What Factors Does The Court Consider When Determining Custody Of Children?
The court considers many factors that involve the children’s best interests, including the status quo of who the children are with now, where they’ve been residing, and whether or not there are other siblings. The court will consider any issues of domestic violence, who can best provide a stable and healthy home environment, and which party is more likely to be cooperative with visitation issues.
Is There Ever An Age Where A Child Can Decide Who He Or She Will Live With?
There is an age, defined as 14 in California when a child has a personal voice. If the child asks to address the court, the court will generally allow a child to do that. However, a child generally is not considered able to determine what their own best interests are. The court will still determine what’s in the child’s best interests.
Who Pays Child Support When The Parents Are Not Married In California?
Child support is determined by the incomes of the parties and the relative percentage of custody or visitation. For parties who have never been married, you would need a paternity action to determine paternity before a court would order child support.
How Would The Amount Of Child Support Calculated In California?
The court uses the incomes of each party and the percentage of custody or visitation time for each parent to calculate the amount of child support. This can vary between different children if there are more than one. There is also an element of negotiation that is possible between the parties. This is where negotiation really benefits the parties: custody and visitation.
What Factors Impact How Assets And Debts Are Divided In A Divorce?
Fault is almost never a factor in a California unless there’s some intentional concealment that is later discovered. The key to property and debt division is what property is community property and what property is separate property. There is some property that will be considered a mixed asset. This has to do with when the asset was acquired, how and when it’s been paid for, and other factors during the marriage.
Are Pension Or Retirement Program Assets Divided The Same As Other Property In California?
The division of retirement accounts follows community and separate property concepts. Often, there is a special order, called a Qualified Domestic Relations Order, required to divide the interests of the parties according to community and separate interests.
What Can And Cannot Be Modified Once A Divorce Has Been Finalized In California?
Generally, you have a year to challenge a final judgment on the showing of good cause for things like property division. Support can be modified on a showing of substantial change of circumstances. I suggest to people all the time to proceed with that formally because informal agreements between the parties can really come back to hurt one of the parties if they don’t have it formally changed in the paperwork.
What Is The Process To Modify A Divorce Decree?
Modification requires a “Request For Hearing” to have a judge determine whether or not the change is appropriate.
Can A Request To Modify A Divorce Decree Or A Portion Thereof be Challenged Or Opposed?
A request for a modification is a disagreement of the parties requesting judicial intervention. Therefore, it requires both parties to appear before a judge and explain their positions.
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