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Visalia Family Law Blog

Know the laws regarding financial support in a divorce

We recently discussed how it is important to think about your financial future when you are going through a divorce. There are two types of support that might be beneficial to consider when your marriage is ending -- alimony and child support.

Both of these types of support depend on specific factors. You would need to have children with your ex if you hope to get child support. There aren't any guarantees that divorce will include alimony or spousal support, since this is a decision that is made on a case-by-case basis.

Think about your financial future when preparing for divorce

Filing for divorce is a big life change for many people. One of the issues that might come up, especially in a contentious divorce, is whether there are any assets hidden somewhere. Other issues might also be present.

There are some very specific ways that you can protect yourself during the divorce. Keeping your finances in order is often a top priority, especially since you might have to rely on savings and credit to make it through the first few months after the marriage ends.

Understand how uninsured medical expenses are handled

Child support payments are meant to help financially support a child; however, these payments aren't intended as a catch-all so that the paying parent never has to spend another dime on the child. Many child support orders touch on what must happen if the child needs medical care.

You should review your child support agreement before a medial issue comes up. This will let you know which party should be paying for the health insurance on the child and which party should be paying for the medical expenses that aren't covered by the insurance.

What is your ex allowed to spend child support on in California?

After child custody and asset division, child support is often one of the most contentious issues in a divorce. It can be frustrating to pay a substantial amount of your income each month for the upkeep of children you see occasionally.

It can also be difficult for a parent who used to stay at home to support a family without child support. That's why the courts take great care to ensure the amount of child support ordered is based on the situation. Factors considered include standard of living, the income of both parents and any special needs of the children, such as medical costs or child care.

Think creatively when you are dealing with child custody issues

A couple of decades ago, the vast majority of child custody cases were handled the same way. The mother was given custody of the children and the father had them every other weekend and a couple of weeks during the summer. This has changed, and for the betterment of the children.

Children who are in the middle of a child custody case can usually count on having a lot of involvement from both parents. In some cases, the parents co-parent to help the child have a life that involves both parents in the major events of life. We understand that this might be a bit of a challenge.

Child custody interference shouldn't occur

Child custody orders are meant to be followed. In some cases, one parent opts to not follow those orders. Those parents might just want to get back at the other parent so they try to keep the kids away. This is known as custody interference.

For the parent who is left without being able to see his or her child, the custody interference is hard to deal with. There is a good chance that it is also difficult on the child.

The divorce process is one that requires you to protect yourself

The divorce process is one that brings up an odd combination of stress and relief. The process itself is likely going to have stressful moments but the relief you will feel when everything is said and done is amazing. We know that you are ready to get things over with, but you must ensure that you take the time you need to determine the proper decisions for your divorce.

When you are going through the divorce, you will be faced with decisions at certain points. As you make these decisions, you need to think about how they will impact you. As tempting as it might be, don't fall into the temptation of trying to make decisions just to hurt your ex.

Issues might arise if an ex dies during a divorce

Going through a divorce comes with a lot of decision making, especially if there is a lot of property hanging in the balance. As you and your ex make decisions about what will happen, you have to think about everything that might happen.

One unfortunate thing that might happen is if your ex passes away during the divorce process. This development throws a huge wrench in the process. It is especially troublesome if you and your ex have already come up with the property division settlement and haven't yet gotten the divorce finalized.

Plan ahead before you leave your marriage

When you decide that your marriage is over, you need to make plans. It usually isn't a good idea to just walk away with the clothes on your back. Of course, if you are the victim of abuse, that might be just what you have to do.

Ideally, you will have time to plan ahead so that you can make sure everything is in order for you to be able to stand on your own when you leave your husband. Here are some of the things that you need to think about before you walk away.

Plan to keep private affairs private in a divorce

A divorce is a very personal matter that you might not want made public. While people will know that the divorce occurred, you might not want your business out there about exactly what happened. You might be able to keep things under wraps if you opt to try to work out the divorce terms with your ex.

We know that you might not want to think about working with your ex like this. If this is what you are thinking, you need to take a few minutes to decide which is better -- working with your ex or having your personal business made public.

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