Law Office of Stuart E. BruersTorrance Domestic Violence Attorney | California Physical Abuse Lawyer | Los Angeles County CA2024-03-13T19:45:51Zhttps://www.bruerslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1100889/2019/07/cropped-fav-32x32.pngOn Behalf of Law Office of Stuart E. Bruershttps://www.bruerslaw.com/?p=516962024-03-11T19:46:45Z2024-03-13T19:45:51ZGather financial documents
One of the first steps that stay-at-home moms should take when preparing for divorce is to gather all relevant financial documents. This includes bank statements, tax returns, investment accounts and any other documents that provide information about the family's finances. Having these documents on hand will give them a clear picture of their financial situation so they can make informed decisions during the divorce process.
Seek financial independence
This may involve updating skills or education, seeking part-time work or exploring other ways to generate income. Stay-at-home mothers need to be able to stand apart from their spouses, for their self-esteem as well as their finances. California also mandates that both parents have a responsibility to support their children, and courts generally will not award lifelong spousal support. Depending on circumstances such as what is in the best interests of the children, the length of the marriage and the mother's earning capacity, a judge may or may not award support for a set period with the expectation that the stay-at-home parent uses it to become "self-sustaining." If the mother has disabled children who need extra care, the court will view her case differently than if she has teenage children and a relevant degree.
Create a new budget
Stay-at-home mothers need to establish a budget separate from the household one. They need to know what they can afford in their new situation and allocate funds accordingly.
Women become stay-at-home mothers for numerous reasons from unaffordable childcare to believing children need them at home. Regardless of the reason, they often find themselves at a financial loss in the wake of a divorce. Even when a court awards financial support, there is often the condition that the mother needs to use it to become self-supporting. By remaining aware of their financial situation and beginning to work or accrue skills necessary to get a good job, stay-at-home mothers can help ease life during and after divorce.]]>On Behalf of Law Office of Stuart E. Bruershttps://www.bruerslaw.com/?p=516942024-02-27T20:35:46Z2024-02-28T20:35:38ZAdvantages of lump-sum spousal support
Lump-sum spousal support should fulfill the spousal support obligation in its entirety. It offers a clean break in financial ties between the ex-spouses.
It also gives both parties certainty. By settling the support obligation upfront, the paying spouse avoids the uncertainty of potential future modifications. For example, fluctuations in income can lead to changes. There may be tax advantages in some situations, too.
Considerations before opting for lump-sum payments
Both parties need to carefully consider their financial circumstances and future needs. For the paying spouse, this means having the financial resources to make the one-time payment without causing undue hardship.
For the supported spouse, a lump-sum payment means giving up the potential security of periodic support payments. The spouse should assess whether the lump sum adequately addresses their financial needs, including expenses such as housing, health care and education.
If the supported spouse is also getting child support, coordinating spousal support with it may make more sense. A spouse who struggles to manage money may prefer regular payments. The same could apply to a spouse who is in retirement or who has irregular income.
In California, both spouses and the court must approve lump-sum spousal support payments. This helps ensure the arrangement is fair. The length of the marriage, each spouse's earning capacity and their respective financial needs factor into the appropriateness of a lump-sum payment.
While lump-sum spousal support payments offer certain advantages, they are not the best fit for every divorcing couple. Weigh the potential benefits and drawbacks before making a decision.]]>On Behalf of Law Office of Stuart E. Bruershttps://www.bruerslaw.com/?p=516922024-02-10T17:08:41Z2024-02-14T17:08:16Z1. Changing perspectives on marriage and personal fulfillment
As people age, they often undergo significant personal growth and introspection. With increased life expectancy and better health, older adults are reevaluating their priorities and seeking greater personal fulfillment. Unlike previous generations, where staying together for the sake of the family was common, today's older couples are more likely to prioritize their happiness. As societal attitudes towards divorce shift, older people feel it is acceptable to pursue a life that aligns with their aspirations, even if it means ending a marriage.
2. Financial independence and autonomy
Another contributing factor to the surge in divorces among older adults is financial independence. Unlike younger couples who may struggle with money, many older people have established stable careers and accumulated wealth over the years. This financial security provides them with the freedom to make independent decisions regarding their relationships. As a result, older adults have fewer economic concerns and often feel more ready to initiate divorce proceedings if they feel dissatisfaction in their marriages.
3. Lingering marital issues and unresolved conflicts
Many older couples face unresolved conflicts that have simmered beneath the surface for years. As children leave the nest and couples find themselves spending more time together in retirement, underlying tensions and grievances may resurface. Without the distractions of work and parenting, older couples may confront issues they previously ignored or suppressed. Also, as people age, they may become less tolerant of dissatisfaction and more motivated to seek resolution, even if it means ending the marriage.
AARP reports that the divorce rate among Americans 65 and over tripled between 1990 and 2021. As society evolves, it becomes increasingly important to recognize the diverse reasons behind marital dissolution among older adults and provide support systems to navigate this life transition.]]>On Behalf of Law Office of Stuart E. Bruershttps://www.bruerslaw.com/?p=516902024-01-30T02:38:59Z2024-02-01T02:37:55ZThe emotional toll
The Judicial Branch of California covers different types of parenting time orders, such as open, scheduled and supervised orders. Parenting time violations can cause immense emotional distress for non-custodial parents. Being denied access to their children or having their scheduled time disrupted can lead to feelings of sadness, frustration and even depression. The inability to spend quality time with their children can create a sense of loss and distance, impacting the parent-child bond.
Consistent parenting time violations can strain the relationship between non-custodial parents and their children. When a non-custodial parent loses access or their time is frequently disrupted, it can lead to a breakdown in communication and trust. This can result in a weakened bond and difficulty in maintaining a healthy parent-child relationship.
The legal consequences
Parenting time violations can also have serious legal consequences. Non-custodial parents have the right to enforce their court-ordered parenting time. They can seek legal remedies such as filing a motion for contempt. They can also try to modify the custody arrangement. Navigating the legal system can be complex and costly. This often adds further stress to an already challenging situation.
It is important for both custodial and non-custodial parents to prioritize open communication, cooperation and respect for the parenting time arrangements. By understanding the consequences of these violations, people can work towards creating a more supportive and nurturing environment for both parents and their children.]]>On Behalf of Law Office of Stuart E. Bruershttps://www.bruerslaw.com/?p=516882024-01-25T17:47:20Z2024-01-26T17:45:56ZDocument your observations and concerns
Begin by documenting any observations or behaviors that raise concerns. Record specific incidents, dates and details of your child's behavior or statements that indicate possible abuse. This documentation can be valuable when addressing the issue with the appropriate authorities.
Contact Child Protective Services
If you believe your child is in immediate danger, contact Child Protective Services in California. Provide them with the documented evidence and share your concerns.
CPS swiftly investigates child abuse allegations, prioritizing the safety and well-being of children. It serves as an expedited avenue for intervention, ensuring timely actions to address concerns and protect children from potential harm.
Seek medical attention if necessary
If your child has any physical injuries or shows signs of potential abuse, seek immediate medical attention. Document the injuries with photographs and obtain a medical report detailing the nature and extent of any harm. Medical professionals can provide evidence if legal intervention becomes necessary.
File a police report
If you believe your co-parent committed a crime, such as physical abuse, sexual abuse or endangerment consider filing a police report. Law enforcement can conduct an investigation and take appropriate action to ensure the safety of your child.
Consult with a child therapist
Engage a child therapist to help your child cope with any emotional or psychological impact they may be experiencing. A qualified therapist can offer professional guidance and can provide expert testimony if the case progresses legally.
Request a modification of visitation
If you suspect your co-parent is abusing your child during visitation in California, discontinuing visitation without proper legal authorization can have consequences. If you have serious concerns about your child's safety during visitation, you can request a modification of the visitation arrangement.
Provide the court with your documented evidence and present a compelling case for why modification is necessary to protect your child. Getting an immediate visitation modification hearing based on suspected child abuse is challenging. The legal process typically involves filing a request, presenting evidence and awaiting a court date.
Maintain open communication
Throughout the process, maintain open communication with your child. Create a safe space for them to express their feelings and concerns.
Take meaningful, proactive steps to address the situation and prioritize your child's safety.]]>On Behalf of Law Office of Stuart E. Bruershttps://www.bruerslaw.com/?p=516862024-01-16T20:06:34Z2024-01-17T20:06:26ZDetermining income
In Torrance, the median household income is $109,554, but it can drop when parents living together split. For self-employed parents, determining income can be trickier than for those with traditional employment. In California, the court considers the gross income of both parents, including earnings from self-employment. This includes profits, dividends, rents and other sources of income.
Self-employment income often fluctuates, making it challenging to determine a consistent amount for child support calculations. In California, the court may use income averaging over a reasonable period to provide a more accurate representation of the parent's financial situation.
Documenting income sources and expenses
Accurate documentation is important. Self-employed parents must maintain careful records of their income sources and business expenses. These records serve as evidence during child support proceedings. The court may scrutinize bank statements, tax returns and business records to establish a comprehensive financial picture.
While it is necessary for self-employed parents to document business expenses, the court may scrutinize these claims. Child support calculations may exclude certain expenses deemed excessive or unrelated to the child's well-being.
Imputing income for child support calculations
In cases where a self-employed parent attempts to conceal income or manipulate financial records, the court may impute income. Imputing income involves assigning an amount the parent should be earning based on their skills, education and employment history. This ensures a fair assessment of child support obligations.
California child support calculations account for the tax implications of self-employment income. The court considers both federal and state taxes the parent pays. This ensures a fair assessment of available income for child support purposes.
The process aims to ensure a fair and accurate representation of each parent's financial situation for the well-being of the child.]]>On Behalf of Law Office of Stuart E. Bruershttps://www.bruerslaw.com/?p=516832024-01-08T20:27:39Z2024-01-08T20:27:39ZChild support and custody arrangements
The California Department of Child Support Services found in its 2019 semi-annual report that over 91% of its cases require establishing support orders. At the same time, about 59% of cases are in arrears, meaning that a parent is not covering payments for some reason.
In California, child support and custody are distinct arrangements. This means that even if a parent is not getting access to their child, they must still pay child support if a court order is in place. Courts calculate child support payments by the income of both parents and the amount of time each parent spends with the child. Even if one parent has little to no access to the child, they might still have to pay child support.
Options for parents without appropriate access
If one parent is refusing the other visits with their child, the denied parent has legal options to try and regain access. The first step is to try and work out a solution with the other parent, possibly with a mediator's help.
If this is not successful, the parent can file a motion with the court to enforce visitation rights. The court may order the other parent to allow visitation or even modify the custody arrangement if it is not in the child's best interests.
Modifying child support orders
A parent may be able to modify a child support order due to a change in circumstances, such as a loss of income or a change in the custody arrangement. However, a parent can only make child support modifications through the court system. Simply stopping payments or reducing them without a court order can result in legal consequences.
Penalties for nonpayment of child support
If a parent fails to pay court-ordered child support, there can be serious consequences. These can include wage garnishment, seizure of tax refunds, suspension of driver's licenses and even jail time in extreme cases. Parents should understand that child support is a legal obligation, and failure to pay usually incurs penalties.
Child support and custody arrangements are complex issues, and it can be hard to know what to do if one loses access to a child. However, parents should understand that child support is a legal obligation that one cannot simply discard, so other resolutions are more fitting.]]>On Behalf of Law Office of Stuart E. Bruershttps://www.bruerslaw.com/?p=516812023-12-20T16:37:21Z2023-12-20T16:37:21Z1. Gather financial information
Begin by compiling all financial documents. This includes income records, tax returns, bank statements and any debts or liabilities. Accurate financial information is important for fair property division and support considerations.
2. Create a budget
Establishing a budget is a practical step to assess your financial situation post-divorce. List your monthly expenses and income to gain a clear understanding of your financial needs. This can be valuable when discussing spousal or child support.
3. Secure personal documents
Collect important personal documents, such as birth certificates, social security cards and insurance policies. Having these readily available will simplify administrative processes during and after the divorce.
4. Open individual accounts
Consider opening individual bank and credit card accounts. This ensures that your finances remain separate from your spouse's and allows for an organized financial transition.
5. Establish a parenting plan
For couples with children, developing a parenting plan is important. Outline schedules for visitation, holidays and decision-making responsibilities. This provides clarity and stability for the children during the divorce process.
6. Seek emotional support
Divorce is emotionally challenging, and seeking support is important. Connect with friends, family or support groups to help navigate the emotional aspects of the process.
Considering that 689,308 divorces occurred in 2021, you are not alone in needing to start a new chapter in your life. By taking a few practical steps, you can navigate the process with greater ease.]]>On Behalf of Law Office of Stuart E. Bruershttps://www.bruerslaw.com/?p=516792023-12-08T16:09:37Z2023-12-08T16:09:37ZExperiencing physical harm or threats
If your spouse inflicts physical harm on you or threatens to do so, this is a clear sign that you need to take action. Physical abuse is never acceptable, and the law in California takes such matters seriously. You should not overlook any form of physical aggression, no matter how minor it may seem.
Intimidation and harassment
Intimidation and harassment are other significant indicators. If your spouse consistently intimidates you or engages in behavior that causes you to feel unsafe, consider a restraining order. This includes stalking, verbal threats or any other form of harassment that disrupts your peace of mind.
Destruction of property
If your spouse intentionally destroys your property, this behavior reflects a lack of respect for your boundaries and personal space. Destruction of property can escalate to more serious forms of violence and you should never take them lightly.
Controlling behavior
Excessive control over your life, such as dictating who you can see, where you can go or limiting your access to financial resources, is a form of abuse. This behavior can be suffocating and is a valid reason to seek a restraining order.
Impact on children
If you have children and they are witnessing abuse or are the targets themselves, it is important to protect them. A restraining order can offer a shield for both you and your children from an abusive spouse.
Recognizing these signs in your relationship with your spouse is key to taking the necessary steps to ensure your safety. California law provides mechanisms to protect individuals from domestic abuse. Remember, prioritizing your safety is not just a legal matter but also a step towards preserving your well-being and dignity.]]>On Behalf of Law Office of Stuart E. Bruershttps://www.bruerslaw.com/?p=516772023-11-30T22:37:01Z2023-11-30T22:37:01Z1. Length of the marriage
The duration of the marriage is a significant factor in property division. Longer marriages tend to result in a more equal distribution of assets. The idea is to ensure both parties can maintain a reasonably similar standard of living post-divorce.
2. Contribution to property acquisition
The court considers the contributions each spouse made to the acquisition of property during the marriage. This includes financial contributions but also non-financial ones, such as homemaking and child-rearing. The goal is to recognize the efforts of both partners in building a life together.
3. Economic circumstances
The financial circumstances of each spouse play a role in the property division process. The court takes into account the earning capacity, income and financial needs of each party. This ensures that the division is fair and considers the ability of each spouse to support themselves after the divorce.
4. Custody of children
If there are children involved, their custody can influence who gets the house. The primary custodial parent, the one with whom the children will primarily reside, may have a stronger claim to the family home. This is often to provide stability for the children in familiar surroundings.
5. Debts and liabilities
The court also considers the debts and liabilities incurred during the marriage. The division of property takes into account not just assets but also obligations. Ensuring a fair distribution of both assets and liabilities is a key aspect of the property division process.
In 2021, 689,308 divorces occurred in the U.S. Understanding the division of assets may help lead to a more amicable final resolution.]]>