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Lost Your Job During The Pandemic? What You Need To Know About Paying Alimony

July 4, 2021May 10, 2021 by wpadmin

The pandemic changed a lot for everyone, especially those who lost their jobs. In addition to job loss, some individuals lost income from Retention Stock Units (RSU’s) that were negatively impacted by the stock market drop. In addition, small businesses closed because of stay-at-home orders and mandatory shut-ins.

Depending on the extent of financial loss you experienced, you may be unable to continue your alimony payments in the amount you are obligated to. In some cases, you may not be able to make the payments at all.

For example, if you or your former spouse experienced job loss due to the pandemic, you might be able to modify your alimony judgment. However, there are a few things you need to know about paying alimony or modification because of job loss.

Can Alimony Be Modified?

Depending on your alimony agreement, your alimony payments may or may not be modified. If the agreement does not list it as modifiable, then it can be. If the agreement does state that it cannot be modified, it should list circumstances where it can be modified. These circumstances can be job loss, disability, or other major life events. The third option is that the agreement states in no circumstances can it be modified.

How Can It Be Modified?

If alimony can be modified, the law states that the amount can be increased or decreased as circumstances and justice requires. In this case, you must show that there has been a material change in circumstances, such as job loss or reduced income since the original agreement or court order was issued.

Be Up Front & Honest About Your Financial Situation

Even if you’re only anticipating a change in your income, it’s crucial to talk to your ex and explain the situation. Make it clear that you want to communicate and plan to modify payments when business picks up again. A little bit of goodwill and honesty will go a long way in working to lower support payments for now.

Remember, your ex is receiving this money because they need it. They’ll have to make adjustments to their expenses too. The more communication and time you can give to help them plan, the better the negotiation will go for now and in the future.

Try To Reach An Agreement Together

If you and your ex can have an open and honest discussion about your loss of income or potential, you may want to try and discuss coming to an agreement together. Unfortunately, courts are closed to hear cases during the pandemic, and it can be months before you can have a hearing or mediation. Not to mention, you’ll save time and money working things out together.

Be mindful that your tone is critical to your success. You don’t want to say anything that could be perceived as a demand or criticism. Communicate clearly, but empathize that you understand the impact this will have on them as well. If you and your ex can agree to an agreement, make sure you get it in writing and submitted to the court as is required.

When Does The Modification Go Into Effect?

In California, spousal or partner support cannot be changed retroactively. For example, if you lost your job three months ago and are just now filing papers to change your order, the judge cannot go back to the day you lost your job. They can only go back as far as the date you filed your papers in court requesting the modification.

What Do I Need To Do To File For A Modification?

If you and your ex can come to an agreement, you need to file the request to the court. The process of filing a request for modification takes quite a few steps:

Fill out your court forms – Check out the California Courts website for specific forms to complete.
Have the forms reviewed by your attorney.
Make two copies of all forms for your ex and the court’s copies.
File the forms with the court clerk – the clerk will keep the original and return your copies stamped “Filed.”
Get a court date.
Serve the papers on your ex – you must have someone other than yourself serve these papers.
File proof of service – once your ex has been served, file the proof of service.
Go to the court hearing – take a copy of your papers and proof of service. Bring your proof of income and expenses to support your argument for modification.

Once the judge makes a decision, they will sign a court order. Once the order is signed, it cannot be modified unless another request is submitted.

Consult An Attorney

Modifying your spousal support payments can be a complex and confusing process. There are forms, documents, and court hearings to consider. Even if you and your spouse agree to the modification, consulting an attorney and ensuring you file the right paperwork is critical to your success.

At Azemika & Azemika, our law firm is exclusively devoted to the field of family law. We handle divorce cases, dissolution of domestic partnerships, child custody, visitation, child and spousal support, paternity, abandonment, and adoptions. Our partners at Azemika & Azemika will put their expertise to work for you and make sure your case is customized to your needs. Contact us today for your free case evaluation.

What Qualifies You for Alimony in California?

September 2, 2024April 30, 2021 by wpadmin

Are you facing a divorce and wondering if you qualify for alimony? This is a question a lot of people ponder about – many factors will influence spousal support in the state of California.

What qualifies you for alimony in the state of California? Figuring out alimony can get complicated. There are 4 key elements to qualifying for alimony that you will need to understand. These are:

The Length of Your Marriage
Marital Standard of Living
Debts & Assets
Ability to Become Employed

When it comes to divorce and money, it can be overwhelming, stressful, and emotional. In this article, we will go over a few key elements the State of California will look at to see if you or your spouse will qualify for alimony.

1. Length of Your Marriage

If you or someone you know is currently going through a divorce, then you may have heard some legal terms such as pendente lite, alimony, and long-term spousal support. Understanding these legal terms will help you understand how the length of your marriage will impact a spousal support order.

Do not forget that you and your soon-to-be ex-partner can agree to a spousal support agreement without the court’s help. This would be the best possible outcome to have instead of going through the courts.

Once the length of your marriage has been determined, there are 5 different types of alimony you can seek.

Temporary Alimony
Rehabilitative Alimony
Permanent Alimony
Reimbursement Alimony
Lump-Sum Alimony

2. Marital Standard of Living

The marital standard of living refers to the lifestyle that both parties enjoyed during the duration of their marriage. This standard of living will include considerations such as:

How often did the couple eat out?
Where the couple usually shopped for clothing
How much did the couple spend on their housing situation?
How big is the marital house?
Where was the marital house located?
What types of schools did the children go to?
Where and how often did the couple go on vacations?

After the divorce, it is typically not feasible for both spouses to maintain the same lifestyle as they once enjoyed together.

For example, in re Marriage of Smith, this case describes the marital standard of living within your means. This case displayed that if both parties were spending more than the income they were taking each month, this should not be a deciding factor in what the court will determine as the marital standard of living. The court will then have to look at the actual income earned rather than the amount spent.

3. Debts & Assets

A community property state, such as California, will look at all assets and debts obtained during the duration of the marriage. If you and your spouse have accumulated assets, such as houses, cars, boats, and the like, this will all get considered during the spousal support process. However, your debts and assets that you’ve obtained before you got married will be separate.

The one thing that the court will never take into account with spousal support is your student loans. It does not matter when you took the student loans out. In the court’s eyes, student loans are considered separate property.

But, the courts can and will consider any bank accounts that you both shared, even if one name is on the account. As long as the other party would deposit their money into it, it becomes a community property at that point. The same goes for a retirement account.

What you should know is that each party will have an equal share of all assets. The court will divide the assets equally between both parties. However, the parties can agree to do an unequal division if they want.

When it comes to marital debt, the courts will not get involved. The debt will have to get settled between the two parties. The courts will not make a binding contract for any debt that stemmed from the marriage. For instance, if one party says they will pay all of the marital debt but does not pay them, the creditors can still come after both of you for the total amount.

4. Ability to Become Employed

In situations where the other party is unemployed, it is common for the supporting party to ask for the other party to get put under a work efforts order along with a request for the Gavron warning, which is under Family Code 4332(b) states:

“In a proceeding for dissolution of marriage or legal separation of the parties, the court shall make specific factual findings concerning the standard of living during the marriage, and, at the request of either party, the court shall make appropriate factual determinations concerning other circumstances.”

When filing for a spousal support order, the court will advise the other party to make reasonable efforts to help them support themselves during this time. The court will also take into account all circumstances under Family Code 4320.

But also should remember that spousal support can last for only half of the length of their marriage if the marriage did not last longer than 10 years. However, if your marriage lasted longer than 10 years, there is no limit on how long the spousal support order can stay in place. This information will give you an idea of how long you may be paying for the other party.

Before You Respond or File– Let’s Talk

Before you decide to file or respond, you have a lot to think about. It can get overwhelming trying to figure out how to respond to your partners’ paperwork or figure what paperwork to file first.

As long as you know any of these 4 qualifications to get spousal support, you are already ahead of the game. Divorcing is not pretty or easy, but understanding the qualifications and disqualifications for alimony will help make it a more bearable time.

At Azemika & Azemika, we know how spousal support works here in California because we specialize in California family law. We offer legal representation and advice based on understanding, trust, and integrity. Contact us today for your free legal consultation.

What Can I Do If a Parent Is Not Paying Child Support?

July 4, 2021April 20, 2021 by wpadmin

Has your former partner stopped paying their court-ordered child support? Sadly, it’s a widespread occurrence — a 2018 Census report showed that less than half of custodial parents received their full child support benefits. Many parents face this very situation and feel an increased pressure to meet the expenses that come with raising their child.

Adding to this already overwhelming problem are the complications involved in tracking down and communicating with your former partner. Did they leave the state and cut off communication? If you can find them, are they combative and unwilling to pay? Though this can put you in a lonely and challenging position, you aren’t alone. Thankfully, there are other ways to remedy the situation.

In California, custodial parents can file a complaint in court against the non-custodial parent for not paying child support (or not making payments in total). From there, the weight of resolving the problem is off your shoulders. The legal system will begin the process of notifying your former partner and getting the payments for you.

At Azemika Law, we are deeply involved with California divorce law and work with clients struggling to get the child support payments they’re entitled to. We wrote this guide to illustrate how California parents can get late, missing, or incomplete child support payments. Read on to discover your options.

Reporting Non-Payment

If your ex-partner has stopped sending payments in part or in full, the first step to remedy the situation is to bring a copy of your order to a child support agency. One of our Kern County family law attorneys can help you through the process of proving your ex-partner did not pay child support. The agency will then begin the work of collecting the missing money.

As a state department, the child support agency has many resources to locate a non-paying partner and get your child support payments. The first step is to send the non-paying parent notifications and a time frame in which to respond. Should they fail to respond, the agency may move on to any other methods listed below.

Suspension of Drivers Licence

The child support agency will contact the department of motor vehicles and notify them of the issue. In compliance with state law, the DMV will refuse to renew the non-paying parent’s driver’s license until they pay their debt. They may instead suspend or revoke the license. Depending on the severity of the situation, the DMV may choose to issue them a temporary license while your ex-partner makes back payments.

Suspension of Professional Licenses

By suspending professional or occupational licenses, the state prevents the non-custodial parent from working in specialized occupations. Often, this happens in concurrence with driver’s license suspension or immediately afterward. The lack of professional licensing prevents them from legally holding well-paying jobs in related fields and serves as the first financial punishment against them.

Credit Reporting

An often overlooked fact following divorce is that not meeting the child and spousal support obligations can hurt one’s credit score. Ideally, this adds additional pressure on your ex-partner to make payments. Unfortunately, if their credit score is already low, they may not care or even notice. However, the efforts don’t end there.

Collect Wages and Other Money

If your ex-partner collects disability, workers compensation, or a tax refund, the state of California can collect it instead and use it to pay missing child support as well as use it towards future payments. Sometimes, this occurs alongside wage garnishment.

Passport Suspension

If your ex-partner owes $2,500 or more in unpaid child support, they risk losing their passport until they meet their financial obligations. If they don’t have a passport, this will prevent them from getting one.

Filing A Motion of Contempt

If payments don’t resume after filing your complaint, it can become a criminal matter. At this point, you can file a motion of contempt with the court to hold the other parent liable to more severe penalties. Our firm can assist you through this process. However, keep in mind that there is a three-year statute of limitations on child support in California, so there comes a point where it is too late to collect on past payments.

California advises parents not to file a motion of contempt before using other methods because it carries both civil and criminal penalties. In some circumstances, a parent found guilty could even serve jail time.

Once you file the motion of contempt, a judge will hold a hearing to determine if the non-payments were intentional. That’s where the contempt itself lies: because child support, alimony, and other forms of spousal support are court-ordered, disregarding them is contempt of court. If found guilty, the court can enact any of the following punishments.

Wage garnishment or direct garnishment of their bank accounts
Order payments from benefit sources (pension, disability), gambling winnings, community property
Order the sale of their property to make back payments
Community service for at least 120 hours but increasing with each case of contempt
Payment of your legal fees going back to your first attempt to collect back payments
Rarely, a judge may order a fine for each case of contempt, but that is becoming less frequent
Jail time

These are only some of the penalties a California court can impose. However, there are potential federal punishments based on how much money they owe and if they deliberately attempted to avoid making them. Federal cases carry the most severe penalties, but state-level courts cannot impose them.

What If There’s a Reason for Non-Payment?

Your ex-partner may not be in the financial position to make payments. They may have even communicated this to you. However, simply stating this, even if they can demonstrate it to you, isn’t enough to remove their child support responsibilities.

A California child support agency allows parents to modify a child support order for many reasons, including financial hardship. So your ex-spouse will need to go through the process as soon as they realize they can’t meet their responsibilities. Should things go to court, hardship can’t be used as a defense if they didn’t try to modify the agreement on those grounds, even if they can demonstrate that they did not have the money.

Azemika Law Can Help

If you need help understanding the complexities of California divorce laws or would like an experienced attorney to help you work through divorce as efficiently as possible, call on our attorneys at Azemika & Azemika.
We are experts in Kern County family law who bring compassion and honesty to everything that we do. We’ll treat you and your family with respect and confidentiality as we help you achieve the best outcome possible. Contact us today to learn more about our expertise and what we can do to help you.

How Fast Can I Get a Divorce in California?

August 1, 2024March 30, 2021 by wpadmin

It’s not uncommon for spouses to be in a hurry to get through the divorce process. Depending on the separation circumstances, they may be in quite a hurry to move on with their lives. Whatever the reason, people often feel that they can’t wait to get their divorce behind them, and it’s one of the most common concerns divorce attorneys hear the most.

So how fast can someone get a divorce in California? According to California divorce laws, couples can only get divorced if they’ve lived in the state for at least six months. Bar that, the only other factors are how quickly you and your spouse can agree to the issues addressed by divorce. Here are some of the events that can speed up or (slow down) a California divorce.

Incomplete or Improperly-Filed Paperwork

Many people seeking to divorce as quickly as possible believe the first step is to file the relevant paperwork with their court. They may feel such a hurry that they do this themselves. Unfortunately, this approach often creates the first costly hurdle in expediting the process.

The first step should instead be to seek out an experienced family law attorney. A California family law attorney will make sure everything is filled out and filed correctly on your behalf. Any errors you make with the paperwork will delay the remainder of the divorce process and only serve to drag out the process and make it more costly than it already is, so save yourself the trouble and contact legal counsel early.

Even if you do complete the initial paperwork on your own, an attorney can help you in other areas of the divorce, especially if you and your spouse aren’t on the best terms and communication breaks down (as if often does at one point or another during the process).

You’re also required to serve notice to your spouse that you’ve filed for divorce, which you can do on the same day you file. From here, your spouse has thirty days to file a response. If they respond, and how they respond, could set a trial in motion. If they choose not to respond, a judge may make a default judgment. However, California has a mandatory six-month waiting period starting from when you serve your spouse before a judge’s decision goes into effect. That means that even a quick ruling won’t go into effect until that six-month period ends.

Disagreements Between Spouses

When it comes time for the division of property in divorce, California follows community property standards. The law defines community property as any assets (including property and income) that either party in a marriage acquired during the marriage. With community property, the division of property in a divorce sees each side getting half the total value of all assets.

Commingling property complicates this and is often where disagreements emerge. Property is commingling if its ownership can’t immediately be defined. The property you owned before getting married remains yours, but other circumstances can complicate matters. Often, this happens when one spouse helps another make payments for something, or they agree to share something before getting married.

You and your spouse can avoid commingling property issues if you can agree on how to separate property. California courts allow for couples to draw up their own agreements to split assets. However, an inability to cooperate will lead to even more delays as the judge and lawyers try to sort it out.

The same thing can occur with child custody disputes, child support, and alimony payments. In all of these instances, couples can work with their lawyers to draw up their own agreements and have them approved by a judge. Not doing so leads to an extensive discovery process designed to give the judge the most evidence possible so that they can make an appropriate ruling.

Maintaining communication, no matter how difficult, is essential to resolving your divorce as quickly as possible. If you find you can’t cooperate with your spouse, your lawyers can work as mediators. If you are unable to work with your spouse to reach amicable agreements for some reason, it falls on the court to do its work. Unfortunately, there’s no timeframe for how long it has to take and no guarantee that the court will do it quickly.

Disrupting the Process or Not Cooperating

It may sound similar to the previous point, but it’s very different. Instead of focusing on how you communicate with your spouse during proceedings, we’re talking about your attitude. How you act towards anyone involved in the divorce can have consequences, including slowing the whole process down.

People know that they shouldn’t be combative during their divorce, but it’s still an emotionally trying time for everyone involved. Still, it would be best if you practiced controlling yourself. Lashing out at others or being defensive only serves to interrupt things. In particularly bad cases, being combative will cast you in a poor light and likely affect the final ruling.

You should also be concerned with how you interact with your lawyer. You’ve hired them to help you, but they may choose to stop providing their services if you don’t treat them with respect. You also need to be honest with them. With issues like child custody and property and divorce, clients sometimes hide relevant information to protect themselves or try to skew the final verdict in their favor. Doing so not only leads to a lengthier discovery process but can convince your lawyer to leave your case.

The key to getting your divorce settled is to work with the proceedings. Do what’s asked of you by the judge and your lawyer. Don’t do anything to obstruct the proceedings or could be seen as trying to derail things. If you have pressing concerns, address them to your lawyer in private.

Notes On Uncontested Divorce

A divorce trial only happens when your spouse files an objection after you initially serve them. If they agree to the divorce, you can avoid a trial entirely. Remember that you still need to wait through the six-month grace period before it’s official, but if you want a fast divorce, an uncontested divorce is ideal.

If you and your spouse agree to divorce before you file, you and your lawyers can also work out agreements beforehand to make the process even faster. Your lawyer can help finalize arrangements before presenting them to a judge. If accepted, there won’t be a trial.

Azemika Law Can Help You

How Is Child Support Calculated in California?

July 4, 2021March 10, 2021 by wpadmin

An order to pay child support is one of the most emotionally-draining aspects of a divorce or separation. We understand that it is one of the hardest things to go through and can be one of the most overwhelming. Every state utilizes its own guidelines for establishing child support. While they share some similarities, they can ultimately be very different.

But how does California calculate child support?

Depending on your case’s specifics, it may not be as simple as you would hope. If you’re like most people, you’ve never thought to look into how California determines child support before filing for divorce. Let’s take a look at the particulars of California state law.

Understanding Child Support

When dealing with child custody, judges in California must rule in the child’s best interest. The same applies to child support orders. One or both parents may be required to pay child support to cover necessary living expenses for their child.

There are two key factors judges use to determine child support. The first is the total income of each parent. Both parties will be required to fill out an Income and Expense Declaration, which will determine the final estimates. A divorce attorney from our firm can assist you in completing the form.

The second is what’s referred to as the time-share. How much time you spend with your child gets broken down into a percentage and used with your income to determine who will be paying child support and receiving it.

It’s possible to determine what your child support responsibilities might be beforehand. The California government provides an online calculator here that includes all the factors of the state’s guidelines. Thoroughly reading the calculator requires knowledge of California law, but one of our lawyers can help you understand what it all means.

5 Common Questions About Child Support in California

We know there are likely many questions swirling around in your head when trying to figure out how to calculate what your child support could be. We’ve answered a few of the most common questions for you.

1. What About Multiple Children?

If you have multiple children, you’ll have to make payments for each child. A judge will use the first calculation to determine each payment. However, older children will receive smaller payments than younger kids.

2. What Does Child Support Cover?

There are specific things a parent’s child support payments are supposed to cover. These also factor into the overall payment amount. However, keep in mind that child support ensures that both parents share the responsibility in covering expenses.

All child support orders cover the basics of food, clothes, healthcare/insurance, and housing costs. Again, the party paying child support won’t be paying the entirety of these costs, just contributing. Though some other costs may not apply to your situation, these are mandatory.

Other costs that aren’t required but a judge may still order include medical bills, school-related costs (including extracurricular activities), and professional child care costs. Parents can elect to include other costs as part of child support, even if a judge doesn’t order them.

3. How Long Does Child Support Last?

As the name would imply, child support assists in raising children, but the commonly-held legal definition of an adult doesn’t necessarily apply here. While age certainly plays a role in determining when support stops, it’s isn’t always the only one. The only time that age is the sole factor is when a child turns nineteen.

A child support order may end when a child turns eighteen, but only if they have graduated high-school. An eighteen-year-old who is still a student, even if only part-time, is still considered a child and will require support. Child support payments end automatically once they are nineteen, even if they haven’t graduated.

If your child becomes independent through marriage or joining the military, they are no longer eligible to receive child support. Usually, this only happens once they are eighteen but may occur at a younger age depending on their location. You also cease to pay support for a child that has passed away.

The only time child support continues past nineteen is in the case of disability. If a court determines that a disabled adult cannot take care of themself due to their condition, they may order child support payments to continue. Such orders can continue until their condition improves, or longer if their situation doesn’t improve and allow them to provide for themselves.

4. Is Child Support Flexible in Any Way?

California created a set of rules for determining child support called the Guideline. While the Guideline utilizes a formula to determine child support payments, the state legislature recognizes that there are unique circumstances that they must account for to maintain fairness. A judge is required to acknowledge these factors when devising the final order.

The most significant variable that can alter support payments is a large discrepancy between both parents’ income. A payer who makes considerably more money than their ex-spouse will end up paying more, but the amount may be changed. The law allows this to prevent a parent from paying more than their share of expenses.

Something similar can happen when comparing time-share. A judge will consider how much time a parent gets to spend with their child and compare it to the financial support they provide. A parent who pays most child-rearing expenses but doesn’t get to spend much time with them may see their financial responsibilities diminish.

Of course, some factors can increase child support beyond the usual calculations. A child with a medical condition that results in high expenses will need more significant aid to have their needs met.

Keep in mind that a judge may change the order any time after ordering it as well. Often, this can occur due to a change in the children’s or one of the parent’s lives. If reported to a judge, they may deem a necessary change. Parents can also agree to make changes with the court’s consent or challenging aspects of the order.

5. What If I Can’t Pay Child Support?

If you miss a payment, it’s best to try and resolve the matter quickly. California will go through multiple avenues to recover the missed compensation. On top of that, the state adds ten percent interest to missed payments, increasing the amount you owe. In especially bad cases, you could face severe legal consequences.

If you can’t meet your payment obligations, it’s best to talk to a family law attorney as soon as you can. Depending on why you missed your payment, you may be able to change the terms of your child support order.

Hire Azemika Law for Your Child Support Case

Our team at Azemika & Azemika has been practicing in Kern County family law for over thirty years. If you need a family law attorney to help with your divorce, child visitation or support, custody, or adoption, you can count on us.
For comprehensive representation in any child custody and child support matter, call Azemika & Azemika Law. We will fight for and protect you and your family during the separation and divorce process. Contact us online or by phone to arrange an initial consultation with our attorneys.

Divorce, child custody, and your child’s best interest

September 27, 2024February 28, 2021 by wpadmin

What is the most stressful part of a divorce? The response changes from case to case, but for parents the answer will undoubtedly be child custody.

Fear of hurting their relationship with their children, having their parenting scrutinized by a judge and fear of losing their child to the other parent entirely are but a few factors that make divorce proceedings so difficult for parents.

If you are soon going through a divorce (or currently are), you can save yourself, your child, and your spouse a lot of distress by working out a child custody and visitation agreement right away. Here are some considerations when working out such an arrangement.

Best Interest of the Child

At the heart of every custody dispute is one matter: what is in the child’s best interest. It’s common that divorcing spouses allow bitter feelings to make every issue about themselves. When it comes to your child, a judge will make a decision based on the child’s needs, not yours.

Unless there is evidence of abuse, neglect, or irresponsibility, a child will get to spend time with both parents. How that gets divided will vary based on multiple factors, but if you and your ex-spouse work with divorce attorneys to create a custody plan, it increases the odds that you’ll both get the time and custodial responsibilities you want.

Physical Custody vs. Legal Custody

A big point of confusion in child custody law is the concepts of physical and legal custody. Some see one as being more significant, while others may not understand the difference at all. Knowing how they differ is essential to your post-divorce co-parenting plan.

Physical custody refers to who has custody of the child when. For example, if you have custody during alternating weeks, you would have physical custody during those weeks and your ex-spouse on the other weeks. Legal custody determines who makes major decisions regarding the child’s well-being, such as a physician or religious upbringing.

The benefit of collaborating with your ex-spouse on a child custody agreement is that you propose ways to divide both responsibilities however you want. Of course, you should still be realistic and consider your ability to meet the proposed obligations.

Consider Your Child’s Responsibilities

While each parent’s commitments will carry a lot of weight in joint custody discussions, it would be foolish to overlook those of the child. When parents separate, it’s a very confusing time for children. They have to navigate a new set of norms that sometimes calls their sense of security into question.

Keeping a child’s social life intact can provide them additional support during this difficult time. Playdates, after-school activities, and visits with extended family all help maintain a sense of regularity. Don’t disregard them as part of your joint custody planning. If your custody arrangement would eliminate any of these things from your child’s life, reconsider and accommodate for it the best you can.

Simplify Living Arrangements

The most common custody agreements see a child living between two locations to spend time with each parent. Depending on where the parents live, such arrangements could require a lot of travel for both parents and the child. If the custodial exchange is frequent, it could make it difficult for the child to get comfortable with the arrangement and new surroundings.

Recent years have seen growing popularity for a new joint custody trend called “bird nesting” or just “nesting.” Nesting doesn’t see the child moving between homes to live with the custodial parents in its simplest form. Instead, a primary residence will be shared by the parents so that the child doesn’t travel.

Let’s go back to the alternating weekly agreement again, and let’s say that your child lives at your residence. When it’s time for your ex to take custody, they will come to live in your home, and you would spend the week (barring visitation) elsewhere. It could be your ex’s home, other property you own, or joint property you both own.

Nesting requires a great deal of trust between both spouses, but it’s beneficial in that it removes the stress of having to travel from your child and gives them a sense of normalcy. It minimizes the disruptions they’ll experience while keeping both parents in the picture.

It would be best if you didn’t view nesting as a long-term practice. The main intention is to make adjusting to divorce easier for children. Eventually, they’ll reach a place where they can handle living between two homes and travel.

A joint custody proposal centered around nesting faces unique challenges, so it’s best to discuss potential difficulties and pitfalls with your divorce attorney.

Be Flexible With Your Plan

We all know events in our lives can run counter to even the most detailed plans, but understanding this doesn’t make it easier to pivot when changes are needed. Most people entering their first divorce know what they want but don’t know what to expect. When reality crashes into those expectations, things can get messy.

Your divorce attorney will tell you to temper your expectations and be flexible, but this should extend to your joint custody agreement as well. Temporary or permanent changes may be necessary as time goes on to keep both parents in the picture. Things like career changes, job promotions, new spouses, DUI convictions, and moving are just a few examples of significant events that can affect custody arrangement.

Being open to potential changes is only half the equation. The key to ensuring you can implement changes as needed is maintaining a civil relationship with your ex and regularly communicating with them.

Not all circumstances lend themselves to a friendly divorce, but co-parenting is a collaborative effort that requires give and take. The ability to set aside differences with your ex and look past the personal problems between you is paramount to getting your joint custody plan approved.

Involve Your Child

Remember: the most significant changes resulting from a divorce are happening to your child. Since it impacts them, it can help them understand and cope with what’s happening if they’re involved in the process.

Of course, what this means isn’t the same for every child. It’s not unreasonable, for example, to let a teen or pre-teen have a say in mother and father visitation. However, a toddler wouldn’t have enough awareness of what’s happening to make similar decisions. Still, they may want to choose seemingly inconsequential things, like what toys they keep at a specific parent’s home. In both examples, the child has some control over what’s happening, making them more accepting of the change.

Let’s Talk

Child custody and visitation arrangements are always developed to serve the child’s best interests. During any divorce proceedings, it’s important to discuss a potential parenting plan. If this is not possible, be honest with the court and any third-party evaluators. Doing so will help the judge order an arrangement that works best for the child.

For comprehensive representation in any child custody and child support matter, call Azemika & Azemika Law. We will fight for and protect you and your family during the separation and divorce process. Contact us today online or by phone 661-322-8166 to arrange an initial consultation with our attorneys.

What is a collaborative divorce?

August 1, 2024February 14, 2021 by wpadmin

The traditional divorce process can be incredibly stressful. Lengthy litigation, court costs, examination, and hostile feelings between spouses can affect all involved mentally, emotionally, and physically.

No matter how much you prepare for the process, its nature can quickly become very tiring. However, there are options available to avoid taking your separation to court. One such option is called collaborative divorce.

When spouses choose to pursue a collaborative divorce, they work out a settlement with family law attorneys while avoiding litigation. By making this agreement, they can work out every aspect of the divorce, such as division of property, alimony, and child support on their terms rather than have to make a case in court and have the result ultimately determined by a judge.

This allows for greater flexibility and, more importantly, avoids the additional negativity a divorce trial can bring. If you’re considering a collaborative divorce, here are some essential facts you need to know.

The Role of Attorneys

When both spouses agree to a collaborative divorce, they also agree not to pursue litigation against each other. That being the case, what role do attorneys play in the process?

Family law attorneys will help you in multiple ways. Though they aren’t making a legal argument on your behalf during a collaborative divorce, they can use their skills to work as your advocate while you and your spouse work on their settlement.

Both parties hire separate lawyers who help negotiate and iron out the agreement’s fine details so that there are no ambiguities. Unlike with mediators, spouses cannot share an attorney during this process.

However, you may find you’ll need additional help at various points. For example, when discussing how to separate property, it may be necessary to determine something’s monetary value. For this, you’d need an expert to give an accurate estimate. Family law attorneys have these connections in place and can bring additional resources into the discussions as necessary, saving you the trouble of having to seek them out on your own.

You Have Ultimate Flexibility

When a divorce goes to trial, the final terms have to follow state law. For example, when it comes to the division of property in divorce, California state law equally divides jointly-owned property between spouses.

The property you owned before the marriage remains yours, but anything that becomes shared may have its ownership questioned. Such items become commingling property, and if you can’t prove original ownership, it becomes a judge’s decision.

Collaborative divorce lets spouses customize the terms however they agree to, giving you greater flexibility regarding complicated issues like commingling property. It also removes uncertainty from the equation. The judge’s decision may go against what you hoped for or strike you as unfair. That’s not an issue with collaborative divorce.

While you may negotiate outside customary divorce laws, the goal should be to make both spouses satisfied with the final plan. It isn’t an opportunity to take everything you want. Doing so will stall (and potentially tank) the negotiations altogether. Be reasonable and expect some give and take.

You Don’t Have To Involve The Child

Divorcing parents have the additional complication of their child’s welfare to focus on. When a divorce goes to court, child custody disputes can be the most painful to litigate.

Doing so involves scrutinizing the parents, which may include questioning the child to learn more about how they feel and how their parents act. It can humiliate the parents and be scary for the child, and the ultimate custody decision could cause pain for anyone involved.

Thankfully, collaborative divorce allows you to establish all the terms of your separation, including child custody. With the help of their attorneys, spouses can shape a plan without involving their children at all. Of course, they can choose to involve them if they want, but it takes some of the stress of a divorce that children experience in either scenario.

Judges make child custody decisions based on what they believe to be in the child’s best interest. This can include any number of factors, including the employment and earnings of each parent, criminal history, and where they live.

When you and your spouse discuss child custody, the focus should still be on what’s best for your child. However, you can use whatever reasoning you like to make your conclusion and without having your life examined by a judge.

What If We Can’t Agree?

At the start of a collaborative divorce, you and your spouse sign a contract stating you won’t pursue litigation to resolve the divorce and instead work things out amongst yourself.

However, it may turn out that you hit roadblocks along the way, issues that no one is willing to concede. It can happen anywhere in the process, and if it does, that initial contract becomes void as you both take the matter to court.

When this happens, your current attorneys will have to remove themselves from the case, though they may help you find other representation for your divorce trial. Keep in mind that everything they worked on up to that point will be kept confidential.

Depending on how far along in the collaborative divorce process you were before changing to traditional divorce proceedings, you may have signed agreements relating to specific issues already, like how to divide the property. If you have, those agreements may still be binding and won’t be decided by a judge, helping to speed up the process.

Ultimately, if you and your spouse try and fail to finalize a collaborative divorce, the work you’ve done will still affect the final determinations.

A Better Way To Resolve Your Disputes

A divorce may be final, but what you experience during the process will remain with you for some time. One of the greatest boons of collaborative divorce is that it helps everyone stay civil as they prepare to separate.

The hard feelings that litigation can bring up have a better chance of never coming to fruition and influencing your words or actions. Besides keeping things peaceful, it may very well help the healing once your divorce is over.

Talk to Our Attorneys Today

If you need help understanding the complexities of California divorce laws or would like an experienced attorney to help you with your collaborative divorce, call on our professionals at Azemika & Azemika.

We are experts in Kern County family law who bring compassion and honesty to everything that we do. We’ll treat you and your family with respect and confidentiality as we help you achieve the best outcome possible. Contact us today to learn more about our expertise and what we can do to help you.

Why Adopt an Adult?

March 5, 2021January 20, 2021 by wpadmin

When people think of adoption, most picture a husband and wife holding a young child. It is, after all, their dream of being parents coming true. Another image that comes to mind might be a family of children of various ages in a courtroom finally being adopted by their happy looking new parents.

However, there are actually many cases where people choose to adopt an adult. It could be for a legal reason, or perhaps a more personal one. Whatever the cause, legally adopting an adult has its benefits for all involved.

The Legal Standpoint

The most common reason someone would like to adopt the adult in their life is to change the adult’s last name legally. People can go and have their names changed in the court system without the cost and paperwork of adoption. However, the more personal touch of asking the step-parent to be their parent legally makes the legal step feel more of a family coming together than something for the court system to simply officiate.

Also, adopting your step-child or foster child will give them a legal standing if you die without a will. While several people are making their end of life plans, some pass on unexpectedly without taking the time to have provisions to care for all the children they want to provide for after they have left this world for another. Adopting an adult gives them legal standing in inheriting from the estate of a deceased family member.

Another reason one might adopt an adult is if the adult in question has a disability that will require decisions made on their behalf in the near future. The disability could progress to the point the adult needs to have someone making all the medical and financial decisions for them.

It would leave the disabled adult vulnerable to someone who would take advantage of them if they did not have an immediate family member to do it for them. Adult adoption is the simplest solution to this type of problem plaguing thousands of adults with disabilities.

While these solutions have a personal connection, they are not solely for personal reasons. There are a few reasons, while they have a legal association, that are done for a more personal, emotional reason.

The Personal Side of Adult Adoption

Aging out of foster care for is often not a good experience. The new adult has worries about where they will stay, how they will support themselves, and if they will have anyone to help them on their beginning journey into adulthood.

Foster parents who received their child into their late teenage years and loved them as one of their own can adopt the new adult with their consent. It will give the new adult the support system they need to help succeed in the world they now don’t have to navigate alone and give the adult an emotional bond often missing in foster children who age out without a solid family structure.

There are also cases where a child will find their biological parents after being in the system for years, or perhaps adopted when they were babies after the parents gave up the child for their own personal reasons. The adult may decide to allow their biological parents to adopt them to give themselves some closure, among other personal reasons.

The parents may also want to adopt the biological child they gave up to make sure the child is provided for from their estate and give themselves some sense of relief. However, the adoption between the biological parents and the adult may negate any inheritance the adult may receive from their adoptive families unless there is a will specifying they get anything from an estate.

Another reason someone goes for adult adoption is when an adult wants to make their step-parent “legally” their parent. For whatever reason, the step-parent had been longer in their life and, in some cases, in better ways than the biological parent.

The child reaches adulthood without the parent being able to adopt them for one reason or another. Now that the child is an adult, the two consenting parties can make the step-parent “officially” the parent by the adult adoption process.

Navigating The Whole Process

In some areas, adopting an adult is as easy as filling out paperwork, however the process does require care and attention. It is always best to have an experienced California family law attorney on your side. Azemika & Azemika can help.

We are family law specialists and we understand that each case is as unique as the clients we represent. For comprehensive representation in the adoption process, contact us today.

What You Need to Know About Adopting Your Stepchild in California

March 5, 2021January 10, 2021 by wpadmin

parent washing dishes with child for Adopt a Stepchild in Ca case

The bond between a step-parent and step-child can become even stronger than that of the noncustodial parent. If the noncustodial parent is absent or has terminated their parental rights, adoption is an option that may be right for you and your family.

It may feel daunting to consider adopting your stepchild in Ca, but with some thought, preparation, and the right legal resources, your adoption can go smoothly. In this article, we will cover the process of step-parent adoption.

Requirements to Adopt

There are many things to consider when you want to adopt a stepchild in Ca. Before, the process takes as little as 180 days or may take longer depending on the case’s complexities.

Before deciding to adopt a stepchild in Ca, there are some requirements you need to make sure you meet. The criteria are:

Biological and Adopting Parent Relationship – The biological and adoptive parent is required to be legally married or in a domestic partnership to file for the adoption. There is the option of a “second-parent adoption,” however, that is a more complicated process.
Adopting Parent Age – A parent adopting a stepchild must be 18 years old or older and at least ten years older than the child. Sometimes, the 10-year requirement can be waived depending on the circumstances.
Biological Parent/Spouse Consent – Both the adopting parent, their spouse, and the biological parent must agree to the adoption.
Consent – The child’s other biological parent must give consent to the adoption. If there is no consent, the adoption may still proceed but will not be considered an uncontested adoption. The adoption procedure will differ if consent is not able to be obtained. Some of the reasons for proceeding without consent are willful failure, abandonment, and alleged parental rights termination.
Consent of the Child – The adoptive child must consent if they are 12 years old or older.

Next, we will take a look at the steps to adoption by a step-parent.

How to Adopt a Stepchild in Ca

Step 1. Filing for Adoption

To begin the adoption process, an adoption request form must be filed. This form must be completed with information about the step-parent, their relationship with the child, and information relating to the parents or other guardians that may affect the courts’ determination.

Step 2. Social Services Investigation

After filing for adoption, the court will contact the Social Services office in your county to complete an investigation. They gather relevant identifying documents, such as a birth certificate. Next, they interview both the biological parent and the adoptive parent. In most cases, they will interview the child as well.

This investigation is often brief and straightforward, following the State’s guidelines for adoption in the child’s best interest.

Step 3. Termination of Parental Rights

The other parent of the child must be living to terminate their parental rights. This frees the other parent of obligations like child support and any court-ordered visitation rights. If the non-custodial parent agrees to terminate rights, a form is completed and submitted to the courts.

The non-custodial parent may not be willing to participate or unable to be found for their signature. Unwillingness to consent does not mean the parent will fight the adoption, but rather that they are not interested in participating.

When a non-custodial parent cannot be found, you must take all reasonable efforts to locate them. If the non-custodial parent cannot be found, a petition is filed with the court, and a judge determines if their rights are to be terminated.

Step 4. Court Hearing for Adopting your Stepchild in Ca

The last step of the adoption process is a court hearing. A judge legally formalizes the adoption. This is generally a happy event. Friends and family attend to support the adoptive parent and may even take a photo with the judge.

Same-Sex Couples

The legalization of same-sex marriage came with the presumption of parentage by non-biological parents of children born during a marriage. When one parent in the union has a biological relationship to the child, but the other doesn’t, a step-parent or second-parent adoption can secure legal rights for the non-biological parent.

If a child is born from a previous marriage, same-sex couples can still file for adoption. For adopting your stepchild in Ca, they must meet the requirements and follow the same process outlined above.

Finding the Right Attorney

It is possible to file for adoption without an attorney, but it may be more difficult and costly. Finding an attorney who specializes in adoptions provides you with counsel and guidance throughout the adoption process.

At Azemika & Azemika, we are devoted to family law. We are experts at cases involving dissolution of domestic partnerships, divorce, visitation, child custody, paternity, child and spousal support, adoptions, and abandonment.

We have successfully handled some of the most challenging family law cases in Kern County. We aim to provide all of our clients with very knowledgeable, aggressive, and affordable representation. Contact us today for a consultation with one of our experienced attorneys and let us fight for your family.

What Am I Entitled to in a California Divorce?

March 5, 2021December 30, 2020 by wpadmin

People who seek a fast divorce in California are often shocked by how complex the process of division of property can become. What many expect to be a simple process is complicated thanks to California’s community property laws.

Under these laws, you may not receive the property that you believe you should. Here’s a rough outline of what you are (and aren’t) entitled to in a California divorce.

What is Community Property Law?

California law defines community property as any property you or your spouse acquire during your marriage. Courts consider such property to be owned equally by the spouses regardless of who acquired it and will divide it equally unless you and your ex-spouse agree to divide it differently.

The list of what is considered community property includes homes, cars, businesses, bank accounts, retirement accounts, and more.

How Does Property Get Divided Equally?

A judge won’t order you and your ex-spouse to split your home down the middle physically. Instead, the property division’s goal is to ensure that both parties get an equal portion of all the assets’ value combined. So, if one spouse receives a car purchased during the marriage, the other spouse will get assets equal to the vehicle’s value.

The process becomes more complicated when both parties use a spouse’s assets acquired before the marriage during the marriage itself.

Similarly, a spouse who makes payments towards property owned by their partner has invested in it and has partial ownership. You can avoid potentially messy and time-consuming situations like these by reaching an agreement with your ex-spouse as part of your divorce proceedings. This is often quite difficult, however, as divorces are rarely a tidy affair.

What About Cash?

Believe it or not, California divorce laws treat cash and similar assets much the same way as property, with a few exceptions.

Cash and liquid assets earned or acquired during the marriage become community property. However, this doesn’t apply to money given as a gift, which typically remains the sole property of the person who received them.

Accounts that you both contributed to will be equally divided, including retirement accounts. Keep in mind that a judge won’t order the funds in a retirement account dispersed and divided. Instead, they’ll typically have it split into two equal accounts.

Remember that what you acquire before you marry will remain yours. This includes cash and liquid assets, but only if you can prove they were yours before marriage. This could mean keeping receipts and bank statements as records. If you fail to do this or you and your ex-spouse shared accounts, your property may be considered commingling.

With commingling property, it becomes challenging to determine who the original owner is. When it comes to property division in a divorce, sorting out commingling property can consume a lot of time and resources.

Understandably, someone may lack the foresight to keep evidence of separate property, which is another reason it’s advisable to reach an agreement with your ex-spouse rather than leave the property division up to the courts.

Am I Entitled to Alimony?

Courts do not automatically grant alimony (also referred to as spousal support) as part of California divorce law. Instead, you must request it. If you do, the court will look to multiple factors, such as income earned, and decide. If a judge grants alimony, it’s to ensure that both parties can continue their lifestyles for some time.

In most instances, alimony is awarded to a spouse who worked less, didn’t work at all, or was mostly responsible for raising the child. Despite popular misconception, alimony rulings aren’t designed to favor one party over the other.

It’s important to note that a judge won’t grant alimony just because it is requested. An essential factor a judge will look at is how long you were married before the divorce. The shorter you’ve been married, the less likely you’ll be awarded alimony.

Who Is Entitled to Child Custody?

Unlike division of property, the rules to determine who will get custody of a child have many variables. Ultimately the court’s ruling will be in the best interest of the child. A judge will take each spouse’s financial standing, employment status, criminal history, and relationship with the child into determination.

If the divorce results in joint custody, it may not evenly split each parent’s time with the child. A sole custody ruling might require the non-custodial parent to pay child support separate from alimony.

You Can Rely on Azemika & Azemika

If you are going through a divorce and are unsure how your assets will be divided, Azemika & Azemika is here to help.

For comprehensive legal counsel on your options during your divorce or legal separation, contact Azemika & Azemika, Kern County Divorce Attorneys. We will provide the guidance and representation you need to ensure your rights are protected, and we will fight for you and your family to help you get the resolution you deserve.