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Encino Family Law Blog

Man ordered to pay $53K in restitution for missed child support

Deciding how to support a child or multiple children can be an unpleasant but necessary settlement between parents. Often times, parents in California have to have the courts decide the proper course of action in providing for their children. Child support orders can ensure that minors are given financial stability even when both parents no longer reside in the same home. The orders are not foolproof, though, when the party ordered to pay the support does not.

In a recent case in a different state, a man failed to pay child support as ordered by the court for nearly ten years. Within the ten-year period, the father had bench warrants issued for him for failure to appear in court. He has had his driver's license suspended because of his missing support payments and other legal problems. Once law enforcement found him, the man was brought in front of a circuit court judge to face the ramifications.

Man arrested after victim of domestic violence seeks medical help

Unhealthy relationships can be a terrifying experience to go through and, unfortunately, a hard situation to get out of. Domestic violence occurs all over the country, including California.  The progression of mistreatment is usually gradual, beginning with emotional distress that can lead to physical abuse. When a victim of domestic violence gets injured badly enough to seek medical treatment, the law then takes over to ensure public safety and justice for the victim.

This was the case for a woman in Wisconsin. Allegedly, she was the victim of physical domestic violence and went to a local medical center to get treatment for the injuries she suffered from the alleged assault. Her injuries were serious but, fortunately, not life-threatening. The medical staff decided that law enforcement was needed in order to investigate what happened and who was responsible.

Promotion may increase woman's chances of getting a divorce

No two unhappy couples in California are alike. However, in many cases, part of a two spouses' unhappiness may have to do with the professional success of the wife. This is according to a new study that revealed that women who enter their marriages either not working or earning less than their husbands do have a greater chance of going through divorce if their careers suddenly take off.

A higher education institution political scientist and economist produced the 2018 white paper, and the research was based on three decades of data following job candidates both before and after they had received promotions. The majority of the research deals with public sector job positions, such as government officials and mayors. However, the researches looked at females who were promoted to private company CEO roles as well.

Divorce becoming messier thanks to bitcoin

Going through a marital breakup can be both emotionally and financially overwhelming. This is true no matter how long a couple has been married or what the spouses' net worth are. However, the growing popularity of the bitcoin and other similar cryptocurrencies has been making the divorce process even more confusing for those in California and elsewhere.

One of the biggest issues facing those going through divorce is the possibility that one spouse is hiding assets in cryptocurrencies to avoid having to divide them as part of the divorce proceeding. Of course, this goes against divorce law, but it can still happen. Another major issue with bitcoin is the erratic swings in its price over the past couple of months.

Prenuptial agreements, postnuptial agreements may help in divorce

The dissolution of a marriage can understandably be a challenging ordeal from both an emotional and a financial standpoint. The reason for this is that two spouses essentially have to undo years or perhaps even decades of the intertwining of their lives. However, prenuptial agreements or postnuptial agreements may help to make the divorce process easier in California.

A prenuptial agreement is a legal document that details what will happen to a couple's assets in the event they eventually get divorced. This document is completed and signed before the two individuals get married. People who are not rich and famous often do not create these types of agreements. However, the reality is that even individuals with modest means would be wise to create such agreements, as these documents can help them protect their funds and other assets if their marriage comes to an end.

Financial steps are important to take after divorce, too

Trying to reach a settlement when dissolving a marriage in California can oftentimes feel impossible. Thus, when two spouses finally achieve a divorce settlement, this is typically cause for relief and celebration. However, even after a couple's settlement documents have been signed, the work is not over. Taking a couple of additional important steps is necessary to protect one's best interests financially.

An important first step is to look after one's credit. This involves canceling any remaining joint credit card, as one party may abuse this card, generating large amounts of debt that both will be responsible for paying off. It also involves establishing credit in one's name alone, which will help with renting an apartment or buying a car in the future, for example.

Common mistakes can be costly at divorce trial

Getting divorced can understandably be a stressful situation, both financially and emotionally. However, by making the right moves, those who are going through divorce can come out as financially secure as possible. Here are a few common mistakes to avoid at divorce trial in California, as they often end up costing those who make them.

First, failure to go to court with an attorney can be a major mistake. Attorneys are aware of what judges like and dislike, as well as court procedures and proper court etiquette. As a result, they can guide their clients through the often unknown territory of divorce trial and help them to be prepared for what will take place during each step of their divorce proceedings.

Prenuptial agreements especially valuable for those in business

Marriage, much like life, is unpredictable. Unfortunately, even spouses with the strongest intentions of staying together may end up growing apart and headed to divorce court. For this reason, creating prenuptial agreements before getting married may be a wise move for many couples in California, especially those who are in business or are interested in business.

A prenuptial agreement essentially spells out what will happen to a couple's assets in the event that they get a divorce in the future. For instance, perhaps an individual who is about to get married has a small business. This business owner and his or her future spouse may decide to include in their prenuptial agreement that the business will continue to be treated as separate property even during the marriage. That means that, if they get divorced, the business owner will not have to split the business assets.

Divorce impacts medical insurance coverage

The dissolution of a marriage in California can have a negative impact on an individual's finances whether he or she is the household breadwinner. Some of the most complicated financial matters to address during divorce include child support and the division of property. However, an aspect of the finances that is often neglected during divorce is medical insurance coverage.

Once divorce has been finalized in a couple's case, spousal medical insurance coverage comes to an end. However, state laws do protect this coverage during the course of the divorce proceedings. In addition, those going through divorce can expect spousal insurance coverage to continue because changing insurance policies outside of major life events is extremely difficult. Although finalizing a divorce does qualify as a major event, the simple act of filing for divorce does not.

Negotiating divorce settlement can be successful

When spouses decide to end a marriage in California, they may naturally expect the process to be hostile and unpleasant. However, not every divorce proceeding has to be acrimonious. A couple of tips may help with making the divorce process more manageable both financially and emotionally.

First, considering the other party's needs and wants is critical. Understanding the other side may make negotiating divorce-related matters much simpler, as the other party may be more willing to be cooperative if he or she is understood. In the end, the two spouses may be able to achieve a win-win divorce settlement.

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