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Oakland CA Divorce Law Blog

Avoiding troubles during child custody exchanges

Readers from California may be interested in learning more about what can be done to facilitate a smooth transfer during child custody exchanges. Many difficulties can arise during the exchange process due to lingering animosities amid the parties involved. Although it's usually possible to work through them, some cases may require more detailed attention.

The child custody exchange process is often decided during the divorce itself. One of the purposes of visitation schedules is to determine the nature of physical custody, such as resolving where and how the child will pass from one parent to the other. However, agreeing to a satisfactory exchange process can be challenging in situations where the parties involved find it difficult to communicate with each another. Moreover, the exchange process itself can be emotionally charged, and there can be unwelcome repercussions if things ever turn hostile.

The benefits of co-parenting and parenting plans

The primary concern of divorcing parents in California and around the country generally is the welfare of the children involved is. Even spouses embroiled in acrimonious disputes are often able to put their differences aside during child custody and visitation discussions. When spouses accept that their former husbands or wives generally act with the best of intentions as far as their children are concerned, minor misunderstandings or questionable decisions can be less frustrating and easier to forgive.

Most experts agree that co-parenting solutions work best and bitter child custody disputes should be avoided whenever possible. As a rule, children raised in a co-parenting environment have less emotional problems because they know that both of their parents care about them and both lay down similar rules and have similar expectations. Seeing their divorced parents acting rationally and responsibly also sets a good example.

Protecting your small business in divorce starts yesterday

Divorce is rarely a simple matter. For those who have built a business from the ground up, the prospect of ending a marriage takes on a much greater weight than it does for those who are merely ending a marriage.

Depending on the measures you took ahead of time to protect your business venture and when you founded the business in relation to your marriage, a poorly handled or vicious divorce could spell disaster. It could mean watching the business you've worked so hard to build get cannibalized like any other asset that is subject to asset division in a divorce.

Community property laws in California can be unforgiving

The community property laws in California require family law judges to divide marital assets equally even if the couple involved have only been married for a short time or come from very different economic backgrounds. This is one of the reasons that prenuptial agreements are so popular there, and worries about the outcome of costly and public litigation may prompt affluent California couples to make every effort to reach an amicable settlement during property division negotiations.

Going to court can be especially risky for divorcing couples when significant assets are involved, and spouses with high incomes may offer to pay substantial alimony in return for concessions during property division talks. These negotiations generally focus on tangible items like real estate, jewelry and artwork, but assets like retirement plans, investment portfolios and stock options can be just as valuable and should not be overlooked.

Child support regulations revamped for incarcerated parents

California parents may be interested to learn that, on Dec. 19, the Obama administration issued rules that were designed to assist prisoners with child support while they were incarcerated. It is hoped that the rules will make it easier for inmates to reenter society once they have finished serving their sentence.

A study of 51,000 federal inmates in 2010 showed that approximately 29,000 of them were behind on their child support payments. The average amount that the inmates owed was approximately $24,000. The problem is that many states treat incarceration as "voluntary unemployment". This prevents incarcerated individuals from being unable to modify their child support orders while they are unable to work and earn an income.

What happens when a restraining order is granted

A person in California may decide to file a restraining against someone who has been violent towards them or threatened to be violent towards them. Even if the person who is being restrained did not threaten the victim's children, a restraining order will protect the victim and any minor children that they live with. The restraining order will also protect other relatives who live in the victim's home.

Once a restraining order is granted, the restrained person will be legally barred from going near the protected person or contacting that individual. The protected person's home, school and workplace will all be off-limits for the restrained person while the restraining order is in effect. If the restrained person lives with the protected person, a restraining order may force the restrained person to move out of the home.

When one divorced parent decides to move

Divorced parents in California might have the best interests of their children in mind when they initially decide to live near one another to make the transition easier for their child. However, according to one study, around 33 percent of men and half of all women are still angry at their former spouses 10 years after the end of the marriage. Some of this anger may carry into parents' interactions with one another and make compromise difficult.

This can create problems if one parent decides to move to be with a new partner. The new partner and the former spouse may dislike one another, and the added commuting time might not be insignificant. However, if the custodial parent reacts by refusing to drive the child back and forth, the child suffers as well as the other parent.

Child support should be paid by non-custodial parents

California residents may not be aware that across the U.S. around 40 percent of children are born to single parents. This number has been increasing over the past couple of decades. In 2000, for instance, a third of children were born to parents who were not married. As the number of children born to single parents has gone up, the percentage of eligible parents who seek child support has decreased.

Children who come from single-parent homes are three times likelier than their peers to be poor. Single parents tend to be younger, have less education and fewer job prospects than married parents. While many absent parents support their children, others do not. Some of them don't pay child support because they are also poor, but absent parents should be expected to pay.

An attorney protects assets in divorces involving spousal support

Sometimes, it can feel like taking the high road to decide to move through the divorce process without involving attorneys. Unfortunately, trying to end a marriage can be a messy, drawn-out process where emotions run high, leading to compromised decision making.

Particularly when there are children or a non-working spouse involved in the marriage being dissolved, there can be a lot at stake in terms of financial support and the equitable division of your marital assets. Choosing to work with an attorney will protect your financial future and ensure the end result of the divorce is as fair and equitable as possible for all involved.

Robert Meachem reportedly owes almost $400K in child support

California NFL fans might be interested in learning that Robert Meachem, a former wide receiver for the New Orleans Saints, may owe as much as $400,000 in back child support and alimony. Meachem helped the Saints to win a Super Bowl title.

According to reports, a family court judge in Jefferson Parish, La., issued a preliminary ruling on Nov. 28. Neither Meachem nor his attorney appeared for the hearing. The court scheduled a new hearing for Dec. 21. Meachem may object to the ruling in person or in writing prior to the hearing.