Child support taxes can affect how much a parent pays or receives in California. When courts calculate child support, they consider each parent’s income after applicable taxes, so the tax filing status used in the calculation can make a difference. California law requires courts to use tax consequences that reflect the parents’ actual circumstances, rather…
If you’re going through a divorce or another family law matter for the first time, you may have no idea what your attorney is actually supposed to do for you. Do they just handle the paperwork? Do they tell you what to do? How involved should they be? A good family law attorney should do…
Divorce and custody disputes are emotionally and financially overwhelming. Unfortunately, some California family law cases become far more expensive and contentious than necessary. Understanding how to choose the right family law attorney — and recognizing the warning signs of unnecessary litigation — can help clients protect both their finances and their mental health Family law…
Child custody disputes can have serious emotional and psychological effects on children. When parents remain in ongoing conflict during separation or divorce, children often experience anxiety, insecurity, loyalty conflicts, and long-term stress. Understanding how custody conflicts affect children can help parents make decisions that protect their child’s emotional well-being during family law proceedings. The emotional…
Child support and spousal support calculations can be complicated, especially when either spouse is in the military and receiving military pay. Military pay is quite different from the pay at a civilian job and can be confusing to the layperson. There are several different types of pay that make up a servicemember’s monthly check. These…
The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. app §§ 501 et seq., is a federal law that was passed by Congress to provide protection for individuals entering or called to active duty in the military service. It is intended to postpone or suspend certain civil obligations that the service member entered into before entry…
Family support, including child support and spousal support, is the domain of the state courts, and a military court will not make orders regarding family support. However, the military has an interest in ensuring that military members provide adequate support for their dependents, and has enacted policies to ensure they do so. The Navy policy,…
Military members who are divorcing often find themselves torn between their obligations to their country and their obligations to their young children. They may worry that their military service makes it impossible for them to share physical custody of their children. Fortunately, in California there are legal protections for military parents when it comes to…
In California, pensions that were earned during the marriage are considered community property, and can be divided between the parties in a divorce. This rule generally applies to military pension, but there are some special rules that pertain to them. First, in order for the court to divide the pension, the state court’s jurisdiction, or…
Under California Law, a prenup agreement is not enforceable if one party did not execute the agreement voluntarily. One of the requirements for executing an agreement voluntarily under California Family Code Section 1615(c)(2)(B) is a seven (7) day waiting requirement. In order for your agreement to be enforceable and legally binding, you MUST comply with…
