Nelson | Kirkman Lawyers Formerly Paul J Nelson and Associates
Providing divorce and family law representation to Newport Beach and the surrounding area

Newport Beach Family Law Blog

Factors that impact child support awards in California

Many clients often ask how their income impacts child support, especially if one spouse is the primary breadwinner and the other has long been a stay-at-home parent. In cases such as this, the awarding of child support to the nonbreadwinner custodial parent is thought of as a way to even the playing field for parents with disparate incomes.

In California, a complex formula is used to determine how much child support will be awarded in a particular case. It takes into account how many kids there are, custody arrangements, the income each parent generates and how much in tax deductions each has.

How a lifestyle analysis can impact how much alimony you receive

Not too long after you and your spouse initiate divorce proceedings, you'll be asked to complete a financial affidavit. In this disclosure, each spouse will be responsible for documenting respective income, assets, debts and expenditures.

When filling it out, you shouldn't guess or estimate amounts. The financial disclosure is a legal document that you're attesting you filled out accurately. It can greatly impact how much spousal support you'll be entitled to in your divorce case.

Moving away or traveling abroad with your child in California

If you're interested in either moving or traveling out of the area, state or country with your child, then whether you'll be allowed to do so will depend greatly on the custody agreement you have agreed to with your ex.

In most cases, a parent who has sole custody of a minor is entitled to move without much of a fuss provided that he or she can demonstrate that the move won't cause any undue problems for his or her child.

Can I save my business from my divorce?

Divorce is rarely an easy transition for anybody, but for the business owner it can be disaster. If you own a business and face divorce in California, you may have some very difficult decisions to make if you want to keep the business intact throughout the divorce and beyond.

The simplest way to protect a business from divorce is through a prenuptial agreement, or if that is not possible, a postnuptial agreement. Prenuptial and postnuptial agreements can create a legally binding protection around your business so that your spouse does not dismantle the business in a divorce settlement. Prenuptial agreements are generally stronger, but a postnuptial agreement protecting your business from property division is better than nothing if that is still an option.

Does remarriage impact how much child support I receive?

If you married young and jumped right into having kids, then it's possible that, over time, you found your feelings for your spouse waning. Now that you're older, you may feel as if you have a better grasp of what you're looking for in a partner and be ready to remarry.

The good news is that you don't have to sacrifice getting married again just because you wish to continue receiving child support to take care of your kids. You also don't have to tell your new spouse that you can't help contribute to buildling a life together, adopting or supporting their kids, or even introducing new ones to the mix because of a fear that you'll lose it.

How alimony impacts your ability to qualify for a mortgage loan

There's something you'll want to keep in mind when negotiating for spousal support in your divorce in your case. Whether you're paying it or receiving it, either way, it can greatly impact your ability to purchase a home.

For the recipient spouse, it is possible for the alimony you receive to be perceived by lenders as income. In order for it to be thought of as such, you'll need to show that you've received those funds consistently each month during the six months prior to you applying for the mortgage. You'll also need to show that you're scheduled to continue receiving it for the next three years.

Situations in which a child support modification may be warranted

The noncustodial parent either loses his or her job or gets a promotion, has another child or receives a big inheritance. Or maybe the shared child starts starts attending a better school or begins participating in more expensive extracurricular activities. These are all examples of situations in which one or both parents may wish to see out modifications to a child support agreement.

Child support is intended to replicate the level of financial report would have been available to them to cover their expenses had his or her parents never separated. A lot of different factors shape how much the custodial parent is awarded to take care of their child, including how much income each party receives and how many other kids a parent has to support.

Factors to consider in complex property division divorce cases

In dividing up property during a divorce, one of the biggest mistakes couples make is not properly assessing the value of their assets. It's only after a divorce settlement has been reached that an ex-spouse realizes that he or she has gotten the short end of the stick when it's sometimes too late to go back and change things.

That's why it's abundantly important for divorcing spouses to seek out the right people to assign a value to their assets. It's also important for you to be deliberate in documenting your everyday and future expenses. Knowing what these are will be critical if you're looking to keep up the lifestyle you've become accustomed to living.

Using mediation to work through issues in a high asset divorce

The higher your income, household assets and standard of living, the easier it is to fall into a serious disagreement with your spouse about your pending divorce. There is a broad range of issues you may not agree on. Maybe you've been working and running your own business for years, while your spouse stayed home. Perhaps you don't agree on how to fairly divide the assets from your marriage or how to split up custody of your children.

You may think that a messy divorce is inevitable, but you may be able to avoid one yet. If you and your spouse can still communicate and compromise, mediation could be an option instead of a contentious divorce.

When things change, revisit your child support order

Parents know that kids seem to change overnight. It can feel like they are babies who need parents for everything one second, and then you blink and they are filling out college applications. Parents also go through significant changes when they start new relationships, have more children or suffer personal losses.

For better or worse, kids and parents change over time. And while this may just be a time of adjustment for some people, parents who pay or receive child support should know that change can require a support modification. Below, we examine some of the events and scenarios that might warrant a child support modification request.

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