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Navigating the Finer Points: When Does Child Support End in California?

February 8, 2024 / / 0 Comments

If you’re a parent making child support payments, you’re likely wondering, “When does this financial responsibility come to an end?” According to California law, a parent’s duty to support their child continues until the child turns 18. It’s crucial, however, to be aware of significant exceptions. In this month’s blog, we’ll explore key scenarios where child support may end in California and how to end it.

The Child Gets Married

If the child gets married before turning 18, this event can lead to the termination of child support obligations. Marriage is considered a legal emancipation, indicating that the child is now assuming adult responsibilities independently. However, both married and unmarried parents should seek legal advice to formally address the conclusion of child support.

Related: Learn more about the rights and responsibilities of unmarried parents in California here.

Emancipation through Self-Support

An instance that might result in an early conclusion of child support, it’s if the child achieves self-sufficiency. Self-supporting, in this context, signifies the child attaining financial independence and no longer depending on parental financial aid.

For the court to acknowledge the child’s self-supporting status, the paying parent needs to furnish substantial evidence. It could be tax returns, bank statements, or showing that the child is independent for financial aid.

The Court Ends the Support or Custody Order

In some cases, the court may intervene to end child support or custody orders. This could be due to a change in circumstances, the child’s request, or other legal considerations. Parents must stay well-informed about any court decisions that might affect their child support obligations, especially when the child expresses a preference for a particular custody arrangement.

How Do I End Child Support?

Typically, to terminate child support, you must file a formal request in court known as a motion. You have to show the court or LCSA (local child support agency) that your child is self-supporting and is no longer reliant on parental assistance. Another important point is if you were the supporting parent but now have custody, file a motion to stop or seek support. Failing to modify the court order may let the other parent enforce it, even if your circumstances have changed.

Consult With Family Law Richard E. Young & Associates

We at Family Law Richard E. Young & Associates can help you understand your child support obligations or modify them. We will guide you in the termination process of your court order. Contact our office at (949) 951-9529 to ensure you are prepared for this legal transition. Let us assist you during these crucial moments.

The Importance of Estate Planning for Blended Families

October 17, 2023 / / 0 Comments

Estate planning is a critical aspect of securing your assets and ensuring the well-being of your loved ones after you’re gone. For blended families in California, estate planning takes on even greater significance due to the unique challenges they face. With complex family dynamics and legal considerations, it becomes essential for blended families to create a comprehensive estate plan that addresses their specific needs. In this month’s blog, we will explore the importance of estate planning for blended families in California.

information about estate planning

The Unique Challenges of Blended Families

Blended families, consisting of remarried or re-partnered individuals with children from previous relationships, have intricate family structures that require careful estate planning. In California, without a proper estate plan, the laws of intestate succession will govern the distribution of assets, which may not align with the wishes of the blended family. Estate planning allows blended families to designate beneficiaries, provide for their stepchildren, and ensure their assets are distributed according to their wishes, avoiding potential conflicts and legal complications.

Related: Learn more about how to set up a trust fund here.

Protecting the Interests of Stepchildren

One crucial aspect of estate planning for blended families is ensuring the financial security of stepchildren. Without a proper plan in place, stepchildren may be unintentionally disinherited, as the law does not recognize stepchildren as legal heirs. By including stepchildren as beneficiaries in your estate plan, you can protect their interests and provide for their future, ensuring they are not left vulnerable to financial instability.

Addressing Potential Family Conflicts

Blended families often carry a higher risk of family conflicts arising during the estate administration process. Disputes between biological children, stepchildren, and surviving spouses can lead to prolonged legal battles and strained relationships. Through estate planning, you can clearly outline your wishes, establish trusts, and designate responsible trustees who can ensure a fair distribution of assets. By proactively addressing potential conflicts, you can minimize the chances of disputes and foster harmony within your blended family.

Rely on Family Law Richard E. Young & Associates!

If you or someone you know wants to create an estate plan in California, call the local pros of Orange County, Family Law Richard E. Young & Associates, for help. We will help you navigate the complexities of estate planning and ensure the protection of your loved ones. Visit our website at richardeyoungattorney.net or call us at (949) 951-9529 to schedule a consultation.

How to Create a Parenting Plan: A Comprehensive Guide

August 17, 2023 / / 0 Comments

Creating a parenting plan during a divorce can feel like navigating uncharted territory. However, according to California Courts, when you separate from your partner, you need a parenting plan. One that covers everything from holidays to healthcare, and guides both parties on how to make decisions concerning the child’s upbringing post-divorce. In this month’s blog, we’ll explain to you what a parenting plan is and how you can create an effective one.

What is a Parenting Plan?

In essence, a parenting plan is a written agreement that outlines how parents will raise their children after separation or divorce. It typically covers aspects like living arrangements, schooling, healthcare, and holiday arrangements. The goal is to provide a sense of normalcy and stability for the children amidst significant change.

Steps to Create a Parenting Plan

Step 1: Prioritize Your Child’s Best Interest

Start by discussing the core issues related to your child’s upbringing. This includes deciding who will make decisions on education, healthcare, and religious activities, among other things. The plan should also include the child’s residential schedule, detailing where the child will reside on weekdays, weekends, and during holidays. Parents should always prioritize the child’s best interests when creating this schedule, considering their age, schooling, and social commitments. Another essential element to consider is communication. The plan should outline how and when the child can communicate with the non-custodial parent, and how parents will communicate with each other about child-related matters.

Related: Learn more about if a child can choose custody here.

Step 2: Plan for Changes and Dispute Resolution

Once you have drafted your parenting plan, it’s a good idea to include guidelines for handling unexpected or unplanned situations. This includes provisions for relocating, modifying the parenting plan, resolving disputes, and dealing with emergencies. In these instances, it’s helpful to include a commitment to use mediation or counseling before resorting to court intervention. Additionally, outline the procedure for introducing significant others or new spouses to the child. It’s important that these additional guidelines be flexible and considerate of changing circumstances, always maintaining focus on the child’s wellbeing above all.

Related: Learn about why you should try mediation before legal action here.

Get Help From Family Law Richard E. Young & Associates

At Family Law Richard E. Young & Associates, we understand that creating a parenting plan is more than just assigning dates on a calendar. It’s about establishing a new way of parenting, one that puts the child’s interests at the center. We’re here to guide you through every step of the process, ensuring that your parenting plan addresses all the important areas and is tailored to your family’s unique needs. You don’t have to do this alone. Call us at (949) 951-9529 or visit www.richardeyoungattorney.net to get started on creating a comprehensive parenting plan.

Alimony Explained

November 12, 2021 / / 0 Comments

Alimony, also commonly known as spousal support, is a form of financial support paid by one ex-spouse to the other after the marriage has legally ended. Alimony is enforced by federal law and is in place to acknowledge that in marriages where a spouse forfeits a career to manage the household, the couple is essentially splitting essential family duties based on nonmonetary contributions that have to be equally considered. To learn more about the ins and outs of alimony, continue reading our blog!

Who Qualifies for Alimony?

The whole objective of alimony is to provide “reasonable and necessary” support upon divorce or separation. In order to qualify for alimony one must show the court that he or she needs financial support and that the other spouse has the economic means necessary to provide it.

What are the Stipulations of Alimony?

  • It must be requested during the divorce, not after
  • It will have to be forfeited in the event of remarriage and at the request of the ex-spouse
  • Couples who agree on alimony terms can resolve this matter outside of the court, however alimony can only be legally enforced when ordered by a court or if there’s a written agreement
  • Failure to pay alimony payments can result in a motion for contempt to be filed, and if approved, can lead to other means of enforcement including wage garnishing

What is the Legal Process?

Immediately upon agreeing to divorce any individual seeking spousal support must come forward and file a motion for it. A spouse can ask the judge to make a spousal support order as part of divorce, legal separation, annulment or a domestic violence restraining order.

If the couple cannot agree to this arrangement or to a fair monthly amount, a judge will decide if the individual is indeed entitled to the alimony, and if so exactly how much. Alimony will either be granted indefinitely or for a limited amount of time depending on the couples current and future circumstances.

Final Thoughts

An expert family lawyer will be able to provide end to end legal services for divorcees and those trying to navigate alimony, child support, custody and other legal cases. Learn more about the expert team at Family Law Richard E. Young & Associates, our convenient services, free consultations and much more on our website or by giving us a call at (949) 951-9529. We have proudly served countless families in the Orange County community with their alimony, divorce, custody, and bankruptcy cases since 1974.

Vacation Time and Child Custody

April 20, 2021 / / 0 Comments

Imagine this: it’s the holidays and everyone is ready for a vacation. People are excited to take a load off and spend quality time with their loved ones. Maybe they’ll take a road trip or go out-of-state for sight-seeing and new experiences. However, this can be a difficult and tense subject to navigate between divorced parents. Planning vacation time can come with its own set of challenges especially when it involves a child custody agreement and limited scheduling.

Scheduling Vacation Agreements

For those who are still working through the details of a child custody and parenting plan, it’s important to clearly define vacation time between you and your ex-partner. All parents want to spend time with their children and for divorcees, having a coordinated vacation schedule will help prevent conflicts by setting some ground rules.

Talk to your ex-partner and clearly define what can and cannot be done. Here are a few examples of what to agree upon:

  • Determine agreeable vacation destinations, whether it be local, out of state, or out of the country.
  • Set equal vacation days so your children can spend enough quality time with both parents.
  • Discuss activities that the children will participate in during the vacation.

Some divorced parents may choose to establish specific dates each year in which they can take their children on vacation. Others may choose to have unspecified dates instead, but are required to notify the other parent in advance of when they plan to take their children on vacation. Regardless of what option you may choose, it is important to be clear and communicative with each other.

Be Transparent with Each Other

Incorporating vacation plans can be difficult and tedious but it’s important to prevent conflicts. In order to be transparent with each other, some divorcees may opt to put plans into writing to ensure each party is aware of the set guidelines. If you decide to make any changes to your plans, remember to inform the other. If an emergency were to happen on a vacation, it’s important for the other to be aware of where you are and what you were doing. Understand that remaining communicative with each other is the first step in overcoming conflicts in a child custody agreement.

Conclusion

Establishing a vacation plan can be overwhelming, but by following agreed upon guidelines, divorced parents can easily navigate and coordinate with each other while spending quality time with their children. Here at Family Law Richard E. Young & Associates, we help divorcees navigate confusing and tense child custody agreements. If you have any questions or concerns, contact us at (949) 951-9529 or visit our website to learn more about our services.

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