Los Angeles Divorce Law Blog

When a California family court orders a parent to pay support for his or her children following divorce, the order is not always received with pleasure. Child support payments are often hotly contested, and some studies show that nearly half of those who owe child support default on their payments. However, many parents who are ordered to financially support their children complain that the money they send is not used for the right purpose.

The children of separated parents have the right to a consistent standard of living. Child support payments are meant to improve the chances that the children will not suffer or lack for things they need. Therefore, child support may be used for household expenses that provide the child a healthy and decent lifestyle, such as food, rent or utilities.

For generations, research has shown that money contributes to the end of more marriages than any other issue couples may face. This may be because one spouse makes more than the other or the two cannot agree on how to save or spend. Another reason may be because the amount of debt the couple has creates unbearable stress between the spouses. While each California marriage is unique and has its own struggles, a new study shows that one financial issue is causing more divorce recently than in the past.

About one third of surveyed divorced couples concur that money issues created serious problems in their marriage. However, over 10 percent named student loans as a major contributing factor in their divorce. These days, more couples enter marriage with over $30,000 in individual outstanding college debt. This is a heavy obligation, and many spouses find it is too heavy to share.

A prenuptial agreement may not be the most romantic part of planning for a wedding; however, many California couples discover that it is an essential part of the planning process. As the couple is planning to say "I do," they are not anticipating the end of their relationship. Yet, research shows that approximately half of all marriages end in divorce; this number is even higher for second and third marriages. By discussing financial and property division matters and expectations prior to the wedding, the couple can lay a foundation for communication and planning for future needs.

Typically, property owned prior to the marriage or inherited by one of the individuals is treated as separate property. However, the status of this property can be altered if it is commingled with marital assets or used to support the upkeep of marital assets. Additionally, assets and/or income acquired during the marriage are generally considered community property.

There often comes a time when life seems to spiral out of control. There are multiple decisions that need to be made, and the California resident just is not sure what steps need to be taken. Feelings of uncertainty and anxiety can be overwhelming at these times, especially if a divorce is involved.

Experienced guidance can be crucial in keeping on track during this stressful time. There are numerous questions that need to be answered and documents that need to be reviewed prior to making any final decisions. For example, what lifestyle adjustments will need to be made and what should be done with the house are often two of the questions that plague the individual. Other questions regarding health insurance, life insurance, retirement accounts and Qualified Domestic Relations Orders will also need to be addressed.