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Engaged couples should consider the unpleasant and unromantic but prudent step of entering a contract before marriage that will govern property division and resolve other legal and financial issues if they ever divorce. California family law governs these prenuptial agreements. Prenuptial agreements govern how marital property and debts are divided if there is a divorce. These usually address assets that each party brings into the marriage, which usually remain with the original owner, and those acquired during marriage. Additionally, a prenup can address debt that is accrued, such as college loans, and whether it will be divided between the spouses. Prenups allow a party to waive or alter inheritance rights if it does not negatively affect any minor children. Otherwise, a court will award a spouse half of the community property of the spouse who dies regardless of the contents of a will. Prenuptial agreements can address many issues but cannot govern custody or child support which are decided by courts based upon the best interests of the child. However, the agreement can have one party pay support, for expenses such as education, that exceed a court order. Under state law, a prenup is invalid if a spouse gives consent based upon fraud, coercion or mistake. It cannot result from seriously unequal bargaining power. A court may reject all or part of an agreement that it finds unfair or where one spouse benefits much more than the other spouse. Each party should have their own attorney or waive this right in writing before signing the prenup. They must be transparent about their finances and property and share this information. Parties must receive full disclosure of the agreement’s terms, rights and conditions. A spouse should wait at least seven days after receiving this agreement before signing it. Prenuptial agreements may identify and protect valuable assets. This is important in a community property state such as California where a spouse usually keeps property that they brought into the marriage and the couple must equally divide property and debt accrued during their marriage. These agreements help resolve complex issues in a less contentious atmosphere. This can expedite divorce proceedings and be more cost-effective. An attorney can help an engaged person consider options and protect their rights. They can help assure that a prenup is equitable and complies with California law.

Divorce poses many problems that require consideration of finances and California’s family law. This is particularly true for older couples, especially those over 50-years old whose rate of divorce has doubled since the 1990s. One reality of marriage is, despite the long-standing advice of experts, that one spouse controls family finances. This can create difficulties for the other spouse during the end of a marriage. Spouses should begin to gather information on finances when divorce is imminent. Major expenses and assets should be considered first. Health insurance is one of these issues. Spouses who are insured under their soon-to-be-ex spouse’s plan may continue coverage under COBRA for 36 months. However, this may be expensive because an employer does not pay a share of this expense. Medicare does not take effect until a person turns 65. Spouses should also consider their home ownership and whether either spouse intends to keep this asset. Keeping a home has disadvantages. Mortgage payments, maintenance and repair costs may be expensive and exceed the spouse’s income and other financial resources. However, the cost of purchasing or renting another residence should be calculated. Alimony and child support responsibilities may play a role in mortgage approval and the applicant’s credit rating considered during the mortgage application. Many couples decided to continue joint ownership of their home until the children are out of school and because of rising housing prices. If this occurs, spouses should enter a clear agreement governing home improvements, insurance and taxes. It is never too early to consider retirement finances. Stay-at-home spouses may not be eligible for Social Security benefits if they were in the workforce for less than 10 years. However, the spouse may be able to qualify for half of the spouse’s benefits if the marriage lasted at least 10 years. The ex-spouse’s benefits are not reduced, and the ex-spouse is not notified if a spouse applies for these benefits. A qualified domestic relations order must be filed if a spouse intends to obtain part of their spouse’s contributions to a retirement plan such as 401(k). The recipient of these benefits can transfer them into an IRA or withdraw the money early without penalty. An attorney can help with this planning and seeking a fair divorce decree. An experienced lawyer can also provide guidance on other family law issues such as property division.

At the end of a marriage, property division and allocating debt may be resolved through family law proceedings before a California judge. Unmarried couples, however, face significant hurdles with resolving debt issues. A person’s conscience, instead of the law, may dictate debt payment. Credit cards are a prime example. When a partner accumulates debt on their ex-spouse’s credit card, the ex-spouse is responsible for paying it off. Car loans are similar. When a partner co-signs a car loan for an auto title to their ex-partner, the partner is liable for the debt when the ex-partner moves away or defaults on debt payments. An ex-partner may file a lawsuit for unpaid debt. However, this requires the payment of filing fees and legal expenses may exceed the cost of retrieving the debt in many cases. A partner, if sued however, should not just ignore the suit. Failure to answer a summons precludes later participation and defense of the summons or complaint. Many of these issues may be resolved through open communication about finances early in the relationship. Discussions should cover matters such as rent or mortgage payments and expenses like food, housekeeping and entertainment. Determining whether financial contributions are gifts or loans is also important. A written document, like a prenuptial agreement, may help resolve these issues if a couple ends their relationship. This operates like a contract which may be legally enforceable and sets forth each partner’s financial responsibilities. These agreements also form the basis of identifying the couple’s assets and debts and a candid discussion about their financial responsibilities and challenges. Partners may also consider entering a joint venture when purchasing major assets such as a house. This could make one partner responsible for paying the mortgage while the other partner agrees to pay for home maintenance. Another joint venture is where a partner agrees to pay for the partnership in return for the other partner’s work. An experienced family law attorney may assist partners with drafting these agreements and providing information on their options. They can also assist with seeking unpaid debt, property division and other legal matters if the relationship ends.

Family law issues in California can be complex and difficult to navigate in any circumstance, but when there is a former spouse who has been ordered to pay alimony to the other spouse and cannot keep current with them, it is the foundation for dispute. There are certain legal matters that must be understood with alimony and other support. If a spouse has been ordered to pay, it is an enforceable court order until it is changed or ended. It might also have a specified date at which it concludes. A person who has fallen behind in spousal support payments will be required to pay 10 percent interest on an annual basis for the balance. This is a matter of law and cannot be altered by the judge. When owing the past due support, there could be a court order or garnishment of wages to pay. Even if this is done, the interest will still accumulate. A failure to pay the support can lead to significant consequences. For a person who is willfully not paying, it is possible that there will be a finding of contempt. That can lead to being jailed. This is generally perceived as a last resort. The spouse who is receiving alimony might be able to get assistance in enforcement from the local child support agency. While this is for child support, it can also help child support recipients with the collection of their alimony. With any issue related to alimony and support, it can be an extended problem for everyone involved. It is usually preferable to avoid having to take the extreme steps of getting the courts involved, but sometimes it is necessary. No matter the situation, a legal professional experienced in family law can provide guidance and assistance with the paying or receiving spouse and any other factor in a case.

It is not uncommon for there to be a dispute over paternity in California. There can be numerous reasons for this, but there are certain common denominators when straightening the matter out. If the couple was married at the time of conception, then paternity is already established as the husband has the legal presumption of fatherhood. If, however, an unmarried woman has a child, it is necessary for paternity to be established so the child’s legal rights can be established. The court cannot make a child support order without paternity. Paternity can be established in the following ways: by legal agreement, through genetic tests and by proving it in court. With a legal agreement, both parents can stipulate the paternity and arrange for child support. There can also be custody and visitation as part of the stipulation. This can be done without having to go to court, but the court will need to approve it whether there is a court appearance or not. For genetic tests, each parent can ask for this to be done if the parents want biological proof of the paternity before naming the legal father. The local child support agency can ask for the genetic test just as the parents can. A man who is not the biological father can be excluded. It can also demonstrate with greater than 99 percent accuracy who the father is if he is tested. If there is a disagreement over paternity and there has not been a consent to have genetic testing, the court can order that it be done. A refusal can lead to a contempt of court. To prove paternity in court with the father refusing to take part in genetic testing, the court can establish paternity by considering factors such as the relationship between the couple, money that the man has paid to support the child, if there was an admission of fatherhood, gifts and correspondence the man has sent the child, details as to the child’s conception, information from other people who were aware of the relationship, and photos of the man with the child. When there are family legal issues regarding a child’s paternity, it can negatively affect everyone involved. It is essential to know who the biological father is. If there are problems with this from the perspective of the mother or the potential father, speaking to an attorney experienced in family law can help to deal with it.

When parents are ordered to pay child support in California, it must be adhered to under the law. If it is not, there are alternatives that the state can use to collect. This includes withholding income, also known as a wage assignment. With a wage assignment, the employer of the supporting parent will be required to deduct money from the paycheck to make the payments. This will be based on the most recent court order, but it can rise if the amount owed rises. The point of a wage assignment is to ensure that the child is receiving the support that he or she is supposed to. It is beneficial to the paying parent as it is a record of payments. The wage assignment will continue until the parent is current on the child support. People are often concerned that a wage assignment can cost them their job. This should not be a worry as it is illegal for an employer to dismiss an employee because of a wage assignment. The employer must carry out a wage assignment if it is ordered. Failure to do so can result in the employer being held in contempt of court. The employer is provided with instructions to deduct the payments, but it is up to the parent to make certain that they are made on time and in full. There will be a child support statement and this can be compared to payment records to make sure the parent is credited for making the payments. In general, as much as half the net wages can be taken from the person to pay child support. If it is a special circumstance, as much as 65 percent can be taken. If the support order comes to more than half of the net income, the entire amount of child support will not be covered and the person will have to pay the difference. It might be possible to change the order if it comes to more than 50 percent of the parent’s net income. If the parent gets a different job or becomes unemployed, the child support agency must be informed. Whether the parent is working or not, the child support must still be paid. Numerous family legal issues and seemingly endless dispute can arise due to problems with child support. People who have concerns about paying or receiving child support must understand wage assignments. Speaking to an attorney experienced in these family law cases is key.

On behalf of Mohajer Law Firm, APC posted in family law on Friday, April 28, 2017. When there is an order for child support in California, circumstances can arise in which it can be modified. This can be requested by the custodial parent who is receiving support or the noncustodial parent who is paying support. Parents who are in a situation in which they believe that a child support modification is warranted should understand the criteria that the state uses to decide. The child support order can be modified if one of the following issues in in place: there is a significant increase or decrease in the earnings of either one of the parents, there was a change in custody or a change in the amount of time the child spends with each parent, one of the parents is in the military or has been deployed, or if there was a change in any other matter that would have an influence on the guidelines. When the request to modify the order of support is made, it must be in writing with the list of reasons as to why there should be a change. The modification can be justified if it will change the support order by $50 or 20 percent, whichever is lower. The agency will review the order if there is a significant change in the circumstances of a parent such as job loss, a new job or the custody and visitation being changed. If a person chooses to quit a job, that does not qualify as a reason for there to be a review. If it is decided that the modification should be made, the court will be asked to make the change. The agency will have six months to ask for the change. The parent seeking modification should provide the following information: income and expenses, expenses for child care, medical insurance coverage, unemployment information, jail or incarceration status, the arrangement for visitation and custody and any other information that might be important. If the agency decides that there should not be a review, the parent can ask the court to review it. Parents who agree that the order should be changed can file that with the court. For parents who believe that a child support modification is necessary, it is wise to discuss the matter with an experienced legal professional. These family legal issues can be complex and rife with dispute. It is very often a mistake to address them without help. Speaking to a family law attorney can be essential.