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

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.

Factors important to determination of alimony

Unlike with child support, where payments and levels are predictable to some extent due to California guidelines, judges are never required to order spousal support. In fact, a couple who negotiated alimony payments may still see them changed by the court in the final agreement. The good news is that, despite the lack of hard and fast rules, understanding the purposes and guidelines can demystify judicial decisions regarding alimony.

Homemaking and child-raising are important roles in a family, but this work fails to translate into a stable career for a former spouse requiring income. One of the reasons for spousal support orders is to rectify the situation by allowing the recipienttime to pursue education and job skills. Courts will typically set a time limit on this type of support. Judges may choose to not limit support intended solely to maintain standard of living.

What to do about a suddenly failing business during divorce

Your spouse owned a business when you got married, and together, you've been working on it for some time. It has been profitable, but it has also caused stress in your relationship.

Now that you're getting a divorce, you need to have the business valued to know the best way to split your assets. Oddly, your spouse states that the business is not profitable, even though you've been living like it is. You think this is an obvious lie and his or her attempt to make sure you get less in the divorce.

Maintaining parental consistency during a divorce

Many things can be important for a child as they are growing up. One is consistency.

How much consistency children experience at home is greatly impacted by the actions of their parents. This includes how on the same page their parents are when it comes to things like household rules and the expectations, consequences and rewards connected to such rules.

Dividing art in a complex divorce

Between the two of you, you've collected thousands of dollars of artwork. Maybe one of you has made art yourself, and today, while faced with divorce, you need to know how to divide those assets.

In terms of property division at divorce, art is an asset, and as such, it falls under the same rules as other kinds of community or separate property. If you had the asset before your marriage, it may be treated as separate property. If you collected the art during your marriage, it's likely categorized as community property, the value of which is subject to division in a California divorce.

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