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Oakland CA Divorce Law Blog

Child support is a major source of income for many parents

According to census data, parents in California and other states who fulfill custodial roles often rely heavily on child support payments from noncustodial parents. Alternate forms of assistance include forms of aid such as clothing, food and medical expense coverage. More than 61 percent of custodial parents received one or more types of non-cash assistance in 2013.

In 2013, child support accounted for 17.7 percent of the personal income of custodial parents who received all of the payments that they were owed. Those below the poverty line could count on up to 70.3 percent of their personal income coming from support if all payments were received.

Three things you should do if you are considering filing for divorce

If ending your marriage seems like a real possibility, you probably have questions about what you need to do. Most people do not simply file for divorce without planning, so you need to be sure that you know some of the basic steps that you should take at this time.

This posting discusses three easy things that you can do to help improve your divorce. By taking early action, you can reduce the amount of challenges that you will encounter during the divorce itself. 

Sarah Palin's son in domestic violence incident

Physical abuse may be an issue for a California couple as it was for Sarah Palin's 26-year-old son Track and his girlfriend in January. The incident occurred during a drunken argument between the two, and he was arrested that night. He has been in other alcohol-fueled fights, such as a brawl at a party in 2014 that left him with broken ribs.

Palin was arraigned on variety of Class A misdemeanor charges. He said they were having an argument about her ex-boyfriend. She said he kicked her in the knee, punched her in the eye and then cocked and held an assault rifle close to his head. He then threatened to shoot it. The woman ran and hid under a bed until police arrived.

Bristol Palin's child's father criticized for support request

As parents in California know, child support issues can be upsetting. Sarah Palin has made public her negative opinion about the father of her daughter's second child after he requested child support and joint custody.

The Palin family criticized the father for not engaging in caring for the child. Sarah Palin alleged that the family extended invitations to him for months to have a parenting role prior to the child's birth. According to a representative for Bristol Palin, she said that a "real American hero doesn't ask for child support." He served as a Marine.

How can divorce complications be avoided?

California residents who are thinking about a divorce may be understandably concerned about some of the costs associated with it. There are several issues that can arise during a divorce which may need to be addressed in order to attain a desirable outcome. By understanding what some of these problems might be, it might be easier to plan accordingly or even avoid them altogether.

One of the primary difficulties is dealing with its potential tax implications. Since spouses can often expect different financial outcomes after the divorce has been achieved, it's important to give taxes their due and understand how both parties might be affected by the separation. These and other factors are often strongly influenced by the jurisdiction in which the divorce is to take place. For this reason, it's necessary to find legal representation that understands the laws and regulations of the affected area.

Property division and potential tax problems

While going through divorce in California, a couple can face many points of difficulty as decisions are made about belongings, assets, liabilities, custody and support. Unfortunately, some problems won't crop up until the settlement has long since been formalized, especially when assets that have appreciated in value are divided. Taxes can have a dramatic impact on the final value of an individual's portion of a settlement, which makes it a good idea to consider tax implications prior to settling in a divorce.

In some cases, property division can involve the need to equally split household resources. Investments may have appreciated during the marriage, and a stock transfer's value could affect the individual receiving that asset. While the increased value of a stock might normally result in the owner's need to report a capital gain upon liquidation of the asset, transferring it because of divorce relieves that party of the requirement to report a gain. However, the individual receiving the asset would be treated as having a tax basis equivalent to that of the transferor and would be responsible for capital gains taxes if the asset was sold for an amount in excess of that basis.

Co-parenting strategies for divorced California parents

California parents who are considering a divorce may be interested in some ways to make the co-parenting process more effective. After divorce, it can be difficult to come to arrangements about the day-to-day aspects of a family's life, but co-parenting can make the process easier. The first step of co-parenting successfully is to view the other person as a partner, even though the marriage has ended. This often means setting aside personal history and divorce issues to focus on parenting issues.

Focusing conversations on solutions is essential to successful co-parenting. From changes to a custody schedule to parenting styles, it is important to avoid blaming the other parent and focus on finding a solution to the problems that arise. This also means not getting baited into arguments, even if the other parent says rude things. The best way to handle such situations is to take a step back and focus on improving communications for future situations.

What really happens during a divorce - and how to make sure you are ready for it

Divorce is something that most people do not clearly understand. They think that by filing to end their marriage that they will experience a clean break once things are finalized. However, once a person decides to file for divorce, they will experience major changes that will have a significant impact upon their future.

If you take time to learn about some of the things that happen during a divorce, you can have a better idea of what to do when you experience challenges. By eliminating some of these roadblocks, you can make the entire divorce much less stressful, which will allow you to make the best decisions for your situation. This posting discusses some of the most important things that happen during a divorce, and some of the steps that you can take to be ready for the future. 

Madonna's son requests permission to live with father

California fans of singer Madonna may have heard that her 15-year-old son no longer wants to live with his mother. He has been in London visiting his father, film director Guy Ritchie, during the Christmas break from school, but on Dec. 23, a judge in New York said that he had to return to the United States.

On Dec. 21, her son began litigation in the United Kingdom saying that he wanted to remain in the country, but New York apparently has jurisdiction in the case. This is due to the fact that Ritchie and Madonna's divorce was initiated there, and according to the agreement at that time, their two children were supposed to live with their mother.

Domestic violence a national epidemic

On Dec. 18, a New Jersey man killed his girlfriend and her teenage daughter with a rope and a hammer. As is often the case, the local media did not report this crime as domestic violence but as a double homicide, questioning the actions of the victims. The story underscores a public health crisis that plays itself out millions of times a year in California and across the United States.

Approximately 1,300 Americans were killed in domestic violence incidents in 2014, and an estimated 2 million are injured each year. These crimes are committed by spouses, partners, boyfriends and girlfriends once every nine seconds. The victims come from every sociological demographic. They are rich, poor, women, men, educated and uneducated, religious and non-religious, all races, all ages and all sexual orientations.