California Property Division Laws

Divorces may rank among some of the most horrifying moments married partners have to deal with and it gets even more complicated and stressful when properties are involved.

For instance, one partner contributes a larger sum of finances into an investment owned by the two parties like a residence or even in cases where there are pension and retirement benefits to divide. Chances are that tempers will rise and words will be thrown and finally a lawsuit will be filed. Here is where the stakes get higher.

Family law litigation will definitely ensure that the whole divorce process takes longer than anticipated and more legal expenses will also be incurred in the long run. At the end of the day, you will realize that the emotional and financial aspects of it all may cost so much that you even start thinking whether it was a wise choice to go to court.

But if you believe that the court can rule in your favor, then this is the time you need to look for a good and experienced attorney in the field who will advise you on how you should proceed with the case.

Marital property

Marital property can be classified into many different classifications, namely the quasi-community property and the quasi-marital property. At this stage, the judges and attorneys attempt to figure out the total assets and debts of the two partners and their attributes towards these debts as both community and separate properties.

Community property

This is a fancy name of calling the property that is obtained during a marriage and is still owned until the date of the separation, and which may also be subjected to be community property as per the laws of California. In such cases, each of the separated parties has 50% ownership interest in all of the community properties as well as the equal rights of the control and management of the properties.

Community property usually includes all the assets and debts of the separated couple in a marriage as well. This is usually a vital step in trying to determine who will be responsible for paying off the debts during the legal separation or marriage dissolution.

Quasi-community property

This is also another very important consideration you need to have in mind when filing for a divorce if the property involved was acquired by both partners outside of California during the marriage. It’s no big news to find married couples that own houses in other states or countries together these days as people tend to move around a lot. And in the process, you and your spouse may decide to buy new residences in other states which can be a real headache, especially when the couple now wants a divorce and both are laying claim to these properties.

These types of assets are usually referred to as the “quasi-community properties” which is another way of saying that this is a case of legal separation between two parties who acquired property from another state while they were still married.

In such cases, the quasi-community properties are usually treated as part of the “community estate” and are always divided as with the community property. Equal treatment is given to both sets of property by the law of California.

Do you have a question about division of property during a divorce? Click here to contact Von Esch Law today!

Child Support Guidelines in California

One of the most disputed issues in any divorce is child support. Usually, you find that the parent who is most likely winning the case, intends to limit the other parent’s time spent with the child proactively. And in most cases, you will also find that other ex-spouses attempt to underreport their original income to limit the amount that they will have to pay for child support.

Either way, you should know that paying child support is obligatory in California, but with one exception. This article will highlight some of the child support guidelines that have been set in the state of California.

Overview of child support guidelines

In California, both parents are required to always provide child support to their young children in case of any separation of the spouses before the children come of age. Usually, the amount of child support that each parent puts into the child support is based on the circumstances that the parents are in at the moment. This means that the child support that each parent puts up is based on the amount of income they make.

Both parents are obliged to contribute child support for the child until the child is 18 years old when the state officially recognizes the child as an adult. As a parent to the child affected by your separation between you and your spouse, you are allowed to put more money in your child support amount than required, but must never pay any amount below the one stated by the court.

If both parents fail to reach an agreed child support amount, then the parties can agree to file a motion for a temporary child support order that will be active throughout the divorce period. The temporary child support order will only be active until the court activates a permanent order.

Child support add-ons

Add-ons such as child health care and other forms support also qualify as mandatory and need to be paid in addition to the child support as stated in the child support laws in the state of California. In this regard, the court usually orders each of the parents to pay half of the child care expenses that are needed by the parent who has custody of the child.

Retroactive child support payments

Usually, the retroactive child support payments are made when the non-custodial parent fails in his/her duty to provide child support during the specified periods. In such cases, the court usually issues an order that will have the non-custodial parent making child support payments earlier that when the actual order was made.

The consequences that come with child support

You need to know that child support payments are not categorized under taxable income, and so these payments cannot be written off by the parent paying them on their income taxes. The parent that receives the child support is not obliged to report these payments on his/her income taxes.

Would you like to learn more about child support guidelines in California? Click here to contact the experts at Von Esch Law today!

 

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