Family Law In Moreno Valley
When a family breakdown occurs, it is often impossible for the couple to reach a mutual agreement without help.
If children are involved, child support and custody are the first considerations and family courts are there to facilitate the process enabling spouses to reach an agreement that will be in the best interests of the child or children.
The court makes a ruling on behalf of the divorcing couple, this is different from a dissolution of marriage where in California couples can make a decision about ending their marriage without court intervention.
Two Types Of Child Custody
Legal Custody means the custodial parent has the right to make important decisions on behalf of the child, for example, which school they attend.
Physical Custody; the amount of time spent with the child by each parent, it could be shared custody or weekend visitation rights, depending on the circumstances. The judge will make the decision based on the child’s best interests. A violent parent would not be given child custody. However, they may be given ‘supervised visitation’ rights.
Mainly determined by the parent’s income and the one who has physical custody. Both parents must disclose statements of their income so that the judge can make a decision based on a calculation to determine a monthly payment. Child support in California continues until the child’s 18th birthday.
Alimony Or Support For Spouse
Sometimes spousal support is temporary. depending on whether the spouse has a job.
Other times a lump sum payout decision is reached, and in other cases, spousal support continues.
So it very much depends on the circumstances. The decision to pay Alimony is based on the length of the marriage and earning capacity, physical health of the spouse. If the spouse hasn’t worked for ten years, it will be hard for them to get a job, and ongoing spousal support may be required, the decision is made by the Family Law Court.
Types Of Family Law
In family law cases the courts encourage the spouses to cooperate with one another, but as we know, an agreement is not always reached.
In reality, the couple is before the courts because they have been unable to agree for years, making cooperation totally unrealistic.
Joint Physical Custody
Sometimes joint custody of the child, or shared parenting is agreed to, meaning the child lives with both parents for equal amounts of time.
Family law may agree that both parents are custodial parents in this case. An older child will often thrive under a joint custody arrangement, as he/she gets to spend quality time with each parent.
Under family law, sometimes neither parent is suitable ( for various reasons), to have custody of the child, for example, Dad may be in prison, and Mum may have a serious addiction issue. In this case, Third-Party custody would be granted, to a close relative, perhaps grandparents, to be physical custodians of the child.
There are so many important decisions to be made when raising a child and Legal Custody gives the Custodian the right to make these decisions.
Family Law In Norco
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Divorce In Moreno Valley
The average cost of a divorce in California is $20,000 or more. It is a good idea to go into the process with an understanding of what to expect, and what you will be paying for, as it is not only expensive but you can get bogged down in the process if you don’t understand what is happening.
Retaining A Divorce Attorney
When you hire a divorce attorney he will want to know.
1. Date of marriage.
2. Date of separation.
The length of the marriage will influence your division of property. Interestingly in California, a Legal Separation is not needed to divorce, but your attorney will require the date of separation. This could be the day you left home, or your partner left you. sometimes the parties agree equally to separate and a date must be determined.
Once you separate determine all sources of income and make copies of paperwork and bank statements to show to your attorney. Division of property is an important part of the determination process, and all properties should be identified. You will also be asked if you have undergone marriage counseling or have both parties attempted to reconcile. Being totally aware of all your income streams will affect the determination of spousal support, and a temporary support order will be put in place until the divorce is finalized.
Determining Length And Amount Of Spousal
This is important as if the marriage is longer than 10 years, then the termination date for spousal support could be the death of either party or remarriage of either party. California Code Section 4320 outlines various factors that contribute to the determination of a spousal support order.
Division Of Community Assets And Debts
Accuracy is important in the division of assets. Not only real estate and investments but the couple’s retirement fund must be taken into account.
Debts should also be divided, depending on when they were acquired. The term community property refers to property that has been acquired since the marriage and before the divorce was filed for. If the property is in both names the court looks upon it as community property.
If both parties are able to agree, this makes the division of assets much easier, the parties may agree on a standard division, and the Attorney would prepare a Marriage Settlement Agreement. Documents are prepared according to the couple’s joint wishes. In doing this they are required to disclose both their assets and debts to one another
Problems In Dividing Assets Prior To Divorce
When a divorce is taking place, a problem can occur when separate property is partly community. This may occur when one of the parties sold a previous family home before they married, using the funds towards the purchase of a joint home after marriage. The law would require that the down payment be reimbursed to the party before the assets were divided. The court will want to see documentation proving that this is the case before making a decision. Then the division of property for the divorce can proceed.
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Custody In Moreno Valley
If you are divorcing, with children involved, it is important that you understand the meaning of custody.
There are two kinds of child custody and they are both a bit different.
- Legal Custody
If you have legal custody it means making important decisions around the care of your child, like choosing their school and finding the right doctor and dentist for them to attend.
- Physical Custody
This means who your children live with, and the person who provides their day-to-day care.
Legal Custody Can Be Joint
This is when both parents share the responsibility for making the decisions about the welfare of their children.
Or it can be sole when one person makes the decisions, and if you have legal custody of your child you will realize the importance of these decisions. In making these decisions alone, even the most minor decision seems to be really important.
If you share legal custody, you don’t have to agree on every decision, but it is important that you communicate your decision to the other party. No one wants another court case!
This can either be joint where the child lives between both parents.
Or sole or primary meaning that the child lives predominantly with one parent and visits the other parent.
It is impossible to split the time spent with either parent exactly, and children, as they grow older will probably decide how long they stay in the one place. As one parent might be much nearer to the school than the other, and this has to be taken into account, once the child is old enough to make a few decisions for themselves. If things become tricky sometimes a Visitation order is in place.
This is a plan for how the parents will share time with children. A parent who spends less than half the time with the children has visitation. Visitation orders vary, depending on the activities of the children and their best interests. Sometimes the parent with visitation rights will want to take them on a holiday or celebrate a special occasion with them, and these circumstances must be taken into account.
Reasonable visitation does not map out details of when the children will be with each parent, but custody laws allow the parents to work it out between them.
If the child’s safety is at risk, a professional agency will sometimes be called upon to supervise the visit.
This is determined by the court when the child is at extreme risk and it is deemed unsafe to visit the parent.
How Custody Is Determined
The following factors are taken into account when deciding custody.
* Child’s age
* Health of child
* Emotional connection to parent(s).
* The ability of the parent to provide care.
* Any family violence
The courts don’t automatically grant custody to one parent or the other, and many factors come into account. The ties to the child’s school and home and community are all taken into account when the decision is made.
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Child Support In Moreno Valley
Across California, there are 47 child support agencies, they are there to enforce and support all orders relating to children. They track all records of payments and provide a go-between for parents, and in many cases smooth the way for parents to navigate the system and avoid court. Once you know what to expect it makes navigating the system easier.
Apply For Support
If your partner has left and you know where he/she is living, you can apply for child support through an agency.
The Agency Notifies The Other Parent
The absent parent will be notified by the agency that they are named in a child support case. If the parentage is in doubt you can request a test through the agency and they will see that proof of parent test is carried out.
Try To Agree On Child Support Money
If you can agree, you will avoid court by creating a stipulated agreement plan. You decide this between you and your ex-partner.
Judge Reviews Your Information
Payments are then scheduled to begin, usually by payroll deduction from your spouse’s pay.
If A Parent Refuses To Pay?
If a parent delays or refuses payment they face enforcement action.
If either party has changed in their income or stops working, they may qualify for a modification, and the agreement may be redrafted.
Every child is entitled to support, and if one parent leaves, the order sometimes has to be enforced to get the best results for the family.
How The Payment Is Calculated
* Number of children involved in the case
* The custody arrangements
* Each parents tax liabilities
* Whether there are dependant children from other relationships
* Cost of child’s healthcare.
* Whether parents have other job-related expenses
* Other daily costs of the parent.
Both parents regardless of their employment, are responsible for contributing to their child’s upkeep. Regular payments can improve the custodial parents living standard and improve life for the child. In turn, it reduces the financial gap between parents. It may mean that the custodial parent can afford a two-bedroom flat allowing the child to have their own bedroom rather than share with (usually mum), something that most of us take for granted. A sudden breakdown of the family unit can cause hardship for the remaining parent and the child. The child support agencies are able to address this inequity while supporting the parent.
Sometimes one child will stay with the mother and the other child with the father and in these cases, the guidelines need to be modified so that the court can determine the fair amount of support. If a child has special medical needs that incur extra costs, these circumstances are also looked at by family support workers, as the parent will require extra help to meet costs. Once the circumstances have been fully examined the court can issue a child support order.
When dealing with the courts, the welfare of the child always comes first, and we all want to give our children the best possible start in life.
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Mediation In Moreno Valley
Ending a marriage is hard, but often things are about to become a whole lot harder when you have to make decisions about your children, property, and supporting your spouse. Having a contested divorce is not your only option, and you may be able to avoid this by attending family mediation.
Many people ask, what is mediation? It is a recognized process that allows you and your ex to sit down with a counselor or neutral attorney who has been trained to mediate and decide what to do together. This way you can draft an agreement that will benefit everyone. There will be more than one mediation meeting before everything is decided, and the mediator is there to help you both stay on track with the decision process, and in some cases, to prevent any nastiness from occurring. It is not, and does not resemble marriage counseling. However, mediation can avoid a painful divorce by settling issues that arise during the talks.
How Is Divorce Mediation Conducted
Many divorcing couples are very glad that they hired a trained mediator, and as one woman said ‘ It helped me to clarify the problem and manage my expectations around future child support. Sometimes people just want to be heard, and often are very frightened about the future custody of their children and support payments.
The point is, to get the divorce mediation successfully behind you, and then later to deal with the child support and child custody which should be mediated separately. Sometimes the mediator will offer suggestions.
Issues Covered In Mediation
* Child Custody and Parenting Plan
* Child Support
* Property Division
It is best to deal with these four distinct topics in four different mediation sessions, as this way you will have more clearly defined outcomes.
Ask the mediator if he can put the main points up on a whiteboard and then you can copy and take them away with you after the session.
Mediation is not compulsory, but it is very helpful.
If you have a contested temporary custody or visitation issue under California Code 3170, you may be required to undertake mediation.
Many people prefer to go through the mediation process, as once a case hits the courts a divorce case becomes public and is often sensationalized in the media, most couples would rather prevent this from happening.
When A Mediation Can Help You
* If there is tension between you and your spouse, mediation can help to resolve the differences.
* When you want to control the outcomes and work through the process.
* When you are involved in a high conflict divorce with property disputes.
It is important to consult with your attorney, and tell them that you will be attending mediation.
It may resolve your family law issues enabling you to avoid divorce court. In some cases you may invite your lawyer to attend the mediation with you, but only if all parties agree. Your ex-partner would also have to be given the opportunity to have their lawyer present too.
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Men’s Rights In Moreno Valley
Some fathers believe that the law is biased towards women and mothers and that many men will have difficulty in getting custody of their children. Probably, because when people separate it is an emotional time, and they are just not seeing things clearly, however, to get clarification on the subject, here are some things that may help you.
Consider The Following Points
- How much time do you have to devote to the care of your children now you are separated? If you work full time and only have weekends and evenings consider joint custody, as this will give you some time to yourself.
- Making decisions with joint custody arrangements will involve you in all decisions child-related. Joint custody is encouraged by the law, and this way you will get an equal say.
- Talk to your Attorney, if your ex-spouse has made false accusations against you, you do have rights, and there is no evidence to support the claims. Let your attorney handle these claims.
- Just because your marriage is ending, it does not mean that your relationship with your children is ending. You have equal rights to custody and decision-making along with your spouse. call the Men’s Legal Center and get some advice. All that is happening to you is emotionally very draining, and you will want to pursue the best interests of the children, and your future relationship with them. So consult the center and schedule a consultation with an expert.
Looking At Men’s Rights
All divorces in California are no-fault, and the party that asks for the divorce does not have to give a reason to divorce. After the divorce is filed there are a mandatory six months waiting period before the divorce is finalized. One of the two spouses must file for divorce in a superior court in the country where residency requirements are met. A divorce trial can be quite expensive, so if your partner has filed for divorce check out your men’s rights and start to look at your finances. If you choose not to hire an attorney, both parties can represent themselves.
Any property that you have acquired during the marriage is considered community property and will be split between the two of you. Any property that you bought to the marriage is still considered your property. ( If children are involved they have to be provided for under the family law act). However, if no children are involved, it is not difficult to get a divorce in California.
Men’s Rights In Property Division
When you are dividing property during divorce proceedings with no children involved there are three basic options.
* Decide on the division of property between yourselves.
* Buy your spouse out of her share.
* Sell the property and divide the assets
The last option would appear to be the fairest, and when considering Men’s rights, fairness does not always prevail. However, if you get the right advice in California, you will know what to do and be able to move on with your life.
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Modification In Moreno Valley
Post-judgment modification refers to a request to change a court order issued by the court in its final judgment to dissolve the marriage. Sometimes, the situation changes, and property division, child support, and child custody can change.
Under Californian law, the party requesting modification has to prove a change in material circumstances before the court agrees to modification.
A childless couple divorces after 10 years of marriage, and the assumption is that the 32-year-old ex-wife will find employment. However, she doesn’t find a suitable job. Her automatic reduction has left her in reduced circumstances, forcing her to sell her car, and unable to travel to look for work. So she goes back to the court presents the evidence of 12 job interviews, and asks for a post-judgment modification.
NOTE, post-judgment spousal support is limited by the time frame of the order unless jurisdiction to award support is reserved.
Orders may be changed at any time that the court sees as necessary under the ‘statewide guidelines’, which say ‘ that it is in the child’s best interests, ‘ and the parent is able to show that circumstances have changed. So yes, under Californian law certain orders may be modified after a final judgment.
Family Law Modification
If you are unhappy with the orders made in your family law case you may be able to change them, A judge has entered an order about child custody, and child support. There are several reasons why you may want to change the orders made in your case, and they could be some of the following:
* You and your ex-partner have come to an agreement that differs from the court order.
* There has been a change in circumstances since the order was issued.
* You feel that the court made an error, that resulted in an unfavorable ruling on your behalf and you wish to seek a modification.
If you believe that any of these circumstances apply to your case, seek the advice of an experienced Californian law attorney. This will help you to get the best possible outcome in your post-judgment modification case. This is a cost-effective way to seek the clarification that you deserve as it would not mean a court appearance. When you reach an agreement, the agreement modification must be submitted to the Californian family law court, where a judge signs it and it becomes legally enforceable.
Change In Circumstances Visiting Modification
This is the most cost-effective and least complex type of modification, but it still requires the expertise of a family court lawyer, as there are issues that can arise from coming to a new agreement with the other party. Modification may be difficult to negotiate, and sometimes mediation may be required to help you both find clarity. New circumstances, like a change of job requiring a lot of travel, will often require a change in child visitation to suit your new schedule. Once the changes have been signed off by the court your visitation modification is legally binding.
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Spousal Support In Moreno Valley
Alimony has changed, and in reality, it can be temporary or semi-permanent. Until the year 2000, it was permanent, but then the law was changed and it states:
from entitling some women to alimony for life as a part of the marriage contract of support. The new law entitles the spouse to post-dissolution support while they become established and self-supporting.
How Long Does Spousal Support Last?
A policy in California allows the spouse to become self-supporting within a reasonable time frame. It is meant to give support while the spouse finds employment or the resources to become self-supporting. A reasonable time frame is not defined and may mean up to three years to complete the appropriate education required to support ones-self.mIn some cases where an established couple has plenty of resources, spousal support may continue to enable the spouse to maintain their lifestyle following the divorce.
Duration of payments is left to the court with certain guidelines in place. Generally, a time of transition would be required. If it was a long marriage, 10-20 years there is no rule about the length of time to receive support, and the ex-spouse may not be able to earn enough money to become self-supporting.
Family Law How Much Support
In California, the courts have support guidelines for calculating spousal support. The guidelines state that the payor should contribute 40%the spouse’s monthly income to their ex-partner under the calculation guidelines.
Family Code 4320
Permanent support after the division of joint or community property. Factors in Code 4320 include.
* Earnings of each party
* The extent that the supported spouses are unemployed and unemployable.
* How long did the supported member contribute to the education and career training of the supporting partner?
* Standard of living needs of both parties.
* Length of marriage
* Age of both parties.
* any Domestic Violence
* Any tax consequences
* Any criminal conviction
* The goal is that the dependant spouse will become self-supporting
Once you are ordered to pay, it is an offense not to pay spousal support and could incur a contempt of court warrant. Contempt is not the best recourse as it fails to change the order to pay and makes the payor resentful, When the original order is not specified non-modifiable, either party can request a modification from the court. If the supported party remarries support will not be required to continue, and the same applies if the supported party dies. When the spouse dies before the support ceases, a payor stops paying, and the estate of the late spouse can’t order payment to continue. Child support ceases when the child turns 18, and or leaves home. These days many families continue to support their child/ children anyway if they have the means to do so.
California’s laws around family and spousal support are complex and can be frustrating, but on the whole, they appear to be fair to both parties in a divorce case, and if you are in any doubt, consult a Californian law attorney.
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Visitation Rights In Moreno Valley
Child visitation is the right of the non-custodial parent to spend time with their child. The Californian courts base this decision on the fact that the child will miss the absent parent, and will want to see him, or her, as the parent will miss their child and is often devastated to be permanently apart. So in order to maintain this relationship between parent and child visitation rights are legislated usually on a weekly basis.
Know Your Rights
If you are going through the separation process you should consult an attorney and find out what your rights are. You will certainly want the best visitation rights, or even joint custody when the divorce is absolute. The attorney will advise you and provide you with the best advice.
There are no winners in a divorce case, so try to cooperate with your spouse, as it is better if you are both in agreement on all issues. If you are not able to agree, the court will decide for you, and that is sometimes not the best option.
Parenting Supervised Time Supervision
Having accessible visitation rights gives you the chance to be a parent to your child or children. It is a good idea to read the Californian law on visitation to learn about custody and visitation so that you know what to expect. If you have been involved in a crime, and your partner has left you, a judge may order a third person to be present when you spend time with your children. Learn how to choose a visitation provider to find out more about it.
As a grandparent, you are entitled to spend time with your grandchild, and you will be granted visitation rights accordingly.
Aunts and Uncles can also apply for visitation rights, as the child will miss them and want to see them regularly, often this can be arranged informally with the custodial parent. However, in an acrimonious divorce sometimes applications to the court need to be made.
Visitation According To Schedule
Sometimes a plan is put in place to properly manage the visits and to prevent conflict from arising. Special occasions will be placed on the schedule, birthdays, holidays, and fathers day with detailed dates. In cases where the mother has one child and the father the other child a schedule is important, as it is essential that the children see not only the parent but one another.
An open-ended plan allowing parents to work out the visits themselves only works when parents agree and can plan together.
This is enforced when the parent has a history of harming the child or the child is at risk of being harmed by the parent or is abusing substances In this type of case, the parent does not have any contact with the child or children.
Visitations Rights Are Decided By Courts
The law gives custody and rights to visit the child based on legal advice, and the best interest of the children.
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Prenup In Moreno Valley
Prenuptial agreements are becoming much more common, and are a legal document that many of us should have considered before entering into matrimony. Had we made one, we would not have been so easily parted from our property and money, and life might have been different.
The Potential Of A Prenup
So many marriages end in divorce, and so few prenups are actually signed. If you have made a prenup and decide to divorce, it provides a roadmap to navigate you and your partner toward efficient and cost-effective finalization and dissolution of your redundant marriage.
In the past prenups were usually suggested to pacify the parents of the bride or groom and to reassure them that their considerable wealth would be passed on to their child, and not their son-in-law or daughter-in-law. Now they are totally practical contracts that in many cases should be considered.
What Can Be Included In A Prenup
It can be a useful form of asset planning often in cases where one partner has been married and has children. It can outline what you want to do with your assets, a bit like a will, and protect the inheritance rights of your children from your last marriage. This is a really sensible thing to do and it should be clearly defined prior to the wedding. Before you enter into a prenup it is a good idea to consult a solicitor as they know how you should best proceed. As California is a community property state, prenuptial agreements are extremely popular.
Prenuptial Agreement Law
This is an agreement between two people who intend to marry, and it becomes legally enforceable when they marry. The agreement in California follows contract law, and of course, must be signed and witnessed and when signing both parties must have their attorneys present. There is a 7 day cooling-off period between receiving the contract and signing it, During this 7 day period you take the contract to your attorney who thoroughly explains it to you. The contract is based on the open disclosure of financial information from both partners. Once the couple marries any property that they purchase in common, becomes community property, and will be equally divided following divorce. The prenup does not allow you to waive support of any future children, as the child’s right takes priority over everything else. However, you are able to waive future spousal claims by signing a prenuptial agreement.
A prenuptial agreement can be changed, and to do this, both parties must agree to the changes. The changes must then be signed by both parties to be effective. So if your situation is complicated with two or three other children and you have assets to protect on their behalf, it is certainly worth looking at a prenuptial agreement before you marry again. Speak to your attorney first, as they are best placed to advise you, and will draw it up for you properly so that everyone will be protected in the future.
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Moreno Valley CA – All You Need To Know
Moreno Valley Riverside County, California is a beautiful city just out of Los Angeles. The city now has over 200,000 residents making it the perfect place to relocate and raise a family. It was originally discovered by the Spanish but became part of the United States in 1850.
The climate can be described as semi-arid meets Mediterranean. Lovely hot summers and mild winters, the most rain falls during December. Winters are quite cold and the coldest day ever recorded was in 1974 when the temperature fell to 22 degrees Fahrenheit.
The city is made up of different racial groups and 99.7% of the people live in households. In Moreno Valley, 64.1% of people live in owner-occupied houses or condominiums while 35.7% live in rental housing units. In 2013 the city had an average income of $55,000, with 19.5% of the population living below the poverty line. Latinos have replaced the once white non -Hispanic population.
Moreno Valley is well served by primary and secondary schools, and some private schools also exist in the area. There are also 26 Chapman University Campuses, and several other Universities and Colleges.
There is plenty of work in local areas for unskilled laborers. Nearby Corona was founded at the height of the citrus boom in 1886, and there are still many lemon farmers in the area. Other areas of employment are Health, Education, Retail and transport.
Route 60 or the Moreno Valley freeway and interstate 215 both pass through the city. The Metro link commuter rail opened in June 2016 connecting the valley to downtown Los Angeles. This enables the people to seek employment in the larger city.
The area now has a Conference Center that attracts groups to the area. There is a wide range of recreational facilities in the city and some beautiful parks and gardens. The city and parks have many facilities, and if you are having a corporate gathering you will be able to rent a venue in the Conference Center that is fully serviced with technology and a kitchen. The venues are well kept and are suitable for a wedding reception or a large family gathering. There is a ballroom in the center that comfortably seats 200 guests.
Take the children to Coffin Creek Haunted Village, in 1938 Southern California had so much rain that it lifted the coffins out of the earth. The cemetery runs tours on Fridays and Saturdays 7:30 -10 pm. To take the kids for Halloween.
There are many local restaurants in Moreno Valley making it a pleasant and relaxing place to live. Box Spring Mountain is just above the town and is a good area for walking on the trails.
MORENO is Spanish for brown, and Frank E. Brown was one of the founding fathers in 1882, but he declined to have the town named after him.
By 1990 Moreno Valley had become the second-largest city in Riverside County. The cost of living in nearby Los Angeles helped to make the Moreno area a more attractive choice to settle and build a home.
From Moreno Valley, California, USA
Get on CA-60 W
2 min (0.7 mi)
Continue on CA-60 W. Take I-215 N, CA-91 W and I-15 S to Cajalco Rd in Corona. Take exit 91 from I-15 S
27 min (27.5 mi)
Follow Cajalco Rd and Temescal Canyon Rd to your destination
To Moore Family Law Group, 4160 Temescal Canyon Rd #302, Corona, CA 92883, United States