This is How Alimony is Determined in California in 2019

When it comes to finances and divorce, there is one topic that is more stressful and more emotional for parties to resolve than any other. Whether you call it spousal support or alimony during a divorce, California couples needing to come to an agreement that will require one ex-wife or husband to pay money to the other ex-spouse to support their lifestyle is challenging.

What is the real purpose of alimony in California and how does it work?

Alimony is intended to help the lower earning spouse in making the transition from married to single. To give them some time to get back on their feet and become self-sufficient after the split. How long that will take is a matter of much debate as it depends on how long you and your spouse were married – the answer might be never!

Alimony guidelines only apply to the temporary support payments.

In regards to child support, there is a mathematical formula that outputs a specific minimum amount each party should pay to support their children. And reasonably clear guidance on when it will finish. So at least divorcing couples have a good foundation from which to start their negotiations about that issue. But in the state of California, despite there being a guideline for the temporary spousal support, the amount of alimony you give or receive, and for how long it will last when your divorce is final, is left open for negotiation.

Do not forget about cost of living.

As if figuring out alimony in California was not difficult enough, there is yet another factor you need to bring into the mix. And that is the cost of living. Given the sheer size of California, the cost of living can vary widely from county to county or even town to town.

Finding an amount of alimony is just one piece of a larger picture.

Despite what you have heard about alimony in California after ten years, there is no set formula for finding out how many years you need to be married to get alimony in California or for how long it will last.

Click here to learn about divorce laws in California!

What if you have kids?

You might have heard that California alimony amounts are based in part on the net income of the paying party. This means if you have minor children and there is child support involved, that will lower the amount of net income available to pay alimony. Now in a few states, alimony needs to be determined first before a child support amount. But in the state California, it is the opposite. Alimony could only be determined once a child support award has been agreed upon in California.

Many people think of the check in the mail approach.

But there are more creative ways to resolve this because some people just do not like paying the alimony. For instance, you and your spouse can agree that in exchange for not getting that monthly check in the mail, one of you will take a larger share of the community property to offset the amount of support that would have been paid out over time.

Do you have a question about alimony laws in California? Click here to contact Von Esch Law today!

Courtesy of Cuselleration

Here’s A Basic Understanding of Workers Compensation Laws in California

Workers Compensation Law in California is a no-fault system developed to help both employees and company rights. The company needs to supply workers’ compensation advantages no matter the fault, since the employee gives up the right to sue the company. Workers’ Compensation laws are created to safeguard both the worker and the company in case of an injury on the job. California workers’ compensation laws offer insured coverage to employees for medical care for their injury and bring guaranteed compensation during and after the recovery of their injuries.

Even though these laws are primarily designed to protect the employee, the advantage to employers is that they put limits on the amount of compensation that can be collected from them. Many employers would ultimately rather pay for workers’ compensation insurance than be forced to pay a larger sum after losing a case. The laws also have benefits for dependents of workers who die on the job and help shield coworkers from virtually any liability.

You don’t need to have a workers’ compensation lawyer to file a claim. But it would be extremely helpful to talk with or get an attorney for your case. Our lawyers can assist you navigate the workers compensation law system the right way through court deadlines, representing you properly, managing disagreements, advising for additional resources and acting as your legal support through the court process. It can be especially valuable for you to talk to a lawyer if you are not sure the way to proceed with your claim. If you feel you are being dealt with unfairly by the insurance company or by your employer or if you have a disability long term, contact our office immediately.

Click here to learn about maternity leave in California!

What is Workers Compensation?

California has its own system when it comes to comprehensive workers’ compensation. This system is the DWC Office or Division of Workers’ Compensation Claims office. The work related injuries laws exist to protect employees from financial burdens when they are unable to work because of job related injuries. Injured workers would be forced to sue their own employers in civil court without this system. It would be up to them to prove that their injury was due to the employer’s negligence. This could be a lengthy process and there is no guarantee that they would win.

Workers’ Compensation Law requires all employers with at least one employee to have California Workers Compensation Benefits insurance. This comprises of all temporary employees and corporate officers of the company. The law extends to employers who are out of state as well and who might have employees that regularly work in California. It covers both repeated exposure, one time events and certain psychological injuries caused by the job that are stress related.

Benefits generally have the following:

1.) Medical care covers tests, doctor visits, treatment services, medication and necessary travel costs related to care

2.) Temporary disability benefits covers any lost wages incurred during recovery.

3.) Permanent disability benefits cover injured workers who do not recover and are unable to return to work.

4.) Job displacement benefits helps pay for retraining if a worker is unable to qualify for permanent disability and unable to return to their old job.

5.) Death benefits distribute payments to an injured worker’s spouse or dependents if they pass away due to job-related illness or injury.

Do you have a question about workers compensation laws in California? Click here to contact Von Esch Law today!Courtesy of Cuselleration