In determining alimony or spousal support, the court generally looks at the standard of living during the marriage. There are several factors used in determining whether or not alimony should be paid: · The needs and financial condition of the recipient spouse · The recipient’s earning capacity or ability · The ability of the payor… Continue reading →
Posts Tagged ‘family court’
Parenting plan
Divorced parents with children are required by the Family court to have a parenting plan in order to prevent future conflicts when dealing with the responsibilities relating to their children. If the parents cannot agree on one amongst themselves, the court will do so for them. The plan addresses issues such as visitation with the… Continue reading →
Supervised visits
When the court issues supervised visitation it allows a parent in a high-risk situation access to his or her child in a safe and supervised location. This usually applies to the non-custodial parent. The State of California’s policy is to protect the best interests of the children whose parents have a custody or visitation matter… Continue reading →
Are you charged with contempt of court?
When an individual is charged with contempt of court in Family court it is because he or she failed to obey an order issued by that court pertaining to child custody, child support or spousal support. California Penal Code 166 refers to any behavior that is disrespectful to the court process. Besides failing to obey… Continue reading →
Should I divorce or reconcile?
Have you and your spouse separated and have two different residences? Are you now having second thoughts about a divorce? There will be days when you have doubts about divorce – can you make it on your own, will you have enough money to survive, can you make major decisions without your spouse’s help? Are… Continue reading →
Temporary child custody
Child custody battles are unpleasant for everyone concerned; however, they must be addressed. After all paperwork is filed and the hearing date is scheduled, the judge may issue a temporary order that is good for a few months or until the day of the custody hearing. California Family Code Section 3040 states in part, “Custody… Continue reading →
How can I get a continuance?
Divorce proceedings don’t always go smoothly; in fact, few do, especially when child custody is concerned. There may be circumstances that require a continuance of your scheduled hearing. If this is the case, your attorney can ask the court to grant a new hearing date. Several outcomes can occur, which include: A new hearing is… Continue reading →
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In What Circumstances Does Supervised Visitation Apply to a Case?
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Your Holiday Plans and Custody: How to Modify Your Order
What to Know When You Are Divorcing from an Abusive Spouse- Can I Attempt to Appeal My Child Custody Order After the Fact?
