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Oakland CA Divorce Law Blog

What to know about TSPs and divorce

In a California divorce, there are many different types of property that may be divided. A Thrift Savings Plan may be one of those items. A TSP is available to federal employees, and it is similar to 401(k) plans offered by private employers. A Retirement Benefits Court Order will need to be created before any portion of the account can be transferred to the other spouse.

It may also be possible to get a Qualified Domestic Relations Order to facilitate the transfer. Once a court order is entered, the account will be frozen until the divorce is finalized, which means that no new loans or withdrawals can take place. If there is a loan balance outstanding, it will be included in the total account balance for purposes of calculating how much is to be given to the other spouse.

The financial ramifications of a divorce

California residents are strongly advised to consider the financial ramifications of divorce before going through with it. While a divorce can impact anyone financially, data shows that women generally experience greater challenges that men after ending a marriage. According to the Bureau of Labor Statistics, married women make up to 20 percent more per week than women who aren't married. They also make 9.6 percent more than men who are not married.

The pay gap may partially explain why women tend to lose more financially in a divorce. However, traditional gender roles may also play a role with women spending more time at home, which may result in fewer hours worked. In addition to making less money, it also means time accrued for Social Security purposes. It is important to point out that men who stay at home to act as caregivers may face the same challenges in a divorce.

Parenting after divorce is important for the children

When California parents of young children get divorced, child custody, visitation and other parenting issues may arise. It is important that they keep their children's best interests in mind instead of placing their interpersonal conflicts at the forefront during and after their divorces so that their children may be better adjusted and happier.

Researchers report that 30 percent of marriages that end in divorce involve parents of minor children. This means that the parents will not be able to simply walk away from each other and will need to plan for working with each other for their children's benefit long after their divorces are finalized.

Blac Chyna paying child support a possibility

California is home to many celebrities, and their relationships and breakups bring real-world matters of child custody and child support into the headlines. Reports indicate that Rob Kardashian and Blac Chyna could be on the verge of reaching a custody agreement for their 9-month-old daughter. As for child support, the incomes of the former romantic partners support the speculation that Chyna might need to pay child support to Kardashian.

Currently, the young daughter lives most of the time with her father. His apparent custodial role coupled with reports that Chyna has the higher income could mean that if he filed for child support, the law could support his claim. According to reports, Chyna has been gaining lucrative work with public appearances and hosting jobs. Kardashian appears rarely on his family's reality television show and does not appear to have many sources of revenue. The reality show that he had planned with Chyna dissolved along with their relationship.

When a custodial parent can seek back child support

When California custodial parents are seeking child support, they may have the grounds to seek back child support for the past cost of the child's care. However, it should be noted that the custodial parent will have to provide evidence that demonstrates that the noncustodial parent has not assisted with the past care of the child.

In order to establish a claim, the custodial parent must have proof that the noncustodial parent did not pay the child support he or she were ordered to. The custodial parent must also have evidence that he or she attempted to collect the child support the noncustodial parent owed and that these efforts were not successful. Finally, if the non-custodial parent is the child's father, there must be proof of paternity.

Using online calculators to estimate child support

When California parents of minor children end their marriage, it is likely that the non-custodial parent will pay child support to help the primary caregiver with the costs of child-rearing. To get an idea of how much in child support they may be responsible for paying each month, some turn to online child support calculators. However, it is important to note that these calculators may not be entirely accurate due to a variety of factors.

Every state offers parents tools that allow them to estimate their potential child support payments. These can range from an online calculator to downloadable worksheets. The information a parent will need to estimate the child support payments include his or her income, the amount of time the parent spends with the child and any tax credits or other benefits the parent may receive.

California to enforce Canadian restraining orders

A California bill that allows law enforcement agencies in the state to enforce Canadian orders of protection has been signed into law. Not only does the bill allow police to better protect those seeking protection from domestic violence, but it will also improve cooperation between the state and Canadian authorities.

In 2011, the Uniform Law Conference of Canada began recognizing and enforcing foreign protection orders, including restraining orders that were issued in California and other U.S. states. This piece of legislation was called the Uniform Enforcement of Canadian Judgments and Decrees Act. California will now similarly enforce protection orders that are issued by Canadian courts.

What to consider when trying to retain the marital home

California residents who are in the process of getting a divorce are likely considering their future living arrangements. In many cases, one or both spouses want to retain ownership of the matrimonial home. Spouses who want to keep the mortgage and marital home might want to consider several aspects of their finances before making a decision.

First, it is a good idea for the homeowner to be employed full time. A spouse who is employed is more likely to be approved for a loan that allows them to buy out the spouse and refinance their mortgage. Prospective borrowers who work part time or on commission are often expected to show possible lenders at least two years of tax returns as proof of income. A co-signor for a mortgage loan might also be necessary in cases when the prospective borrower has a lower income.

Enforcing an out-of-state order of protection

If a person moves to California after being granted an order of protection in another state, they may wonder if the order can still be enforced. In short, the order will be enforced as long as certain requirements are met.

There are three main requirements that must be met in order for the order of protection to be enforceable. First, the order of protection must have been issued to prevent harassing behavior, sexual violence or violent acts. The order could have also been issued to prevent a person from contacting or coming within a certain distance of the person who was granted the order. Second, the court that issued the order of protection must have jurisdiction over the case.

Seeking a child support modification from the court

When California parents of minor children get divorced, it is likely that one of them will be responsible for paying child support. The child support order is calculated based on a variety of factors, including the parents' income and the child's unique needs. However, life events can cause a parent's ability to pay the ordered amount of child support to change.

If a parent finds that he or she can no longer pay the amount of child support that was initially ordered, a child support modification must be requested. Until a child support modification is accepted by the court, the parent is still responsible for paying the amount that has been ordered. As such, those who lose their job or have other life events affect the amount they can pay should act quickly.