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FAMILY LAW Premier Law understands you are going through an emotionally difficult process. Our attorneys can assist you with the following:
_______________________________________________________________________________ Divorce In California, upon divorce, community property is divided equally between the spouses, while each spouse retains his or her separate property. Community property includes all earnings during marriage and everything acquired with those earnings. All debts incurred during marriage are community property debts. Separate property includes gifts, inheritance, personal injury awards given to that spouse. Portion of the pension earned before marriage is considered separate property as well. A business owned by one spouse before the marriage remains his or her separate property during the marriage; however, the community might have acquired a portion if the business increased in value due to one or both spouses’ work during marriage. Property purchased with a combination of separate and community funds is characterized as part community and part separate property _______________________________________________________________________________ Spousal Support - Criteria for Spousal Support The criteria for ordering alimony are below:
_______________________________________________________________________________ Child Custody/Child Support CA courts use the “best interest of the child” standard in determining custody issues. The best interests of a child depend on many factors, including:
_______________________________________________________________________________ Child Support In California, the main factors in calculating child support are as follows: NUMBER OF CHILDREN: Number of minor children in the relationship. TIME SHARE PERCENTAGE: Approximate percentage of time each parent spends with each minor child of the relationship. GROSS INCOME: Each parent’s earnings including wages, salaries, royalties, commissions, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support received from a non-party. In some cases the court will consider the earning capacity of a parent instead of the parent’s actual income. TAX LIABILITY: Tax filing status: single, married, married filing separately, head of household; number of dependents claimed by each parent; and all available exclusions, deductions, and credits. DEDUCTIONS: FICA; mandatory union dues; mandatory retirement benefits; health insurance or health plan premiums for the parent and any children the parent has an obligation to support; SDI; any child or spousal support; child care expenses; medical expenses. If you already have a child support order in place, depending on the circumstances, a modification may be feasible. Examples of the types of changes that frequently support temporary modification orders are:
A permanent modification may be awarded under one of the following circumstances:
A permanent modification of a child support order will remain in effect until support is no longer required. _______________________________________________________________________________ Domestic Violence The battered spouse may seek restraining orders from court. A temporary restraining order (TRO) is ordinarily issued after the battered spouse files an ex parte application, which is an emergency court appearance without notification of the other party. The court usually orders the TRO on the same day and schedules a future court hearing so that both parties have the opportunity to argue why or why not a permanent restraining order should be granted. TRO typically remain in effect until the scheduled court hearing. _______________________________________________________________________________ Summary Dissolution of Marriage
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