CALIFORNIA DIVORCE SETTLEMENTS
Resolution of a family law or divorce case is recognized by family lawyers, mediators and judges as the best way to serve a client’s interest. The good news is ultimately, the overwhelming majority of family law cases settle, however the journey to get there can be a rocky, harsh and an expensive road.
To settle a family law case, its essential that all parties are operating from the same expectation of approaching the case with a desire to compromise. Compromise in its best sense is when both parties leave the agreement feeling they got something and gave up something. If the effort to agree is marred by a lopsided expectation of what is fair, the likelihood of ending up in front of the judge is high.
The best approach for the attorney representing the client is to be tuned into the psychological forces that are driving the case as early as possible. For example, if the other spouse is bitter and resentful about the breakup, this feeling may run all other aspects of the case causing the angry spouse to try and “get even” in the division of the property, parenting of the kids or other issues affecting the case. The experienced family law attorney will talk about those potential psychological issues with the prospective client in the initial office visit.
Each family law case is a unique combination of issues and personalities and will for those reasons take its own course to resolution. Some cases can be resolved faster if the parties are both emotionally prepared and well organized about their property and how they want to approach the division of property and other issues. Other cases can take months and even years where there are significant property issues and complicated fact patterns in tracing separate and community property.
A good attorney will not only know the law applicable to the case but act as guide on how to engage with the other party and the attorney. Direct and civil communication and proactive problem solving to create an environment that is stable and cultivating trust will go a long way toward creating a fertile ground for settlement and provide a broader perspective for forward progress on the case.
As I enter my 31st year as a Family Law practitioner, I find that settlement is more an art than a science. Settlement releases the parties to move on with their lives, helps stabilize the parenting relationship and allows the parties to let go of the problems of the marriage.
ARLENE KOCK of the Law Offices of Arlene D. Kock, A Professional Law Corporation, has her office located in San Ramon ,CA. With over 31 years experience, her practice covers all aspects of Family Law. She regularly appears in family law departments throughout Northern California. For further information, please call her office 925-743-8666.
Wednesday, November 4, 2009
CALIFORNIA CHILD SUPPORT GUIDELINES
BACKGROUND
In 1984 the California Legislature enacted the Agnos Minimum Child Support Standards Act. This law established minimum levels of child support.
Prior to the law being passed, support calculations in California had no clear framework thereby creating tremendous confusion for parents and the courts.
The statutes establishment of minimum levels of child support means just that. Factors based on such things as the child’s needs, hardships, special medical or educational concerns and costs may increase the support amount the judge may order. These support amounts may be above the statutory minimums. The Child Support Guideline established over 20 years ago was amended, effective July 1, 1992.
The key factors influencing the calculation of child support are: the percentage of visitation or custodial time share, the gross incomes of the parties and the tax advantages or disadvantages the paying and or recipient parent may have.
The child support calculator is driven by a complicated formula. For these reasons, software programs have been created to assist the parties, attorneys and judges in assessing the support amounts.
LENGTH OF TIME SUPPORT IS PAID
The Family Code requires that child support must be paid until the child becomes 18, unless the child has not graduated from high school, in which case the child support continues until the child has graduated high school or up to the age of 19, which ever occurs first. Presently, California law does not give judges the power to make a parent support a child beyond the age of 19, unless the child is physically or mentally disabled. However, parents can agree that child support can continue into college years. Such properly prepared agreements will be enforced by the Family Law Court.
Unless the custodial parent agrees otherwise, all child support is to be paid by a wage assignment. This means that the child support payments are to be deducted from the wages of the parent who is obligated to pay child support.
If the parent who pays child support hops jobs or is self employed, the court can create specific orders that the parent paying the support must maintain a bank account with a certain minimum amount of support held in the account in order that the receiving parent can automatically deduct the monthly support obligation.
Getting the correct support order and insuring regular payments of the court ordered amounts is best achieved with the assistance of a qualified family law attorney skilled in this area of law.
The Law Offices of Arlene D. Kock A Professional Law Corporation has its principal office in San Ramon California. Ms. Kock’s practice for the last 30 years covers all aspects of family law. You can reach her by contacting her office 925-743-8666
BACKGROUND
In 1984 the California Legislature enacted the Agnos Minimum Child Support Standards Act. This law established minimum levels of child support.
Prior to the law being passed, support calculations in California had no clear framework thereby creating tremendous confusion for parents and the courts.
The statutes establishment of minimum levels of child support means just that. Factors based on such things as the child’s needs, hardships, special medical or educational concerns and costs may increase the support amount the judge may order. These support amounts may be above the statutory minimums. The Child Support Guideline established over 20 years ago was amended, effective July 1, 1992.
The key factors influencing the calculation of child support are: the percentage of visitation or custodial time share, the gross incomes of the parties and the tax advantages or disadvantages the paying and or recipient parent may have.
The child support calculator is driven by a complicated formula. For these reasons, software programs have been created to assist the parties, attorneys and judges in assessing the support amounts.
LENGTH OF TIME SUPPORT IS PAID
The Family Code requires that child support must be paid until the child becomes 18, unless the child has not graduated from high school, in which case the child support continues until the child has graduated high school or up to the age of 19, which ever occurs first. Presently, California law does not give judges the power to make a parent support a child beyond the age of 19, unless the child is physically or mentally disabled. However, parents can agree that child support can continue into college years. Such properly prepared agreements will be enforced by the Family Law Court.
Unless the custodial parent agrees otherwise, all child support is to be paid by a wage assignment. This means that the child support payments are to be deducted from the wages of the parent who is obligated to pay child support.
If the parent who pays child support hops jobs or is self employed, the court can create specific orders that the parent paying the support must maintain a bank account with a certain minimum amount of support held in the account in order that the receiving parent can automatically deduct the monthly support obligation.
Getting the correct support order and insuring regular payments of the court ordered amounts is best achieved with the assistance of a qualified family law attorney skilled in this area of law.
The Law Offices of Arlene D. Kock A Professional Law Corporation has its principal office in San Ramon California. Ms. Kock’s practice for the last 30 years covers all aspects of family law. You can reach her by contacting her office 925-743-8666
DIVORCE SETTLEMENTS: THE BEST WAY TO END A MARRIAGE
DIVORCE SETTLEMENTS: THE BEST WAY TO END A MARRIAGE
Resolution of a family law or divorce case is recognized by family lawyers, mediators and judges as the best way to serve a client’s interest. The good news is ultimately, the overwhelming majority of family law cases settle, however the journey to get there can be a rocky, harsh and an expensive road.
To settle a family law case, its essential that all parties are operating from the same expectation of approaching the case with a desire to compromise. Compromise in its best sense is when both parties leave the agreement feeling they got something and gave up something. If the effort to agree is marred by a lopsided expectation of what is fair, the likelihood of ending up in front of the judge is high.
The best approach for the attorney representing the client is to be tuned into the psychological forces that are driving the case as early as possible. For example, if the other spouse is bitter and resentful about the breakup, this feeling may run all other aspects of the case causing the angry spouse to try and “get even” in the division of the property, parenting of the kids or other issues affecting the case. The experienced family law attorney will talk about those potential psychological issues with the prospective client in the initial office visit.
Each family law case is a unique combination of issues and personalities and will for those reasons take its own course to resolution. Some cases can be resolved faster if the parties are both emotionally prepared and well organized about their property and how they want to approach the division of property and other issues. Other cases can take months and even years where there are significant property issues and complicated fact patterns in tracing separate and community property.
A good attorney will not only know the law applicable to the case but act as guide on how to engage with the other party and the attorney. Direct and civil communication and proactive problem solving to create an environment that is stable and cultivating trust will go a long way toward creating a fertile ground for settlement and provide a broader perspective for forward progress on the case.
As I enter my 31st year as a Family Law practitioner, I find that settlement is more an art than a science. Settlement releases the parties to move on with their lives, helps stabilize the parenting relationship and allows the parties to let go of the problems of the marriage.
ARLENE KOCK of the Law Offices of Arlene D. Kock, A Professional Law Corporation, has her office located in San Ramon ,CA. With over 31 years experience, her practice covers all aspects of Family Law. She regularly appears in family law departments throughout Northern California. For further information, please call her office 925-743-8666.
Resolution of a family law or divorce case is recognized by family lawyers, mediators and judges as the best way to serve a client’s interest. The good news is ultimately, the overwhelming majority of family law cases settle, however the journey to get there can be a rocky, harsh and an expensive road.
To settle a family law case, its essential that all parties are operating from the same expectation of approaching the case with a desire to compromise. Compromise in its best sense is when both parties leave the agreement feeling they got something and gave up something. If the effort to agree is marred by a lopsided expectation of what is fair, the likelihood of ending up in front of the judge is high.
The best approach for the attorney representing the client is to be tuned into the psychological forces that are driving the case as early as possible. For example, if the other spouse is bitter and resentful about the breakup, this feeling may run all other aspects of the case causing the angry spouse to try and “get even” in the division of the property, parenting of the kids or other issues affecting the case. The experienced family law attorney will talk about those potential psychological issues with the prospective client in the initial office visit.
Each family law case is a unique combination of issues and personalities and will for those reasons take its own course to resolution. Some cases can be resolved faster if the parties are both emotionally prepared and well organized about their property and how they want to approach the division of property and other issues. Other cases can take months and even years where there are significant property issues and complicated fact patterns in tracing separate and community property.
A good attorney will not only know the law applicable to the case but act as guide on how to engage with the other party and the attorney. Direct and civil communication and proactive problem solving to create an environment that is stable and cultivating trust will go a long way toward creating a fertile ground for settlement and provide a broader perspective for forward progress on the case.
As I enter my 31st year as a Family Law practitioner, I find that settlement is more an art than a science. Settlement releases the parties to move on with their lives, helps stabilize the parenting relationship and allows the parties to let go of the problems of the marriage.
ARLENE KOCK of the Law Offices of Arlene D. Kock, A Professional Law Corporation, has her office located in San Ramon ,CA. With over 31 years experience, her practice covers all aspects of Family Law. She regularly appears in family law departments throughout Northern California. For further information, please call her office 925-743-8666.
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