California Spousal Support Basics

If you’ve just started researching California spousal support basics (or, if you need a refresher), this article will get you started in the right direction. However, if you need specific advice about your individual situation, it’s likely in your best interests to consult with a qualified family law attorney. In the meantime, it will help you to know…

Spousal Support is NOT Automatic

In California, spousal support is not automatic. If you need it, you must ask for it.

After you file your petition for dissolution (initial divorce papers), file your request for temporary spousal support immediately. If you don’t, you may miss out on several months of payments.

In addition, when you consult with your family law attorney, be sure to let him or her know if you want to explore permanent spousal support.

Written by Robert S. Kamin. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Changes in Spousal Support: When and How it’s Done

OCEANSIDE, CALIFORNIA – Going through a divorce is never a pleasant experience. Being forced to pay alimony to your former spouse can be an unpleasant monthly reminder of the chapter you’ve fought to close. But continuing to pay alimony to a former spouse who’s moved on and is being supported by someone else? That is like rubbing salt in a wound for some.
Recently we’ve had a couple of clients who found themselves in this situation and we’re happy to report that the outcome for our clients was favorable. We successfully reduced the amount of spousal support they were required to pay. But these scenarios raise some common questions, which we’re addressing in this article.

Written by John Griffith. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Alimony: Are The Days Of Longterm Alimony Behind Us?

Is longterm alimony becoming less common?

According to Barry I. Finkel, a family law attorney, there is a nationwide trend against lifelong alimony. Finkel stopped by HuffPost Live on June 18 and explained that the changing economic times may be helping make this form of alimony a thing of the past.

“Mostly you live now in two income homes,” he said. “And the times of a woman sacrificing her career to raise the children are few and far between.”

To hear more of Finkel’s thoughts on the subject, check out the video above (and watch the full segment here), then click through the slideshow below to quiz yourself on the biggest celebrity divorce settlements.

Written by Huffington Post. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Equal Child Custody Revisited

Several months ago I submitted a blog entitled “Why Equal Child Custody Should Not Be Presumed.” It is accessible on the Huffington Post Divorce Website in permanent archives. In that blog I stated that one size does not fit all and that I believed the statutory policy requiring 50/50 equal custody should not be the law.

I have received some comments where people have been very upset over my position.
In the state of Michigan where I practice there have been proposals in the legislature to have the statutory presumption for joint, equal, physical custody. The law has not been passed as of this date.

The general view of the attorneys who specialize in family law is that one size does not fit all. The view is that custody and parenting time should be decided on a case by case basis without a mandate or rebuttable presumption.

There clearly is a trend in Michigan and elsewhere towards a sharing of custodial arrangements.

There is also a trend to get away from some of the arguments over semantics. In Michigan there is a presumption favoring joint legal custody, which means that in almost every case the parents are to share in any major decision making consistent with the best interests of their children. This covers medical issues, school related issues, religious issues, and extracurricular activities by way of example.

Written by Henry Gornbein. To read the full article, click here.