O'Brien Family Law, PC Sacramento Divorce Lawyer | O'Brien Family Law, PC2024-03-11T19:43:52Zhttps://www.obrienfamilylaw.net/feed/atom/WordPressOn Behalf of O'Brien Family Law, PChttps://www.obrienfamilylaw.net/?p=503022024-03-07T20:44:41Z2024-03-11T19:43:52Z1. Custody and visitation schedule
A good plan begins with establishing a clear custody and visitation schedule that outlines when the children will spend time with each parent. This schedule should consider the children's age, school schedules and extracurricular activities. It is important to be flexible and willing to adjust the schedule as needed to accommodate changes in circumstances.
2. Decision-making authority
Parents should define how they will make decisions regarding different aspects of their children's lives, such as education and healthcare. They should also discuss and agree upon decision-making processes and strive to involve each other in major decisions affecting their children.
3. Communication plan
It is important to outline guidelines for communication between parents regarding the children's needs and activities. This may include regular check-ins, the sharing of information, and protocols for emergencies. Effective communication is necessary for co-parenting success and ensuring that both parents stay informed and involved.
4. Financial support
Addressing financial support for the children is another priority. This includes child support payments and other related costs. Parents should agree on how to divide future expenses and ensure that financial arrangements are fair and equitable for both of them.
By including these key areas in a parenting plan, parents can establish an effective framework and prioritize the best interests of their children.]]>On Behalf of O'Brien Family Law, PChttps://www.obrienfamilylaw.net/?p=503002024-03-05T19:31:35Z2024-03-05T19:31:35ZEvidence gathering through social media
In 2022, 989,518 married women got a divorce. Judges used evidence to determine property divisions, settlements and child custody decisions. One significant way social media affects divorce proceedings is through evidence gathering. Both parties use posts, messages and photos shared on platforms as evidence in court. For example, if one spouse claims financial hardship but posts pictures of lavish vacations or expensive purchases, these posts can undermine their credibility and affect alimony or asset division decisions.
Custody disputes and parental fitness
Courts may consider posts that show irresponsible behavior, substance abuse or neglectful parenting when determining custody arrangements. Similarly, evidence of disparaging remarks about the other spouse or inappropriate content can impact a parent's ability to obtain custody or visitation rights.
Impact on privacy and confidentiality
Social media also compromises privacy and confidentiality during divorce proceedings. Opposing parties may gain access to messages or posts intended for a select audience.
Emotional impact and conflict escalation
Negative or inflammatory posts can create animosity and lengthen the divorce process. They can make divorce more contentious and costly. The parties should avoid airing grievances or sensitive details of their divorce on social media. This mitigates further emotional strain and legal complications.
Given the significant impact of social media on divorce proceedings, individuals should protect themselves and their cases by limiting social media usage.]]>On Behalf of O'Brien Family Law, PChttps://www.obrienfamilylaw.net/?p=502982024-03-01T19:57:40Z2024-03-01T19:57:40ZSavings impacts
California has community property laws. According to these laws, assets acquired during the marriage, including retirement savings, are community property. Thus, they are subject to equal division between spouses. This means that retirement accounts such as 401(k)s, IRAs and pensions accumulated during the marriage may undergo equal division. This can potentially reduce each spouse's retirement nest egg. The division of retirement assets in a divorce can also have tax consequences. Thus, those navigating divorce should consider the impact on their retirement savings and seek guidance from financial professionals.
Tax implications
Dividing retirement assets in a divorce can also have tax consequences. Withdrawals from retirement accounts may be subject to taxes and early withdrawal penalties. Additionally, dividing certain retirement accounts, such as traditional IRAs, may trigger tax obligations for both parties. Consider these tax implications when negotiating the division of assets in a divorce settlement.
Goal adjustments
Divorce can also necessitate a reassessment of retirement goals. With fewer assets available for retirement, parties may need to adjust their savings strategies or consider working longer to make up for any shortfall.
By seeking guidance from financial professionals and taking proactive steps to safeguard retirement savings, divorcing parties can navigate this time with confidence and work to secure their financial futures.]]>On Behalf of O'Brien Family Law, PChttps://www.obrienfamilylaw.net/?p=502952024-02-13T23:05:44Z2024-02-16T23:05:36ZIntermingling finances
When one spouse spends money on a new romantic partner during the marriage, it can blur the lines between separate and community property. If the spouse acquired the funds for the new partner during the marriage, those expenditures may be community property. They could be subject to division during divorce proceedings.
The matter may be clearer if the spending spouse can prove that the funds came from an account that is separate property. For example, this could be the case if the spouse had the bank account before the marriage and never put marital funds into it.
Reimbursement claims
In some cases, a spouse may seek reimbursement for expenditures the other spouse made for a new partner. This can lead to contentious disputes over the amount of money, the nature of the expenditures and whether reimbursement from the community property estate makes sense. Expenditures on a new partner could mean jewelry, clothes, a vacation or many other things.
Evidence and documentation
Proving expenditures on a new romantic partner can be challenging but important during divorce proceedings. Documentation such as bank statements, receipts and witness testimony may support claims regarding spending on a new partner.
It is possible for spouses to work toward a fair resolution that considers the complexities of expenditures on new partners. As divorce proceedings unfold, clarity and transparency are important for both parties.]]>On Behalf of O'Brien Family Law, PChttps://www.obrienfamilylaw.net/?p=502922024-01-29T20:47:16Z2024-02-02T20:46:56ZRelevant evidence in custody cases
In child custody cases, evidence of domestic violence can be important in determining custody arrangements. Courts assess the presence and severity of domestic violence incidents, considering factors such as physical harm, emotional abuse and the potential impact on the child's development and safety.
Impact on parental fitness
Domestic violence can also affect the determination of parental fitness. Courts evaluate each parent's ability to provide a safe and nurturing environment for the child. Instances of domestic violence may raise concerns about a parent's capacity to protect the child from harm or maintain a stable caregiving environment.
Protective measures for children
Courts may implement protective measures to ensure the safety of children in cases involving domestic violence. This can include supervised visitation, restraining orders or limiting contact between the abusive parent and the child to prevent further harm.
Understanding the impact of domestic violence in custody cases is important for the safety and protection of the child involved. The goal of the court is to award custody arrangements that provide a secure and nurturing environment for them.]]>On Behalf of O'Brien Family Law, PChttps://www.obrienfamilylaw.net/?p=502902024-01-18T18:04:21Z2024-01-19T18:04:13ZFinancial strain and child support
When a noncustodial parent faces job loss, the immediate concern is often financial strain. The obligation to provide child support remains, irrespective of employment status. The courts in California consider the parent's ability to pay when determining the amounts. Therefore, a sudden loss of employment may require a reassessment of the arrangements.
Modification of support orders
In the event of a job loss, the noncustodial parent can request a modification of the child support order. The court will evaluate the circumstances, including the reasons for unemployment, and may adjust the amount accordingly. Parents must communicate changes promptly to avoid legal complications.
Communication and cooperation
Effective communication between co-parents is necessary during times of economic hardship. The custodial parent may be understanding of the noncustodial parent's situation and willing to negotiate temporary adjustments. Collaborative efforts can help ease the impact of job loss on support arrangements, ensuring the child's needs are still met.
Enforcement measures
While California emphasizes cooperation, it also employs enforcement measures to ensure compliance. Job loss does not absolve the noncustodial parent of their financial responsibilities. The state may take measures, such as wage garnishment or other enforcement actions, to secure timely child support payments.
Planning for the future
Job loss is often a temporary setback. Parents need to strategize for the future, seeking new employment opportunities and demonstrating a commitment to fulfilling their obligations. Proactive efforts can contribute to stability and a continued focus on the child's well-being.
By addressing these issues with understanding and collaboration, parents can work together to ensure that even during times of economic hardship, their child has everything they need.]]>On Behalf of O'Brien Family Law, PChttps://www.obrienfamilylaw.net/?p=502872024-01-08T20:20:50Z2024-01-08T20:20:50Z1. Financial entanglements
After decades of marriage, couples typically have a complex financial web. Untangling joint bank accounts, shared investments and retirement funds becomes a delicate dance. In many cases, both partners contributed to their financial portfolio, making it challenging to fairly divide assets.
2. Retirement realities
Gray divorce can significantly impact retirement plans. Couples who spent their working lives saving and investing for a joint retirement may find themselves faced with the challenge of splitting these resources. Deciding how to divide pension plans, 401(k)s and other retirement assets requires a keen understanding of the financial implications, as well as the potential long-term effects on both parties' post-divorce lifestyles.
3. Social Security complexities
Social Security benefits can be an important aspect of retirement for older couples. Gray divorcing individuals may receive spousal benefits based on their ex-partner's earnings, provided the marriage lasted for at least 10 years.
4. Emotional toll on adult children
While adult children may seem more equipped to handle their parents' divorce, the emotional toll can still be substantial. Grown-up children may find themselves caught in the middle or grappling with their own complex emotions about their parents' separation. Maintaining open communication and addressing the concerns of adult children can be a necessary aspect of a gray divorce.
Gray divorce is a growing trend. In 2019, 36% of people divorcing were 50 or older. Although it is a complicated situation, approaching the process with care and consideration is important to ensure a smoother transition into the next chapter of life.]]>On Behalf of O'Brien Family Law, PChttps://www.obrienfamilylaw.net/?p=502842024-01-05T17:26:16Z2024-01-05T17:26:16Z1. Challenges in valuation
Valuing assets is a major part of divorces. Assets extending beyond California's borders add more wrinkles. They often require a thorough appraisal to determine their true worth.
Varied currency values and fluctuating market conditions contribute to the challenges. Differing regulatory environments do as well.
2. Jurisdictional quandaries
California follows community property laws. In other words, assets acquired during the marriage are typically communal. The state ranks seventh in the United States for its percentage of millionaire households, and many of these households have international holdings of some sort.
However, the holdings may fall under the jurisdiction of foreign legal systems. This introduces potential conflicts in the application of community property principles.
3. Tax implications
Transferring ownership or liquidating assets in other countries may trigger tax liabilities in both California and the foreign jurisdiction. It is not always straightforward to navigate tax laws.
4. Division across borders
Even with a fair settlement, enforcing the division of international holdings can be challenging. Legal systems and enforcement mechanisms differ globally. This raises questions about the enforceability of court orders and the practicality of asset transfers between countries.
5. Expertise
The expertise of financial professionals, including accountants and international legal consultants, becomes important. Their insights can provide a comprehensive understanding of the global financial landscape.
International holdings in California high-asset divorces introduce many challenges. Navigating these issues requires a thorough understanding of both California family law and the complexities of managing assets on a global scale.]]>On Behalf of O'Brien Family Law, PChttps://www.obrienfamilylaw.net/?p=502822023-12-21T19:49:23Z2023-12-21T19:49:23ZDivision of debts
When a marriage ends, any outstanding debts, such as mortgages, car loans or credit card balances, get divided between the former partners. However, simply agreeing to split the debts is not enough. Lenders still view both parties as responsible for joint debts until they are officially separated. If an ex-spouse fails to uphold their end of the financial arrangement, it can negatively affect the other's credit score.
Credit utilization changes
Divorce often leads to changes in income and living arrangements, causing individuals to rely more heavily on credit. Increased credit utilization, especially if it approaches or exceeds recommended limits, can negatively impact credit scores. Financial adjustments, such as establishing new lines of credit or closing joint accounts, can further contribute to fluctuations in credit utilization ratios.
Missed payments
The emotional toll of divorce can sometimes result in overlooked financial responsibilities. While adapting to a new lifestyle, individuals may miss payments on loans or credit cards, leading to late fees and negative credit ratings. Timely payments are necessary for maintaining a positive credit history and to avoid any lapses that could be harmful to your score.
By understanding the credit implications of a divorce, individuals can navigate the process more effectively and safeguard their financial well-being.]]>On Behalf of O'Brien Family Law, PChttps://www.obrienfamilylaw.net/?p=502762023-12-12T18:20:35Z2023-12-12T18:20:35ZAssessment of expenses
Parents of a child with special needs face additional expenses related to medical care, therapy, assistive technology and specialized education. Collaboratively create a budget for these costs.
A transparent and thorough evaluation guides discussions and decisions related to child support. California family courts may consider "extraordinary expenses" when calculating child support. You must clearly document these costs for judicial review.
Medical insurance and coverage
Determine how you will handle medical insurance and coverage for the child's special needs. Discuss who will provide insurance and decide how you will share any out-of-pocket expenses.
Open coparenting communication
Open communication between co-parents is essential, especially when caring for a child with special needs. Discussing decisions related to medical treatments, therapies and educational plans can help avoid conflicts and ensure the child's best interests.
Legal custody
California courts may award shared legal custody or give one parent sole legal custody. Legal custody refers to the responsibility for making important decisions on the child's behalf. When a child has special needs, this includes decisions about education, healthcare and other key areas.
The state Department of Health estimates that one in seven California children has special healthcare needs. Parents in this situation should be aware they can modify child support orders. If your child's circumstances change, you can request that the court review the support arrangements.]]>