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July 2016 Archives

The child's best interests in custody cases

California parents who are unable to come to an agreement outside of court regarding child custody, visitation and support may need to have a judge make the decision. The first thing the judge will look at in determining who gets primary physical custody is who the child's primary caretaker is. Psychologists feel that this is an important bond that is critical to a child's healthy development and that should not be disrupted if possible.

Social Security benefits should not be overlooked during divorce

Couples in California who are considering divorce may want to think about their Social Security benefits. If a marriage lasts for at least 10 years, then an ex-spouse could, with a few exceptions, claim ex-spouse Social Security benefits upon reaching retirement age.

Falling behind on child support can damage credit ratings

A job loss or other drop in income for a person in California could result in that person missing child support payments. In addition to the problems that this could cause for the children, the parent will need to consider the possible impact on his or her credit rating.

Bankruptcy court finds that divorce agreement wasn't alimony

When California couples file for divorce and one party is ordered to or agrees to pay alimony, that obligation is not dischargeable if the payer later files for bankruptcy. It is important to note that not every provision in a divorce settlement will be considered to be alimony, however.

A mortgage can complicate a divorce

When a California married couple purchases a house together, both of their names are usually included on the mortgage. If the couple goes through a divorce before the mortgage is paid off, they could be linked by their mortgage document for many years to come, because altering a mortgage can be difficult.