Tag Archives: Permanent Supposal Support

How is Child Visitation Determined in California?

how-is-child-visitation-determined-in-californiaWhen a judge ultimately is deciding the outcome of a custody case in the State of California, he or she must decide what is in the best interest of the child or children that are involved. This decision determines how much time each parent will receive throughout the year with the children. When the process begins both parents that are involved will have a fair chance at custody and primary visitation despite whether it is the male or female that wants primary custody. As the process goes on the judge will get a better understanding of the familial situation and understand more of what would be best for the children involved.

Policies.  The State of California follows two very distinct policies when determining visitation. The first policy focuses on the health and welfare of all of the children involved in the visitation agreement. This must be the primary concern of the judicial system. Also, the second policy takes a deep look at the parents involved and determines whether or not the children benefit from having continuous contact with both of the parents. The information regarding both of these policies is the main information that is used to determine child visitation in California.

Safety.  During California court proceedings, a child’s safety is a primary concern when determining child visitation. It is an easy decision to make if there is a situation where one of the parents is living a very unsafe lifestyle that maybe focuses around excessive alcohol consumption or drug use. This may also apply to a parent that has a past that includes legal action for rape or abuse. A judge is not going to place primary custody or visitation with a parent that is not going to create a safe environment for their child. There is also a California law that prohibits a judge from giving child visitation to a person who has been convicted of murder or child abuse on both a physical or sexual level.

Supervision.  If a parent is questionable regarding their behavior or how they may act around their child then a judge may order child visitation to occur with a third party present so the visits are supervised. This prevents anything bad from happening to the child during the visit but yet it still allows the child to maintain some sort of relationship with their parent. When they are older and more mature they can then make decisions themselves regarding their visits.

Recommendations.  Each child visitation case is very different from the next. There may be some confusion as to whether or not a parent is fit to have visitation with their child so sometimes the court will ask for written recommendations and letters from family members, rehabilitation staff, attorneys and more. The information provided by multiple sources will help a judge make their final decision.

Child Opinion.  Depending on the age of the child the court may ask the child what their opinion is regarding the visitation agreement. An older child may state that they do not feel it is healthy for them to have a relationship with a certain parent or they may ask to stay in a certain living situation with the parent they are already staying with. The judge typically will take this information and preference into consideration.

Ultimately the best child visitation agreement is one where both of the parents involved can work together to co-parent their children. While not every marriage or relationship works out in the end there are still impressionable children involved that deserve the very best that their parents can offer them.

What is Spousal Support?

what-is-spousal-supportIn San Francisco, when a married couple legally divorces, one spouse may be entitled to receive spousal support. Spousal support, or alimony, is a payment or payments made from one spouse to his or her spouse. The support is based on an agreement between the couple or court decision. You may have heard the term partner support and spousal support used interchangeably. There is a difference in California. Spousal support is a term used for legally married couples in the state. Partner support is generally used for couples who were involved in domestic partnerships and were not legally married.

The Purpose of Spousal Support
This type of support is given to one spouse who is considered lower-wage- or non-wage-earner. Alimony serves many purposes. One purpose is to control the unfair economic effects divorce has on the spouse who is not making as much money as his or her spouse.
For instance, if you decided to forego your career to raise your children, you may need time to return to school or a training program to develop your job skills. Another purpose of alimony to help the spouse to continue the standard of living he or she had during the marriage.

How a Spousal Support Case Begins
Before a spouse can receive any financial support, a case must be established with the court. For example, your lawyer can ask a judge to make a spousal support order if you have the following types of cases:

• Annulment

• Divorce

• Legal separation

• Domestic violence restraining order

Types of Spousal Support
The type of alimony a spouse receives depends on the status of the divorce.

Temporary Spousal Support
Pendente lite, or temporary spouse may be awarded while the divorce is pending or when the couple separates.

Rehabilitative Spousal Support
This is also a type of temporary support. It is awarded for a short time to help a spouse get on his her feet while the divorce proceeds. The money is typically given o that the spouse can go to school, obtain job training or find a way to become more self-sufficient. The support may also be awarded to a spouse who stays home with his or her children until they reach school age.

Permanent Spousal Support
Permanent alimony begins after the divorce is final. It generally continues unless two circumstances happen. One the spouse receiving the support remarries or dies.

Reimbursement Spousal Support
This type of support is for one spouse to reimburse, or pay back, his or her spouse for specific expenses. For instance, your spouse decided to go to medical school during the marriage. You worked to put him or her through school while supporting the household. You may receive reimbursement spousal support in exchange for helping your spouse build his or her career.

Factors Considered in Determining the Amount of Spousal Support Paid
You and your spouse may negotiate and agree on spousal support. This means that the agreement will become court order after a judge signs it. However, if you and your spouse cannot agree, a judge must determine the amount—if any—support will be paid. Here are some factors a judge uses in determining spousal support:

• Standard of living during the marriage.

• Length of the marriage.

• Any domestic violence during the marriage.

Talking to a Divorce Attorney
Obtaining or paying spousal support is a life-changing thing. You want to be prepared prior to asking for or fighting against alimony. To learn more about spousal support or obtain representation, contact a lawyer as soon as possible.