The child support that has to be paid for the period before the actual order for payment of child support was obtained is called retroactive child support in California. It just means that the child support paying parent will have to make the payments from an earlier date. Retroactive child support is not similar to unpaid or late payments of child support.
An example will make it easier to understand retroactive child support. Suppose you filed a divorce petition on July 1 and requested for a child support order on August 1. The date set for the hearing of your case is September 10. On the day of the hearing, the court decides to make the initial child support order a retroactive one. The court may make the order retroactive from July 1 or August 1. A paternity action or divorce proceeding commonly starts once a petition for temporary child support is filed.
Generally speaking, the California family court makes the temporary child support order a retroactive child support order. But if the initial petition for divorce notice was not served within 90 days of its filing, the court will make the child support retroactive from the day the petition was served. So, if the parent supposed to be paying the support did not avoid doing so intentionally, the payment of child support becomes effective from the date of serving the notice.
Retroactive child support is paid on four grounds –
The custodial parent and the child are in need of support and would benefit from payments of retroactive child support.
The non-custodial parent intentionally delayed the payment of child support by delaying the hearing of the case.
The non-custodial parent had deliberately avoided paying child support by withholding crucial information on assets and finances.
The court will also take into account other factors such as income of the parents, among other things, to determine if the support order should indeed be made retroactive.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Termination of alimony for the spouse paying it means financial freedom. But requests for termination of alimony have to be pleaded in California Family Courts and are only granted after going through evidence and persuasive arguments. Requests by the paying spouse for terminating alimony are very common in divorce cases.
Short term marriages
Termination of alimony in short term marriages is extremely common and the process is quite simple. Generally speaking, the period of paying alimony in a short term marriage is half the length of the marriage. The shorter the marriage, the shorter is the period for which you have to pay alimony. But the exact duration will be determined by the court. The alimony agreement should clearly state the duration and the date of termination of the alimony.
Long term marriages
Termination of alimony in long term marriages can be quite difficult. If the court wishes, it can terminate the payment of alimony if the marriage has lasted for almost 10 years or more. But the spouse receiving the alimony always has the right to contest such a decision. If the court has decided to terminate the alimony after a certain date, the contesting spouse should approach the court before the said date and appeal for a continuation of the alimony.
In marriages that have been for a much longer duration than 10 years, alimony can still be terminated in certain cases. If the court is produced with persuasive arguments and evidences, it can terminate the payment of alimony. You need to prove that your spouse can maintain their lifestyle and standard of living on their own even after you stop paying alimony. It can prove to be quite difficult.
The court will take a close look to determine that the supported spouse can support themselves financially in every possible way. You will need to show that your spouse has gained a significant amount as income through employment of some kind. The court will make a decision based on the nature and extent of employment and not the income of your spouse.
If your spouse has gained a significant amount in inheritance or has obtained a separate estate, alimony will, in most likelihood, be terminated. But again, the court will determine if the estate guarantees that the spouse will have enough financial support without the alimony. Termination of alimony is not that simple and is granted after much consideration.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
The California Family Court uses computer software programs when determining temporary alimony. But when a final decision on the alimony is to be reached, it cannot use these programs any longer. The court then follows California Family Code 4320. It also has to take into consideration a number of factors before making a final decision on the alimony or spousal support to be paid.
The standard of living analysis of a spouse seeking alimony is done by following the sections mentioned in Family Code 4320. Even then, the court has to face quite a few challenges because each case is different from the other.
Standard of living beyond the financial means
If the spouses were used to maintaining a lifestyle that goes well beyond their income, it becomes quite difficult for the court to determine how their standard of living can be maintained. The court could ask the paying spouse to liquidate the assets for paying the alimony. But this could mean putting the payer in debt. So the court would not want to do something like this.
Frugal lifestyle
If the spouses led a very economic lifestyle during their marriage, it becomes quite difficult for the court to determine if they will continue to do so after the divorce. In such a situation, the court will try to determine the amount of alimony in such a way that savings can be made even after the essential expenditures.
Incomplete evidence
The courts, more often than not, have to face significant challenges in determining alimony because neither of the spouses has provided complete and correct evidences of their incomes and expenditures. Skilful practitioners of family law can help spouses to not make such errors and save the court valuable time.
Time period of long term marriages
Determining alimony in long term marriages is quite difficult. The standard of living and the lifestyle lived changes throughout a long term marriage. Incomes and expenditures change over time. There is no way of determining what the standard of living would be after the divorce. But generally, the court takes into consideration the last 5 years of the marriage.
If you are someone going to file for a divorce, you should consider the issue of alimony whether you are going to pay it or seek it. All decisions should be made after consulting a professional attorney with proven experience in California family law.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained Irvine divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
With millions of American couples filing for a legal separation or divorce every year, the number of children losing their happy families has been on a constant rise in the recent times. It is a no-brainer, that it is the children who are most intensely affected by divorce. And if the children involved have special needs, the trauma and stress of a divorce can reach unprecedented levels. In such cases, the court of law has to make extremely complex decisions of child custody and support to ensure the best interests of the children with special needs.
The best interest of children with special needs
More often than not, the expression ‘best interests of a child’ comprises of several factors which the judge needs to take into account while making custody and visitation related settlements for divorce cases. Your divorce attorney needs to get well acquainted with his or her characteristic traits such as age, adaptability to change, emotional maturity and ability to deal with stress that will arise as a result of a change in the family structure. Furthermore, it is the parents’ duty to acknowledge that their situation demands for adjustments beyond their legal responsibilities, and that they need to ensure that their child receives the ideal environment for maturity and growth.
Visitation arrangements
In some cases, the parents may have disagreements regarding the unique needs of their child with special needs or physical disability. It is utmost essential to understand and acknowledge the fact that the typical visitation arrangements that are usually apt for children with no special needs or disabilities may not work for your special needs child. Under normal circumstances, the judge may order for alternating weekend or midweek visits, inclusive of summer or festival visits. However, for children with special needs, it is far more difficult to adjust to the sudden transition from a happy family to a single parent home. It is therefore suggested to replace shorter frequent visits with longer and more stable visitation with each parent, in order to avoid disturbing the child’s routine. To cite an example, children with autism will be highly affected by a disruption in their daily routine, which will in turn affect their behavior and performance at school.
It is utmost essential for the separating parents to understand that their special needs child also has the right to lead a normal life, and should not be made to suffer the repercussions of their failed marriage.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Uncontested divorces are quicker to settle and do not come with the stress and cost associated with a contested divorce. Uncontested divorces are ideal for spouses who do not have bitter battles to fight and settle in the court, are worried about the costs involved, and do not want to drag the procedure of divorce. The children, too, do not get affected as a result.
The State of California encourages such instances and helps to reach decisions on matters of child custody to let the parents raise the child by co-parenting and mutual decision making. Children can get quite affected by their parents’ divorce. The parents should follow certain guidelines to help decide on child custody.
Communication – The parents should decide on a schedule so that both parents get to spend sufficient time with the child. The family courts of California allow parents to have joint physical and joint legal custody of their child.
Issues to discuss – The parents should discuss what is best for their child. One parent should not try and restrict the visitation and custody rights of the other parent. All decisions made should be based on the following aspects –
Work and other related duties of each parent to decide who can spend the most time with the child and when.
The child’s school and other commitments so that the parents can plan their work around that.
Which parent is going to move out of the family home and how far away are they going to stay. The child should not have to travel a great deal to be with the other parent.
The status quo of the parents up until the divorce and how much of that is going to be maintained after the divorce.
Concerns regarding the child’s health.
Decisions regarding the education of the child.
Visitation rights on special occasions such as birthdays, parent teacher meetings, holidays and so on.
Willingness of the parents to bring in flexibility in their arrangements regarding the needs of their child.
Children aged above 14 years of age should be allowed to have a say in custody issues.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
There are a number of issues that may crop up in child custody and visitation cases not only in California but also other places. Awareness of such issues or how to deal with them will make it a lot easier for any parent to tackle these problems that are bound to come up when a child custody case is being heard by the family law court.
The various issues that can come up range from the child’s preferences to counseling, criminal convictions to the threat of abducting or actually abducting the child, interfering with child parent relation and so on.
Child’s preferences
Under section 3042 of the California Family Code, the preferences of the child regarding decisions about custody are given much consideration. But the Family Court takes into consideration the maturity of the child, any influencing from the parents, and possible alienation of one parent by the other parent before acting on the child’s preferences.
Counseling
The court evokes section 3190 of the California Family Code to ask for mandatory counseling of the child involved in a child custody case. It is up to the family law judge to ask both or either of the parents to accompany the child to the counseling sessions. The court may have statutory reasons to get the parents counseled as well, either together or separately. Any disputes between the parents have to be resolved for the best interests of the child. Counseling can last to up to a year.
Criminal convictions
Criminal convictions of either parent in crimes related to child abuse will have a significant influence in the outcome of a child custody and visitation case. The guilty parent will most certainly not get the custody, either sole or supervised, of the child in question unless it can be proven that the child will not come to any harm.
Any other criminal offence other than child abuse such as substance abuse or use of violence, will elicit the same response from the family court. The criminal history of the offender does not matter as much as the details of the present case. The matter of sole custody is out of the question but joint legal and physical custody may be granted.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained Irvine divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
Marriage annulment is a fairly misunderstood concept owing to the inaccurate projection of its legality by the popular religion and culture. Both annulment and divorce can be considered somewhat similar in their basic underlying principle of determining the status of wedlock. However, the major distinguishing factor that separates an annulment from a divorce is the implication of the marital status post a verdict in the court of law in the two cases.
What is the difference between a divorce and an annulment?
A divorce or a legal separation marks the end of a valid relationship and implies that the couple is no longer viewed by the court as man and wife. On the other hand, an annulment, colloquially termed as nullity of domestic partnership or marriage, is when the court declares the domestic partnership or marriage never really existed in the first place. Post a verdict of annulment, it is assumed that the marriage never really happened as it was not valid or legal to begin with.
What are the grounds for filing for an annulment?
A marriage is never considered valid by the Californian state law, if the two parties involved are related by blood.
Another situation wherein a marriage stands illegal or invalid is when one of the partners is already in an existing registered wedlock with someone else. The marriage is then termed as bigamous.
A person who was below the acceptable age of 18 years at the time of his/her marriage can also file for an annulment of the same.
Another situation which is somewhat similar to bigamy can be distinguished on the basis of the fact that a spouse, who was already married to someone else, gets into another wedlock on the premise that the former partner has been absent and assumed dead for the past five years.
If either of the partners has an unsound mind that prohibits them from understanding the true implication and obligations of a marriage, their spouse can request an annulment.
An annulment can also be requested in a situation where a marriage was a result of fraud. For example, if an individual deceives his partner into wedlock only for obtaining a green card, the marriage will be considered fraudulent and invalid.
In cases where a partner was forcefully made to consent for a marriage, an individual can file a petition for an annulment.
Finally, if one of the partners was physically incapacitated at the time of marriage which rendered him/her unable to consummate the relationship, and the incapacity continues to stay incurable, the healthy partner has the right to file for annulment.
In order to obtain an annulment, it is mandatory for an individual to be able to prove at least one of the aforementioned reasons, with authentic evidential proof in the court of law.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
For cases involving a lot of friction between the separating parties regarding the custody settlement of their children, child custody mediation is the most effective approach to deal with the issues. With the help of an outside third party, the divorced parents can peacefully resolve their disagreements and reach a final mutually acceptable solution. Also, if the parents have worked out a mutual agreement, the professional mediator can assist them in devising a parenting plan which can be converted into the official child custody and visitation order, after the consent of the court of law.
How is mediation beneficial for you?
It is the mediator’s duty to play as a neutral third party in child custody related conflicts and try to resolve the issues by listening to the concerns of both the involved parties. Considering the bigger picture, the child custody mediation can be quite advantageous in reaching a mutually agreed upon settlement.
Child custody mediators help the separating parents in devising a parenting plan which ensures the best interests of the child.
Child custody mediators assist the separating parents in reaching a mutual settlement and creating a parenting plan that ensures that the child spends adequate time with both the parents.
Child custody mediators counsel you and help you effectively deal with your resentment and negativity towards your partner.
What exactly does the mediation process involve?
Child custody mediation is an effective approach to settling your custody and visitation related disputes without having to go to the court. Both the parents have the right to work out their conflicts and devise a customized agreement which would state what and how of taking care of their children. The court of law refers to this agreement as stipulation, parenting plan or a time share plan. More often than not, the mediator holds separate or coordinated meetings with both the parents with the aim of developing a sound understanding of the family’s history and concerns. He also has the obligation to share with the parents the important information regarding the needs and expectations of children in different developmental stages. The mediation process involves the discussion of several issues such as legal custody, vacation schedules, visitation and transportation related disputes.
If you and your partner think that you can reach a mutual agreement which ensures the best interests of your child, child custody mediation is probably the most effective approach for you.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
The act of intentionally distancing one parent from the child by the other parent is called parental alienation. It is a form of psychological abuse. The child gets affected here. Parental alienation is an intentional act of malice that will create a chasm between one parent and the child. Parents with bitter relationships indulge in such acts. One parent brain washes the child against the other parent and plays the victim.
It is very difficult to foresee parental alienation. You realize its effects only after it has caused irreparable damage. Sometimes the first signs of parental alienation are revealed by the children themselves. Your child may blurt out ‘daddy or mommy said so and so about you …’. You will realize that your child is being slowly turned against you.
Types of parental alienation
Most commonly, there are 5 different types of parental alienation. But these are not the only ones. There may be more.
One parent or the child making hurtful and accusatory comments about the other parent or any other close family member.
One parent neglecting the authority and the discipline of the other parent.
One parent trying to replace the other parent with someone else who is not suitable of taking care of the children.
One parent falsely accusing the other parent of abuse.
One parent playing the victim of hurtful or harsh behavior from the other parent.
There is possibly only one way of preventing parental alienation. The most effective way of preventing it is by spending more time with your child. Children, if they can spend quality time with you, will not feel alienated. If they feel that they can connect with you they will not want to hear unjust things about you. The better your relationship with your children the less likely are they to be influenced by the other parent.
Alternatively, you could confront the other parent and demand them to stop indulging in such manipulative behavior. You could ask your spouse to explain their behavior and refrain themselves from such malicious behavior in the future.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
In California, as anywhere else in the USA, the divorce mediation process has 3 steps to it. The 3 steps include orientation, disclosure and resolution. All the steps have been discussed here.
Step 1 – Orientation
In the first step of the procedure, the mediator will familiarize you and your spouse with goals of the mediation process. It will also ensure that your mediator is aware of the various issues and facts that need to be resolved in your case. Both you and your spouse will have a say in all the matters that will be discussed. If the mediator can familiarize himself with your particular case, it would be easier for all of you to work towards a co-operative resolution.
Your mediator would want to know the following things –
The length of your marriage and the marital style of living.
The issues that are most important to you and your spouse, i.e. the issues that you would like to resolve. Also the issues where you and your spouse have an understanding.
You and your spouse’s income from every possible source. The present and the predicted future financial situation of both the spouses. Your assets, property, debts, liabilities, and expenditures.
Both your roles in the caring of your children.
Both your work schedules and any other commitments outside work.
Step 2 – Disclosure
The second step in the mediation process requires both spouses to declare or disclose their assets, income, debts, and expenses of the family estate to each other. The declaration of disclosure has to be absolutely correct and accurate. Revelations regarding all community and personal property have to be made. Your mediator will help both of you to fill declaration forms that provide the details of your marital property, debts, assets, income and expenditures. The declaration, as required by California law, will be exchanged with the other party and the mediator.
Step 3 – Resolution
The last step is possible only if you and your spouse have communicated effectively, have been successful in being honest with each other and have truthfully disclosed your finances to each other. It means that you are now ready to reach an agreement on the issues that are most important to each other. Once you have reached an agreement and resolved your issues, the mediator will prepare a final settlement document. It will be reviewed and the mediator will consider both your inputs.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
The child support that has to be paid for the period before the actual order for payment of child support was obtained is called retroactive child support in California. It just means that the child support paying parent will have to make the payments from an earlier date. Retroactive child support is not similar to unpaid or late payments of child support.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters. 
