Divorce and Family Law Blog

May 26, 2023 / Parental Rights

What Is the Difference Between Paternal Rights and Parental Rights?

Parental rights and paternal rights are not interchangeable. The two terms are related, but understanding the differences between them is critical. Parental rights belong to the legally-recognized parents of a child, while paternal rights belong to the legally-recognized father alone. Paternity Must Be Established Before Rights Are Recognized Before any person tries to exercise paternal […]

May 25, 2023 / Divorce

Divorce Issues Caused by a Mother-In-Law

Every marriage can be challenging. When you spend your entire life with the same person, eventually, you will experience conflict and frustration. The longest marriages find ways to overcome these difficulties and celebrate the good times. But not all marriages do as well. When the issues become too frustrating, you may consider getting a divorce. […]

April 27, 2023 / Child Support

Why Do I Have To Pay Child Support if I Share 50/50 Custody?

Generally speaking, you must provide financial support for your child, regardless of your relationship with the child’s other parent. This remains true whether you are divorced or were never married in the first place. It also does not matter whether you are a custodial or a non-custodial parent. You are expected to pay your fair share of […]

March 20, 2023 / Divorce

What Is Gray Divorce?

Many people feel “gray” when they are sad or depressed. However, the term “gray divorce” does not refer to a spouse’s emotional state as they go through the divorce process. Instead, a gray divorce occurs when spouses who are over 50 years old end their marriage. Gray divorce is becoming very common in the United […]

March 19, 2023 / Divorce

Who Should File for Divorce First?

Generally, it does not matter who files divorce papers first. California is a no-fault divorce state, so the parties do not need to prove “wrongdoing” to end their marriage. Furthermore, the court does not give preference to the spouse who files. However, there could be some advantages to filing for divorce first in California. Therefore, if you […]

March 8, 2023 / Child Support

At What Age Does Child Support End in California

Parents can expect California child support payments to continue until their child turns 18 years old. Child support payments are based on California child support guidelines. Most standard child support orders terminate payments upon the child’s 18th birthday. That is when the child is considered an adult. However, some situations change the age when child […]

February 22, 2023 / Child Custody

How Does Child Custody Work After the Death of a Parent or Guardian in California?

The death of a parent or guardian can be devastating for a child. In most cases, stability and continuity are in the child’s best interests. For that reason, it is presumed that the child’s other biological parent will assume sole custody after the death of a parent or guardian in California. California Family Code §3010(b) […]

January 18, 2023 / Divorce

When Is a Marriage Irretrievably Broken, and What Does That Mean?

Divorce laws vary by state. Each state decides what grounds a person must prove to end a marriage. Many states still have grounds that include “fault” causes of action. “Fault” divorces are based on wrongdoing. For example, a spouse must prove the other spouse is guilty of adultery, abandonment, abuse, habitual drunkenness, or other wrongdoing […]

December 21, 2022 / Spousal Support

Is It Possible To Collect Child Support from a Deceased Parent?

California child support laws require parents to provide financially for their children, even if they do not live with them. The financial support is paid to the custodial parent (the parent whom the child lives with most of the time). The custodial parent depends on the child support payments to pay for the child’s essential […]

December 21, 2022 / Child Support

Is Child Support Considered Income in California?

It is wise to consider future tax implications when you negotiate a divorce settlement. The terms of your settlement agreement could impact your future tax returns. However, most individuals who divorce now in California do not need to worry about support being taxed as income. Is Child Support Taxable as Income in California? According to […]