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February 2018 Archives

Settlement agreements are the goal in collaborative divorces

The traditional divorce that many Californians may be familiar with pits the two parties against each other in a courtroom presided over by a judge. This litigated form of divorce can be contentious, difficult and unpleasant. Additionally, it takes the control of the legal process out of the hands of the parties and places it in the hands of a judge. Although many litigated divorces do end eventually with the parties coming up with their own agreements regarding property division, custody and support, such agreement as usually reached only after both sides have prepared (at significant expense) for a full-on courtroom battle.

Tax change will impact alimony payers, recipients

A major tax reform bill was passed by the federal government that will bring many new changes to the rules Americans must follow to stay current on their income reporting. One of those changes applies to payers and recipients of alimony (called "spousal support" in California). While Californians who have spousal support agreements and orders in place prior to the end of 2018 will not be subject to these changes, anyone whose divorce is finalized after December 31, 2018, will be required to follow the new system.

Your children deserve financial support from both parents

A parent who receives physical custody of their child may bear significant costs to ensure that their child is properly cared for and has everything that they need to thrive. This can include purchasing food and clothing for the youth, paying a mortgage or rent to keep the child in a safe home, and making payments on a car or other form of transportation to make sure the child gets to school and everywhere else that they must go to fully live their life. When these and other costs are added up, a San Francisco parent may find that their child-rearing expenses are quite high.

Factors that may be considered in an award of spousal support

Spousal support is an obligation set forth by statute to support a spouse.  A court can order that temporary spousal be paid by one spouse to the other following separation and continuing until further order, agreement or judgment.  The duty of support may continue following the termination of the marriage. There are a number of statutory factors that are considered when determining when considering the continuing duty of support as well as the amount and duration of support.  Those factors include the extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage.  The statutes recognize that a party's earning capacity may have been affected circumstances such as periods of unemployment due to domestic responsibilities such as child-rearing.  

Covering all possible scenarios when negotiating a parenting plan

No matter how you look at it, the end of a marriage will inevitably bring about change in the lives of everyone involved. As a parent, you may have concerns about how your children will handle the situation and wish to take steps to safeguard their well-being throughout the process.

Changing a child support order in California

If a San Francisco parent wants to change the amount of child support they must pay, then that parent must be able to prove that there has been a change in circumstances. This post will introduce some ways that a change in circumstance may be proven, but the information provided herein is not complete. Family law attorneys should be consulted by those who have legal questions about modifying their support orders and obligations.

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NACHLIS & FINK

Nachlis & Fink
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