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Does Child Support End When Kids Go to College?

Watching your child grow up can feel like it happens overnight. One moment they’re starting school, and before you know it, they’re preparing for college. For many parents paying child support, this raises an important question: does child support automatically end when a child goes off to college? The answer isn’t always as simple as it seems. In California, child support obligations depend largely on the language in your court order and specific legal rules. In the video below, we’ll explain when child support typically ends, whether college affects your obligation, and the steps you may need to take before stopping payments. If you’re unsure whether your child support obligation should continue, contact our office to schedule a consultation and review your court order. Transcript: I remember the day my daughter was born and today she started middle school. How time flies. Next thing I know, she’s going to be off to college. But can I stop paying child support the moment she goes to college? Well, in this video, we’re going to dive into just that. For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, estate planning, civil litigation, and personal injury.  In these videos, I like to tackle complex legal issues and try to simplify them for our viewers in order to give you the information and knowledge to protect your rights and act accordingly. So if you like the contents of this video, hit that like button and don’t forget to subscribe so you’re always informed of any new videos being posted. And if you find this video helpful to any other California parent, please share this video so they can be informed as well.  Can You Stop Paying Support When Your Child Reaches College Age? Now, in my prior videos, I’ve addressed when your child reaches the age to go to college and how that affects custody or how it affects support, but specifically in this video, I want to address how you can stop paying support. And it’s very important to always look back at your court order. If your court order is silent on the issue of when support ends, the very simple answer is no, you cannot stop automatically once your child reaches the age of college years or once your child goes to college.  At What Age Does Child Support End in California? You have to realize the general rule when it comes to child support. The court has jurisdiction to make child support orders until your child reaches the age of 18, or 19 if they’re a full-time high school student. Now, if your court order doesn’t have that exact same language and it just says you have to pay child support of X dollars per month and it’s silent on the duration or termination date, then you cannot automatically stop paying because if you do, you’re going to end up owing arrears, and arrears accrue interest, and then you’re never going to get rid of that until you pay it.  When Do You Continue Paying Child Support During College? Now, does college ever require the continued payment of child support? That depends. There are exceptions to the 18, or 19 full-time high school student age, where the court has jurisdiction to order more child support. But if you don’t fall under one of those exceptions, then it’s really dependent on the agreement you make with the other parent. And you could do this during your divorce stage or your parentage stage as far as how college will be handled at that time. And if you do come to an agreement, it’s very important to concisely and specifically enter the verbiage of that agreement into a written document and make sure that the court orders it.  For example, if your court order says that child support shall continue until the child graduates high school, then that is a definitive mark in time where child support will terminate once they graduate from high school. Now, generally speaking, and I can’t address every single case, but generally every judgment that I have seen has always had the verbiage of child support being paid until the child reaches the age of 18, or 19 and is a full-time high school student, or upon further court order. If your judgment or court order has that specific language, then yes, there is an automatic time where child support will terminate.  If it doesn’t have that language, then there isn’t a set time and you need a court order to do so. But if you and the other parent agree to extend that time in writing and you put it into a stipulation or a court order, then it would be mandatory that they continue doing that until the definitive date ends. How Do You Stop Paying Child Support Once Your Child Goes to College? So how do you stop paying child support once your child goes off to college? Like I said, go back to the court order and look at the specific language contained within the four corners of that document. If the language says, which I think it would, until the age of 18, or 19 a full-time high school student, or until further court order, then you’ve got your answer.  If it doesn’t say anything, you cannot automatically stop making payments because you will still continue to owe that legally, and anything you don’t pay will fall under arrears and will accrue interest. So at that point, you have no other choice but to either negotiate an end date with the other parent or file a request for order. Filing a Request for Order And if you file a request for order requesting the court to terminate child support, then you need to establish the evidence to support your request, for example, a birth certificate to demonstrate age if they fall outside of 18, or outside of 19 and are still a full-time

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When Should You Hire a Family Lawyer?

Whether or not you need to hire a family lawyer is entirely up to you. When you get to the point where you do not understand the laws, or if you think your rights are being violated, you need an attorney. Simple divorces where both parties agree on everything might not need a family law attorney, unless the parties want a lawyer to draft a settlement agreement. However, contested divorces, especially when there are assets, businesses, or child custody at stake, can get pretty tangled – and it is best to have someone on your side who understands the laws and can ensure your rights are not violated. 3 Good Reasons to Hire a Family Lawyer A family law attorney can assist with the following types of cases: Complex Cases Even a divorce case with few assets can become complex if the spouses cannot agree on everything. If it looks as though your spouse will not agree to the division of assets, such as vehicles and bank accounts, then you should always retain a family attorney. Even if you believe you can agree on almost everything. Still, suppose you have a lot of assets, including one or more homes, retirement accounts, and multiple bank accounts. In that case, you should retain a divorce attorney to ensure your rights are not violated. And, you should retain an attorney for divorce if one or both spouses own businesses. Spousal Support California has specific laws about spousal support, including when a spouse is entitled to spousal support. If you believe your spouse will ask for support – or if you feel you need spousal support, you should retain a California family law attorney. While California does not have specific rules for ordering a spouse to pay support, it does have “guidelines” to follow, including the length of the marriage, the ability to pay, the need for one or both spouses, and more. Child Custody Cases Sometimes parents will agree on a custody and visitation schedule. You might not believe you need an attorney. However, a spouse could change their mind down the road. Even though you agree on custody and visitation, you should retain an attorney to draft a settlement agreement regarding custody, visitation, child support, and other matters relating to the care of your children. An attorney for divorce can work with you and your spouse – or their attorney – to create a parenting schedule to ensure both spouses have adequate time with the children, including holidays. How a California Family Lawyer Can Help Complex divorce cases often require motion hearings before you get to the final hearing. Many people who are not attorneys are unaware of motions that are available to them. When you run into a problem, a California divorce lawyer can help iron out the issues through informal or formal mediation or filing motions with the court to allow the court to make a decision. If you are unsure of the divorce process, need an attorney to draft a settlement agreement that legally binds both spouses, or believes your divorce will be contentious, contact Mohajer Law Firm, APC, for consultation.  

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How to Pick the Right Family Law Attorney for you?

The attorney-client relationship is an important one. When you need representation, you need a lawyer you can trust to work in your best interest. How can you accomplish this? Do you need a family law attorney? First, decide if you need an attorney for family law. There are some cases that you can do pro se, meaning on your behalf. Simple proceedings like a straightforward divorce without any custody or property issues can likely be completed in this manner. However, if your case is the least bit complex or the other person has an attorney, you should consider hiring legal counsel. You may need an attorney that specializes in family law in these cases: Child custody Property distribution Child or spousal support assignment or modification Any lawsuit where multiple motions will be filed A trial Abuse Finding the Right Family Law Attorney  Choosing the right family lawyer isn’t always easy. Many people get it wrong the first time. It is not uncommon for a person to switch attorneys while the case is still active because the attorney-client relationship does not fit. It usually doesn’t mean that the attorney was wrong or dropped the ball on anything; they’re generally pretty great. It just means that the attorney wasn’t right for that particular person. That said, coming across an experienced family law attorney is a bit of a process. Take your time to find the right one. It’s a Matter of Trust Start with finding a lawyer for family issues you can trust. It would be best if you felt confident in their ability and skillset so that when you walk into court, you are satisfied that you have someone who will fight for the best possible outcome for your case and protect your rights. This also means you have to exercise that trust and follow their guidance and recommendations. A big part of a successful attorney-client relationship is following your attorney’s advice and instruction. If you have questions or reservations, start a conversation to hash it out, but don’t just sit on their guidance and do nothing. That is a sure way to lose your case or not get everything you want or deserve. Look at the Track Record  You can tell a lot about a lawyer when you look at their background. Most attorneys have their information readily available online so make use of that. Assess family division lawyers on review sites, particularly by clients whose cases are similar to yours. Look for comments on responsiveness, attentiveness, success in the case, and interpersonal skills. But don’t rely on just one. Read several to get an idea of how attorneys interact with their clients. Make an Appointment with an Experienced Family Law Attorney Even with all the research, the best way to know if an attorney is right for you is to sit down with them and have a conversation. See how they handle your questions, what they have to say about your case, and how responsive they are when you call. Those are the most telling things that will give you an excellent idea of whether you have the right attorney or need to keep looking. Looking for a family law firm? Call us at Mohajer Law Firm today to schedule your free consultation. Discuss your case and see if we’re a good fit.

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Legal And Physical Custody Hearing In A Family Law Case

If you’re involved in a family law case, the chances are that you have to deal with the issue of child custody. There are different types of custody and how the courts determine visitation rights. You will more than likely have to go through a legal custody hearing. This can be a very personal subject, and emotions run very high when it comes to the well-being of your children. So it’s vital to have an unbiased expert to help you understand how the court provides rulings. This helps you make the best decisions to move forward healthily and productively for your family.  The Basics of a Custody Hearing When you’re involved in a custody hearing, the court looks at many factors in deciding the appropriate legal and physical custody order for the minor child. Nine out of ten times, legal custody will be ordered as joint. Joint custody means neither parent can make unilateral decisions regarding the child’s education, medical, or general welfare. The parents need to agree with these decisions. If they can’t agree, they need to take it to court. In physical custody, the court looks at one factor – what’s in the child’s best interest? Many factors come into play in determining the child’s best interest. As far as the court is concerned, they’re only looking after how these factors impact the child. They don’t look at what the parents prefer or what is more convenient for them. They do consider things such as the parent’s work schedule. They take into account each parent’s work schedule, their availability, and how much time they would spend with the minor child. They also look at the child’s schedule, whether they go to school, have extracurricular activities, attend therapy, or attend any sports or regular activities. The court looks closely at the schedules, parental involvement, and availability when determining physical custody if the parents haven’t reached an amicable agreement before a custody hearing. Do You Need Legal Help in a Physical Custody Hearing? If you have specific questions or would like help exploring the best custody agreement for your family dynamic, we’re here to help. Every family is different, and each custody hearing needs to be approached in the best interest of the client and the child(ren) involved. Mohajer Law Firm, APC specializes in cases just like yours. Contact us today for a free consultation.

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Should You Get A Prenup?

Without a doubt, you’ve heard of the term prenup before. But do you know what a prenup is? And if you’re planning on getting married soon, should you get a prenup? One of the most significant decisions you’ll need to make before getting married is whether to get a prenuptial agreement. Below, we’ll explain what this document is, what having one entails, and how to go about setting it up should you decide to go for it. What Is a Prenup? Although the term prenup seems to be everywhere, you’ve probably heard it among your friends and family. It’s certainly prevalent in TVs and movies. However, most people do not fully understand the actual purpose or the effects. Here’s what you need to know: A prenuptial agreement is a contract you enter into with your spouse before getting married. It sets forth the rules that the two of you will follow during your marriage, mainly about assets and debts.  Sometimes, spousal duties are outlined in a prenuptial agreement. Perhaps most importantly, however, the prenup contract sets forth the rules you will follow should you ever decide to get divorced in the future. For example, the prenup will outline how assets and debts would be divided, what kind of spousal support (if any) would be provided, and other things. Is It a Good Idea to Arrange a Prenuptial Agreement Before Marriage? When it comes to prenuptial agreements, every couple must decide whether they want to sign one. In many ways, it’s simply a personal choice. Indeed, some couples decide not to sign a prenup because there is a certain pessimism that they even exist. After all, why would you get married in the first place if you could imagine a future where the two of you get divorced? Other couples can be very practical about prenuptial agreements. They can look at their marriage pragmatically, as an actual contract. Especially when large sums of money and huge assets like houses, boats, and businesses are involved, many people understand the rationality of protecting themselves and their finances. They wouldn’t dream of getting married without signing a prenup. In the end, whether you sign a prenup is a decision you will need to discuss in-depth with your partner and think about your protection. Need Help With A Prenuptial Agreement? Contact Us Today At Mohajer Law Firm, we understand that prenuptial agreements are sensitive subjects. They can also be challenging to understand and navigate in terms of legality. For this reason, we always make sure that our clients fully understand the process of preparing these contracts. We’ll answer all of your questions and concerns so that you can be sure your marriage and future are protected no matter what. Give us a call or contact us online today! [yotuwp type=”videos” id=”Y92fWaQmbpg” ]

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Can One Attorney Represent Both Parties?

You’d be surprised at how often we’re asked the question: Can one attorney represent both parties in a divorce case? Often, the reason for this question is related to money. After all, it’s perfectly understandable to want to save money on attorney’s fees.  Unfortunately, not all divorce cases will allow for this. Can you hire one attorney to represent both sides in some cases? The answer is maybe. Let’s dig a little deeper. Can a Divorce Attorney Represent Both Parties? When we say that “maybe” you can hire the same attorney to assist both parties in a divorce, the real issue is whether the matter is contested or not, which is why guidance from an experienced family law attorney in Arcadia can be so important. If it is contested, then there is no way you can hire the exact attorney for both parties. Naturally, this would create a conflict of interest because the lawyer representing you must put your interests first. Our primary goal is to help our clients achieve what is in their best interest legally and expediently. If we were to represent both you and your soon-to-be-ex-spouse in your divorce case, there’s no way we could put both your interests and your spouse’s interests first. On the other hand, if you are dealing with an uncontested matter, then potentially one attorney may be able to help both spouses move the process forward in a neutral capacity. In that situation, the more appropriate role is that of a mediation attorney in Arcadia rather than an advocate for only one side. We would help resolve the issues you’re coming to the table with. We’d come up with new ideas, and of course, we would take care of the little things like preparing the paperwork and scheduling court dates, if necessary. In the case of mediation, it would be up to the two of you to settle. Looking for Legal Representation in a Divorce? Whether you are in the beginning stages of a separation or have already filed paperwork for a divorce, we understand how difficult this time will be for you. No amount of legal assistance or advice will heal the wounds you are experiencing. Still, at the same time, a practical and civil divorce can certainly make things easier. At Mohajer Law Firm, our legal team has extensive experience handling a wide range of family-law matters in Arcadia and the surrounding area. Whether your divorce is contested or uncontested, complicated or relatively straightforward, our team can help through tailored family law representation. Feel free to reach out and give us a call. We offer a free initial consultation for prospective clients, and we would be happy to sit down and speak with you about your case. [yotuwp type=”videos” id=”uYriRgduH84″ ]

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Advantages of Hiring A Family Attorney

Whether you’re going through a divorce, adopting a child, worried about a paternity issue, or getting married and need a prenuptial agreement, you’ll inevitably run into family attorneys. That’s because family law deals directly with all of these legal issues and many others. Any legal concern related to the family is considered family law. But is it always necessary to hire a family attorney when you’re facing a family legal issue? The answer is, it depends. As with any legal situation, you’ll need to examine both the advantages and disadvantages. Pros of Hiring a Family Attorney Years of experience. Chances are, you don’t have any experience with family law, and why would you? Unfortunately, this means that the court system will be challenging to do on your own. It’s complicated, complex, and unforgiving. It would be best if you had someone on your side with years of experience in family law. Only then will you know for sure that you’re always acting in your own best interest. Settlement promotion. Generally speaking, no matter your unique situation, it’s almost always a good idea to settle when you can instead of going to court. A skilled mediation attorney will work toward a settlement that benefits you. Shorter cases. If your family legal case does end up having to go to court, rest assured that a seasoned family lawyer won’t drag out the litigation. Instead, they will work to shorten the duration of the case. This will not only save you time, money, and energy, but it will also save you a considerable amount of emotional pain. Cons of Hiring a Family Attorney The possibility of hiring a novice. If you do end up hiring a lawyer, you’ll want to know that you’re working with a pro. Someone who has been in this same situation many times before, someone who always knows the next step, someone who can fix anything. What you don’t want is a lawyer who’s just graduated from law school and has virtually no experience representing cases like yours.  Increased litigation. The most incompetent family lawyers don’t make cases faster and more efficient. Instead, they drag everything out and make litigation longer and cost more. This isn’t even to mention the emotional pain accompanying a lengthy trial. Contact Mohajer Law Firm for More Information If you face a family legal issue and consider hiring a family lawyer to represent you, please call our law office today to request a consultation. Even if you decide not to hire us or any attorney for your case, we can offer valuable suggestions. Your initial consultation at Mohajer Law Firm is free. Contact us today to learn more and schedule yours. [yotuwp type=”videos” id=”WwMe8zkeSr0″ ]

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Do You Need A Family Law Attorney?

One of the questions my office gets asked all the time is, “Do I even need to hire a family attorney?” And to be honest, this is a tough inquiry to respond to right out of the gate. Why? Because it depends on a lot of factors. For example, what does your case concern? Is it being contested? Does the other side have representation? Are there a lot of specific issues we need to resolve? These points must be determined to determine whether you genuinely need a family attorney. Top reasons to hire a family attorney We understand how challenging it can be to bring legal issues into your household. At our firm, we aim to help you achieve your case goals while making the process as painless and straightforward as possible. Legal matters can often stretch out for many months or even years without a dedicated family law attorney in Arcadia on your side, leading to long periods of struggle and sleepless nights. If safety is a concern during this stressful time, a restraining order lawyer in Arcadia can provide the immediate protection your family needs. Another benefit of hiring a family attorney is that you’ll receive objective advice about the best courses of action at any given stage of your case. Understanding how to react to the other party’s actions and requests can be challenging. The legal process itself is complex and not designed for laypeople. Specific paperwork must be filed in a particular manner, and hard and fast time constraints and statutes of limitations leave little room for error. Our team will take care of the complicated legal processes so that you don’t have to. Next, family lawyers can help facilitate mediation between divorcing spouses for those interested in avoiding litigation, especially in divorce cases. Mediation is nearly always superior to litigation in divorce cases as it can help create more amicable relations and legal arrangements between the two parties. This is good for each party, and it is also perfect for any children involved. Finally, you’ll often find that family law attorneys offer more competitive legal fees (as opposed to traditional nonfamily attorneys). Are you considering hiring a family attorney for your case? Contact us today. If you have been considering hiring legal representation for an issue involving your family, do not wait to get in touch with us. The sooner you retain a specialized divorce attorney in Arcadia, the better it will be for your overall case. We offer a free initial consultation with potential clients. We would be happy to hear your case and help you make the best decision for you and your family. Let’s sit down together. Give us a call, or contact us online to learn more about your legal options. [yotuwp type=”videos” id=”zdrkXgbm_Yw” ]

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Should You Settle or Go To Trial?

If you are thinking of filing for divorce, you might be wondering if it is better to settle or go to trial. Or, your spouse might have already served you with papers. In which case, you need to decide whether you agree with their requests and settle or disagree and work towards litigation. If you can settle, you will save quite a bit of money. However, you might have to give up something that you don’t want to give up. Contact an Arcadia family law attorney to learn more about your rights if you are ready to divorce. The Pros and Cons of Settling The most significant benefit of settling a divorce case is that you have more chances of getting what you want out of the case. However, to get something you want, you might have to give something up. There is always give and take when settling. For example, you might want to keep a retirement account, but your spouse does not have one. You might have to give up a lump sum payment or give your spouse another asset to keep a retirement account that has minimal non-marital funds in it. Additionally, you do not need to settle on all aspects of the case. Your attorney can draft a partial settlement agreement if you agree on specific issues and go to trial for the rest.  The Pros and Cons of Litigation With litigation, you do not have to make any decisions. However, you might not like the decision the court makes. For example, the court might order a time-sharing schedule that gives you less time with your children than you would like.  You can never tell what a court is going to do, but you can count on them making decisions in the best interests of the minor children (if any) before it considers anything else. While it is difficult to change a court order and a settlement agreement later, it is usually harder to change a court order unless your ex-spouse also agrees to the change. Contact an Arcadia Family Law Attorney If you want to settle, but your spouse seems as though they will not settle, not all is lost. Often, a spouse files for divorce and says they will never settle, but it is possible to agree with the help of attorneys and the mediator during mediation. If you are ready to file for divorce, and you need help deciding whether you should settle or go to trial, contact an Arcadia family law lawyer for a consultation and learn more about your rights.  [yotuwp type=”videos” id=”SEKKL-rEv5I” ]

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How Much Will a Family Law Case Cost?

One of the first questions you might have about filing for divorce is, how much will a family law case cost? The best we can come up with is, “it depends.” Several factors go into the cost of a divorce case, including whether you settle or go to trial. Maybe you or your spouse need hearings for temporary support or other factors before the final hearing, which is why it helps to speak with an experienced divorce attorney in Arcadia early in the process. The Factors Involved Some divorce cases cost more than others, even if you settle. A case with no assets and no children will be less expensive than a case with children, property, or both. Even when you agree on child support, time-sharing, and division of assets and liabilities, it costs a little more because of the extra wording a family law attorney has to put into the settlement agreement. Settling Now or Later If you come into the office and both parties know what they want, that is the cheapest way to get divorced. Suppose you or your spouse files for divorce, then you agree before the final hearing; it is still less costly than going through the final hearing. Sometimes, the parties agree on their own, and other times, they use a mediator. Using a mediator is more expensive than not using one but still cheaper than going to trial. Court Hearings Every time an attorney has to prepare for a hearing, it costs money. The time to research the issue, draft the motion, be ready for the hearing, attend the hearing, and draft the order based on the outcome of the hearing is costly. For example, if your spouse agrees to a visitation schedule and then does not keep it, the only way to get visitation is to have the court order the spouse to adhere to a visitation schedule. We would have to ask the court to grant a plan and order the spouse to comply with the program. Finally, the trial or final hearing could add to high costs. If you and your spouse cannot agree on any of the issues, the court has to decide for you. If the court has to decide on five points, it is more expensive than deciding on one or two issues. If you can agree on some of the issues, you can still save money by not having the court hear all of the problems. Contact an Arcadia Family Law Attorney Whether you plan on settling or believe you must litigate your issues, an Arcadia divorce lawyer can help ensure your rights are not violated. If you are ready to file for divorce or if your spouse served you with divorce papers, contact an Arcadia divorce attorney to discuss how much your family law case may cost.  [yotuwp type=”videos” id=”XSI8MGv2T3w” ]

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