The Koblin Family Law Center Pleasanton Family Law Attorney | Alameda County Divorce Lawyer2024-02-19T18:50:08Zhttps://www.familylawpleasanton.com/feed/atom/WordPress/wp-content/uploads/sites/1602873/2021/08/cropped-site-icon-32x32.jpgOn Behalf of The Koblin Family Law Centerhttps://www.familylawpleasanton.com/?p=482142024-02-19T18:50:08Z2024-02-19T18:50:08ZWhat constitutes parental alienation?
One parent's attempt to negatively affect the other's relationship with their shared children might entail refusing to let the children spend time with their other parents in accordance with a custody order. One parent may turn the other away when they show up for parenting time. They might intentionally make plans that cut someone's time with the children short.
Other times, they may interfere with communication attempts by intercepting phone calls and emails. Parental alienation can also involve talking negatively about one parent to the children to alter how the children perceive that parent.
The courts frown on alienation attempts
Someone attempting to co-parent with an individual who badmouths them or tries to reduce their parenting time might worry about the long-term implications of alienation attempts on their relationship with the children and even the children's mental health.
Thankfully, the California courts are aware that some parents put their personal wishes ahead of what is best for their children. If one parent has evidence of attempts at alienation including details about negative statements made by one parent and parenting time violations, they can potentially take the matter back to family court.
Someone could ask for custody enforcement when they have not received an appropriate amount of time with their children or cannot communicate with them. The courts may grant someone make-up parenting time and may require that the other do better to facilitate their time and communication with the children.
Other times, evidence of parental alienation could justify a request to modify a custody order. A judge might increase someone's time with the children and their legal authority after their co-parent intentionally interferes in their relationship with their children.
Those seeking the enforcement or modification of a custody order because of parental alienation generally need evidence and support as they navigate this potentially emotional issue. Understanding that parents can fight back against alienation efforts may benefit those worried about preserving the bond they have with their children.]]>On Behalf of The Koblin Family Law Centerhttps://www.familylawpleasanton.com/?p=482112023-11-14T00:13:29Z2023-11-14T00:13:29ZThey will need professional support
Those who currently disagree about the value of shared property often need professional input to reach a fair solution. When it comes to real property, either real estate agents or appraisers are the professionals best able to assist. These professionals have training and state licensing that help them realistically evaluate a property's condition and current market circumstances to determine what the home is worth.
Even then, the final figure that they set will be somewhat subjective. Their perception of the market and the property will influence what they think it is worth. The subtle cues given by a client can also affect what an agent or appraiser says a property is worth. Therefore, it is possible for spouses to bring in an appraiser and still find themselves disagreeing about the property's value.
Occasionally, when what someone expects is thousands of dollars different from what the appraiser says the home is worth, a second appraisal might be beneficial. Spouses can then compromise by setting the fair market value in between the two appraised values. Although divorcing homeowners do need to pay for each appraisal, having a realistic fair market value is of the utmost importance for an appropriate outcome during divorce. Therefore, the costs associated with obtaining a second appraisal may be more than worthwhile given the potentially substantial discrepancy between someone's expectations and the appraised value set after a single appraisal.
Having legal and financial guidance when setting the value for the most significant resources in one’s pool of marital property may help those preparing for divorce negotiations to set realistic expectations and to craft their asset division strategies accordingly.]]>On Behalf of The Koblin Family Law Centerhttps://www.familylawpleasanton.com/?p=482102023-10-12T11:20:15Z2023-10-12T11:20:15Zperformance-based bonuses to push new workers to achieve as much as possible for the organization. Such compensation can often be worth tens of thousands of dollars or more if an employee qualifies to receive the full amount.
However, they may need to work for multiple years before they become eligible to actually receive that deferred compensation. During a divorce in California, one spouse may try to claim a share of the deferred compensation of the other. If an employer has not paid that compensation yet, is it subject to division?
Some of the compensation may be marital property
When the California family courts have to make a determination about dividing marital property, they look at when people earned or acquired resources. Judges will also review any existing marital contracts, such as prenuptial agreements. Barring a pre-existing agreement between the spouses, deferred compensation is often at least partially divisible in a California divorce. The portion of the compensation accrued during the marriage would be part of the marital estate even though the employer has not yet paid that compensation to the worker.
The spouses will therefore have a challenge ahead of them. They will need to determine how much of the deferred compensation is part of the marital estate. In some cases, they may need to attempt to put a value on that compensation because it does not have a fixed market value. Restricted stock units and performance-based compensation may shift in value depending on what happens after the divorce.
Having a plan to address more challenging resources can take some of the stress out of the early stages of a California divorce. Yet, in complex cases, it’s difficult to create such a plan alone. Therefore, seeking legal guidance as proactively as possible is generally a good idea.]]>On Behalf of The Koblin Family Law Centerhttps://www.familylawpleasanton.com/?p=482082023-08-31T16:37:00Z2023-08-31T16:37:00ZWhat factors can a judge consider?
It depends. Under California law, one of the factors that judges can take into consideration when determining spousal support is the “extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage.” Of course, that’s just one factor. They’ll also consider the length of the marriage, the age and health of each spouse, their marketable skills and the “extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.”
Say you left college and took a job to support the two of you while your spouse went through medical school. Then you left the workplace and spent the next couple of decades raising your children instead of finishing college while your spouse built up a lucrative practice and published a number of books that brought in considerable income.
Making a strong case takes knowledge and preparation
Your situation doesn’t have to be that clear-cut to seek spousal support that would help you maintain your marital standard of living. Further, the standard of living you hope to maintain may not be extravagant. You may just want to be able to afford a home of your own – no easy accomplishment in nearly any part of California.
It’s important to have realistic expectations when seeking spousal support, either via negotiation, mediation or litigation. Having experienced legal guidance can make all the difference when seeking truly fair divorce settlement terms.]]>On Behalf of The Koblin Family Law Centerhttps://www.familylawpleasanton.com/?p=482072023-08-17T02:15:05Z2023-08-17T02:15:05ZThey can lose all of the assets
Generally speaking, assets are divided between spouses in a divorce. Some may be separate assets, like an inheritance, but marital assets will be split, usually in ways that are fair considering the context of the marital estate as a whole. With that said, if one person is dishonest and fraudulently makes an inaccurate report to hide assets, then they could lose everything.
An example of this happened when a woman in California won the lottery for just over $1.3 million. Just 11 days later, she decided to ask for a divorce from her husband. She did not tell her husband or the court that she had won the lottery. He was stunned by the divorce petition because he thought that his marriage was very secure and stable. The couple even shared a toothbrush. He had no idea why his wife had decided to leave him, and they had been married for 25 years before she did so.
However, a letter was then accidentally sent to his address, informing him about the lottery winnings. He went to the court, and the judge ruled that the woman had to give her husband the entirety of those winnings. She would’ve likely been given 50% of the marital asset – since she won the lottery while they were still married – if she had simply disclosed it. But because she didn’t, and because she tried to hide it, her husband got the entire pay out and she did not.
A complicated process
Dividing assets can be complicated, especially when one person attempts to hide assets or doesn’t follow the instructions articulated by the court. Those who are involved in this type of a compromised divorce process need to know exactly what legal options they have and what steps they can take to fight for what they deserve.]]>On Behalf of The Koblin Family Law Centerhttps://www.familylawpleasanton.com/?p=482052023-08-07T00:35:08Z2023-08-07T00:35:08ZCouples need to divide (or at least account for) retirement savings
The rule for property division if couples don't reach a mutual agreement out of court in California is that they must split their community or marital property. However, people often misunderstand what community property means for a married couple. People assume community property results in a 50/50 split of all assets, but that is not a guaranteed outcome.
A California family law judge has to consider a family’s circumstances when dividing assets. They may not always split the property evenly. There are also many cases in which the retirement account isn't entirely marital property. Judges may exclude amounts contributed before the marriage or after the initial separation from the property division process. The judge could order the actual division of the account or simply reference the value of the marital share of the retirement account in their broader property division decisions.
Those worried about retiring can protect their interests
There are several useful strategies that those concerned about the division of their retirement accounts can utilize during a divorce. Many people find it worthwhile to make concessions in other property division matters to retain sole control over their retirement savings or pension. Those who do divide an account with their spouse can use a qualified domestic relations order (QDRO) to protect their retirement savings from penalties, taxes and fees that early withdrawal before retirement age might otherwise trigger.
Focusing on the assets that matter the most and seeking legal guidance to better understand California state law can make it easier for people to negotiate reasonable solutions when they decide to divorce.]]>On Behalf of The Koblin Family Law Centerhttps://www.familylawpleasanton.com/?p=482042023-07-11T00:23:25Z2023-07-11T00:23:25ZChild support orders end before college
Although those who have recently become adults or finished high school typically do not have the ability or resources to live independently, they no longer have a right to child support when they finish their secondary education. California child support typically ends either when a young adult turns 18. However, it can last until a young adult turns 19 if they remain unmarried and are still enrolled full-time in high school.
The California family courts will not order either parent to assist a young adult with their college expenses. Thankfully, parents do have the opportunity of reaching an agreement with one another that addresses college tuition costs. They may be able to make an arrangement to split those expenses in the future after child support technically ends. After all, the income of both parents will typically influence how much financial aid the child qualifies for on a needs-based basis. Parents who can set aside their frustrations with each other may be able to help their children achieve their dreams even though the family changes while they are still young.
Learning more about the rules for child support in California may help parents set reasonable goals and more effectively negotiate with their co-parent concerning financial priorities that may affect their kids well into the future.]]>On Behalf of The Koblin Family Law Centerhttps://www.familylawpleasanton.com/?p=482032023-07-03T08:27:56Z2023-07-03T08:27:56ZCalifornia Uniform Parentage Act is a very important law that influences the circumstances of tens of thousands of families across California annually.
The law is about establishing parentage
Parentage, which many other states call paternity, is the legal relationship that an adult has to a child. For mothers, establishing parentage is relatively easy, as they will usually give birth at a medical facility. For fathers, the process can be a bit more complicated. California does apply a presumption of paternity when the father is or was married to the mother of the child.
Someone not married to their child’s mother at the time of the child's conception or birth will need to take extra steps to have the state recognize them as a parent and to make use of their parental rights. If the parents are able to cooperate, the process can be as simple as submitting paperwork together to the state. A Declaration of Paternity can add a father to the birth certificate.
Other times, establishing parentage may require family court support and genetic testing. The individual seeking to establish parentage will initiate a case in family court in accordance with the Uniform Parentage Act. Any hearings required by the courts will be held in a closed court so that the details are not accessible to the public. Others may neither attend the hearing nor access records detailing what occurred.
Parents must know their rights to utilize them
Parents, especially unmarried fathers, often feel like they are at a disadvantage during family matters. When it comes to navigating the legal system in California, knowledge is power. Learning more about the rules that govern parentage and the process involved in establishing parentage may benefit those who want to play an active role in the lives of their children.]]>On Behalf of The Koblin Family Law Centerhttps://www.familylawpleasanton.com/?p=482022023-07-24T17:26:35Z2023-06-23T14:00:21ZPeople may count future income more than once
The business valuation process can be very complicated, and there are different systems used for different types of companies. One of the more common types of business valuation involves calculating the likely future income of the business and using that as part of what establishes the company's overall value.
This approach is perfectly valid and useful for many small and family-owned businesses, but it does put someone at risk of the so-called double dip. Their spouse may then also try to claim spousal support when looking at their spouse's future income, which comes from the business. Typically, they should only have to account for that future business income one time rather than using it both as part of the property division process and then also for support matters.
Those with valuable assets often need guidance
Mistakes when dividing a business could have lasting implications for the future solvency of the company and someone's ability to rebuild after the divorce. Although almost anyone planning a divorce with benefit from legal advice and support throughout the process, those who own complex assets like businesses need that guidance even more than the average person.
Learning about the common mistakes that occur during divorces involving businesses could help someone avoid those mistakes themselves. Seeking legal guidance is a good place to start.]]>On Behalf of The Koblin Family Law Centerhttps://www.familylawpleasanton.com/?p=482012023-06-08T14:06:40Z2023-06-08T14:06:40ZParental alienation damages not just the relationship one parent has with their children but also often kids’ mental health. These are some of the warning signs that a co-parent has started to inappropriately interfere in someone's relationship with their children.
Disruptions in communication
Maybe one parent refuses to connect the phone calls that the other makes when the children are in their custody, or perhaps they screen and frequently delete all emails the other parent sends to the children. Even if the parents intercepting those communications doesn't stop every attempt, the reduction and frequency of communication between a parent and their children can damage their relationship.
Withholding information
Effective co-parenting requires that parents share all necessary information about their children with one another. Details about issues at school, recent health concerns and even conflict with siblings our matters that one parent should always disclose to the other for more effective parenting. When one parent intentionally doesn't keep the other informed about crucial developments for the children, that may strain their relationship or prevent them from being involved when their presence would be beneficial.
Canceling or shortening visits
It is typically expected that if one parent cancels or reduces the other's time with the children that they will offer make-up parenting time. However, a parent trying to alienate the children from the other parents will do the opposite. They will cancel and shorten visits and refuse to allow the other parent make-up time with the children. Reduced parenting time could mean one adult always scheduling medical appointments during the other's parenting time or outright turning them away at the front door. Both scenarios might lead to a judge agreeing that it is necessary to alter the custody order or at least enforce it.
Taking legal action when experiencing parental alienation in a shared custody relationship can potentially help a parent preserve the relationship that matters the most to them.]]>