also aware of the potential disadvantages of having one before you take action. Most people can benefit from a prenup. However, you can't really tell if you're among "most people" until you look at all the potential consequences.

Can my kid still attend private school after divorce?

Divorcing parents can have an especially difficult time in the courtroom because of potential disagreements on how to raise the child after separation. Parenting will not be the same after you two split, and conflicts will arise on what changes are necessary for your kid’s future.

One of the most hotly debated topics for a parental divorce court is the child’s education. If you were sending them to a private school prior to the divorce, your spouse may not think it’s the best option to keep them there. They may think that it is better to send them to a less expensive public school or try to get them to a facility closer to them. This is not an easy debate for any Californian parent to win, so you need to know what factors will influence the court’s decision on this topic.

Can I still get joint custody if I have a demanding job?

Many parents going through a divorce in California want joint custody so that they feel they have an equal part in raising their children. However, having joint custody can be very demanding on a parent's schedule and is likely to include frequent pick-ups and drop-offs to school and extra-curricular activities.

If you are a parent with a demanding work schedule, you may be unsure about how the child custody courts will assess your situation. It is important that you understand how the law applies to child custody issues in California and how you can work to overcome scheduling difficulties.

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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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