Family Law In Norco
Reasons To Visit A Family Attorney
Family law is a broad category that includes everything from grandparent visitation rights to disputes over who gets the dog. What are the most common reasons why someone visits a Corona, California family law office?
Divorce / Separation
The most common reason why family law attorneys see clients is divorce, though the cases may be divorce related. For example, a client may visit several times over the course of their divorce. And then there is the steady stream of consultations regarding adjustment of child support, disputes over who gets the tax deduction this year and whether paying for the kid’s braces offsets the obligation to pay for health insurance. Child custody disputes are common, though these are best handled by arbitration than the courts. Yet family lawyers in Corona see many of these cases, as well.
Note that you can have child support and child custody agreements in place if you never legally married your child’s other parent. And legally separated but not divorced parents should have a separation agreement in place to avoid fighting over finances and visitation. A family law office can help you make changes to child and spousal support orders. Or they’ll take your ex to court when they haven’t honored the original agreement to transfer a portion of their retirement account to yours via a QDRO.
You should draft a pre-nuptial agreement before getting married. Furthermore, both sides should have legal representation. You can also work with a family law office to hammer out a civil union partnership agreement.
Family law attorneys can support you when you’re dealing with domestic abuse, too. Family law experts can help you file a restraining order, whether or not you want to get divorced. On the other hand, family law attorneys can help you when you’re falsely accused of domestic violence. This is an unfortunately common tactic to throw the accused out of the house, get complete custody of the kids, alienates people from the accused spouse. These false accusations halt evictions and foreclosures in the process, too. You need to fight such allegations to preserve your reputation. And for people in positions of trust like teachers and doctors, you need to fight the false accusations of abuse to maintain your job. Unfortunately, the use of the “silver bullet strategy” remains popular though California was the first state to introduce no-fault divorce that meant you didn’t have to make such allegations to secure a divorce.
Child Custody and Care
We discussed child custody in relation to divorce because that is the most common reason family law attorneys see people regarding child custody and care. These disputes can range from financial support to material support to visitation. However, family law attorneys can provide counsel if you need to arrange an adoption or guardianship for a minor child. Family law attorneys can handle child abduction cases, child abuse cases and even surrogacy cases. They can also provide legal counsel regarding child’s rights. This could be anything from a 17-year-old who wants to get emancipated to a 15-year-old who wants to live with his or her grandparents instead of warring parents. Or arrange for a family friend to become the child’s guardian before you’re sent to prison or go overseas for six months, ensuring that your child isn’t left alone without legal supervision or support.
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How Divorce Affects Your Retirement Plan
Divorce in California turns one household into two. It also leaves many people on their own when it comes to retirement. Let’s talk about how divorce may affect your retirement plan.
Life insurance will go to the beneficiaries named on the policy, regardless of your marriage status. After divorce, change the beneficiary from your now ex-spouse to someone else. In general, this should be your children or next of kin. If you set up a trust so that life insurance proceeds are in managed on behalf of your minor children or a special needs adult, your will should be updated and an appropriate trust set up.
Retirement accounts often rival the equity in a home as the largest asset the couple has. Know that you can roll over part of the former spouse’s 401K or IRA into a retirement account in your own name. If you’re over 59 and a half, you can take out that money without penalty, though you may owe income taxes on it.
We would recommend dividing assets so that you don’t have to take money out of your retirement account. Do not pull money out of a retirement account to pay for assets that go down in value. For example, it is a mistake to pull money out of a 401K and pay taxes and the 10 percent penalty to pay off a car.
Pensions and Social Security
Pension plans may or may not have survivor benefits. This depends on what your partner elected to receive. However, that money can be counted toward the income they have available to pay towards alimony. A spouse can claim Social Security based on their own income. Or they can claim a portion of their former spouse’s Social Security income, if they were married at least ten years.
Your Primary Residence
The family home is often the largest purchase any of us ever make. It is a large asset, but it may have a large debt tied to it. If the home is paid for, you may want to give up other assets in the divorce so you don’t have to sell it. However, you may want to consider selling it and moving into something smaller and cheaper. After all, you’re liable for property taxes, insurance and maintenance as a single person. If there is a large outstanding mortgage, home equity line of credit or mechanics liens against the property, it is generally better to sell the property and divide up the equity. Then find a cheaper place to live. You can’t afford to drain your savings or eat up your pension payment trying to maintain the house.
Divorce hurts the lifestyle of both parties involved, because you’re losing the economy of scale that comes from a combined household. In general, you both have to pay rent, utilities and other expenses that you used to pay together. This is why you need to draw up a new budget for yourself when you get divorced instead of assuming your new lifestyle is half of what you were previously spending. How much will you pay for food, shelter, medical bills and utilities? Then compare this to income you’ll be receiving such as a pension, SSI or retirement benefits. If there is a significant difference, your options include requesting alimony, working, or finding ways to reduce expenses.
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How Child Custody Affects Your Divorce
At its core, child custody affects where the child lives. It may mean living with Mom and seeing Dad on the weekends. Or it may involve alternating between houses week to week. However, child custody affects nearly every decision that needs to be made while raising children. Let’s look at how child custody decisions can affect your divorce and your child’s life after your marriage has ended.
Schooling and Daycare
What school will your child attend? That’s often based on where you live and thus where the child is staying most of the time. Your child custody arrangement must find a way to get the child to school on time, no matter which school they attend. This is why 50-50 custody is only an option if you both live near the school. Move away, and you’ll be visiting your kid on weekends and holidays. It is also why a divorcing couple in Corona, California should try to remain in the area no matter how much they feel like getting away.
In most cases, both parents have equal say in decisions regarding the child even if they don’t have 50-50 physical custody. This doesn’t mean you have to consult with the other parent for every decision. For example, you may not be able to get their opinion when you’re faced with a medical emergency. You should keep them informed about the child’s health and let them know about treatment decisions. For major decisions, they need to be allowed to attend meetings and have a vote. For example, they should be able to push for physical therapy instead of surgery for an injury.
Both parents have a say in the extracurricular activities the child is involved in. Don’t sign up the kids for camp when it will deny them planned time with the other parent. Don’t sign up the kid for expensive sports teams and stick the other parent with the bill without their prior consent.
Your child isn’t allowed to go on a trip to Europe or go with you to visit relatives outside of the country without the other parent’s permission. On the other hand, the other parent could sign the authorization for local field trips that you don’t support. However, California requires both parents to authorize kids going off to summer camp.
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The Intersection of Child Support and Tax Law
Child support is money used to pay for your child’s needs. It is a legal and moral obligation. Taxes are arguably in the same category. And child support payments affect your taxes in a variety of ways. This article is a general overview on the subject, and it does not constitute legal or financial advice. Please consult with a California family law attorney to understand the particular statutes related to your case.
The Tax Deductibility of Child Support Payments
Child support payments are not taxable income for the recipient. Neither the receiving parent nor the child has to pay income taxes on it. On the other hand, the parent making the child support payments cannot deduct the child support payments from their tax returns. This is true under both federal and California state law. Alimony was a tax deduction on the payer’s tax return through 2018.
Consult with a family law expert to discuss the tax implications of your current alimony arrangement. If you will be going through a divorce, consult with an attorney and a tax professional to determine if it is better to give the person more assets than to pay them more in child support.
The Tax Deductibility of Family Support Payments
Family support order payments are potentially one hundred percent tax deductible on your California state tax return. However, straight child support payments are not. If you end family support payments when the child turns 18 or graduates from college, it will be considered child support. And you could lose your tax deduction and be subject to audit.
Child Tax Deductions
A married couple has no problems when they claim their dependent children as dependents for tax purposes. The problems arise when you have separate households. Only one person can claim the children as a dependent that year. Yet there are several good reasons to do so. If you claim the child as a dependent, you can use the child tax credit to reduce the taxes you’ll owe. You’ll often fall in a lower tax bracket if you can file as a head of household. Your divorce agreement should include a system for determining who can claim the children for the associated tax deductions.
The Tax Collector and Past Due Child Support
The government wants to ensure that child support is collected and sent to custodial parents, so that the rest of us don’t have to pay for the child’s upkeep via the welfare state. This is why your federal, state and local tax refunds can be intercepted and sent to the custodial parent if you’re behind on your child support payments. This is formally called a tax refund seizure. The system will automatically redirect all such payments if you are on the Treasury Offset List for unpaid child support. The government can also seize other windfalls if you have debts to the government like overdue student loans and back taxes, though that’s less likely to occur automatically. You can find out if you’re on this list by calling the IRS. You should also receive a formal letter informing you that the tax refund was seized.
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Mediation Attorney In Norco
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Mediation: Mandatory Or Optional
Do you need a mediation lawyer for your mediation sessions?
Most mediation situations in California and other states in the U.S. don’t require both/one party to obtain legal counsel. However, there are scenarios where you need a mediation lawyer – a lawyer who specializes in mediation processes.
Since mediation is designed for conflicting parties i.e., divorcing parties, to work through conflict in the absence of a court process or legal proceedings, lawyers may not be necessary. However, mediation is not entirely informal, as most people would like to think. The process has rules that may be straightforward and easy to comprehend; however, they come with serious consequences.
It’s also worth noting that mediation processes end with binding agreements that are legally enforceable. While most people figure out mediation on their own, it’s advisable to seek legal advice especially when your property rights are affected.
Mediation lawyers are experts in analyzing the consequences of all decisions made in mediation processes allowing you to make informed decisions. A lawyer will also clarify the legal consequences of failed sessions pushing for open dialogue to resolve matters peacefully.
Choosing A Mediation Lawyer In California
Your decision to use a lawyer should be followed by taking steps to find the best lawyer you can find in California. How do you select a good California mediation lawyer?
1. Work with a mediation lawyer who supports mediation
Most lawyers prefer serious defense and settlement negotiations. A lawyer’s training may be counterproductive in a mediation process seeking a middle-ground as opposed to “defeating” the other party. Hire a lawyer who understands the mediation process and supports it as opposed to one solely looking for a “fight” in court. He/she should understand your interests in the mediation process (whether it is legal coaching or an initial consultation).
2. Choose a lawyer that is available
Mediation processes involve reviewing any written agreements made during mediation. Your lawyer should be available to ensure you are fully aware of the implications of signing any document.
3. Consider mediation experience
You should also choose a lawyer who has adequate experience in mediation processes. Given the stakes during such processes (i.e., custody and property), you need a seasoned lawyer with experience in handling such matters successfully. Prior training is important. Most lawyers who have undergone mediation training tend to be supportive of the process and know how to represent their clients better.
4. Choose a lawyer who charges reasonable fees
Besides experience, availability, and other factors above, you should know how much it will cost you beforehand. Most mediation lawyers charge their normal hourly rate for their times so, don’t assume you will get a discounted rate.
You can also select a good mediation lawyer through referrals or search online.
Do you need a mediation lawyer? Yes. The consequences of going through sessions alone without legal advice are dire. While you aren’t obligated to hire a lawyer or consult one, it’s in your best interest to do so. The benefits outweigh the cost savings of going through the process alone.
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Fathers Rights in California Amid False Claims Of Violence Or Abuse
California gives both parents equal rights in all matters related to custody. While there is a premise that mothers are favored, fathers should focus on facts. The law is clear on the definition of a parent all the way to equal parenting time and equality when making parenting decisions. However, a fathers rights can be affected by certain scenarios i.e., when there are allegations.
Father’s Rights in California Amid Domestic Violence & Child Abuse Allegations
The rights accorded to fathers in California are subject to a “typical” parenting situation without abuse or allegations of violence. Family courts in California and nationwide are sensitive to protecting children. As a result, a simple allegation (with/without evidence or corroboration) is enough to take away a fathers rights. How should fathers react to false allegations?
Document Evidence & Have A Witness
Fathers are expected to be vigilant. While unfounded allegations can be the determining factor in a child custody case, family courts assess the integrity of such allegations. False allegations usually have a history or trail of deception.
Having documented evidence such as text messages, social media posts, emails, and other documentary evidence highlighting false statements/accusations and lack of credibility can help. A witness aware of a mother’s credibility issues is also an important step to fighting unfounded domestic violence or child abuse allegations that compromise a father’s rights.
Deposition & discovery
A father’s rights can also be restored through deposition testimonies. False allegations should be challenged through deposition testimonies under oath. A formal demand for information (discovery) can also be made to challenge false allegations.
Discovery and deposition can force mothers making false allegations or purporting evidence to drop false claims or face dire consequences for their lies. They are also great avenues for collecting evidence of false allegations and highlighting the consequence of lying under oath.
In The Event That A Mother Wont Relent On False Claims
While an experienced fathers rights lawyer in California can be able to use documented evidence or deposition and discovery sessions to safeguard a father’s rights amidst false allegations, challenges are expected.
If the mother is relentless in denying a father their rights using false claims that aren’t being dropped, custody can be modified. Many child custody cases in California end up in settlements. Modification proceedings aim to find the best possible custody arrangement in the best interests of a child with the circumstances at hand.
A father can decide to settle for joint custody even in the midst of false allegations. A father can bring forth a disparaging and false claim to a family court’s attention to protect their children from the emotional abuse brought about by a parent consistently disparaging another. Family courts are harsh to parents who make false violence or child abuse allegations. In fact, such allegations can make a mother unfit for joint custody.
You need a seasoned father’s rights attorney in California to get you the best child custody case outcome amidst false claims of violence and/or abuse.
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When Are You Not Allowed to Request Modification of Your Child Support Order
California allows you to request modification of child support orders for a few specific reasons. However, there is often confusion over these allowable cases. That is why we’re going to outline when you are not allowed to request modification of your child support order.
You Quit Your Job
You are allowed to petition for the modification of a child support order because your income has been dramatically reduced. That is allowed whether you’ve been furloughed, reduced to part-time, laid off or injured and left living on worker’s compensation. However, the courts will not let you get the child support order reduced when you voluntarily quit your job. The courts will tell you to find another job and leave the existing support order unchanged in most cases.
The Modification Will Be Slight
Your ex can’t take you to court every year to get a cost of living increase based on your annual raise. This takes up valuable court time. That is why you can only ask for modifications to the child support order when there are significant changes. For example, you can ask for a modification if someone’s income has gone up or down at least 20 percent. You can also ask for a modification if there have been significant changes in the cost of raising the child. If the child has started private school, gotten braces or other expensive, regular expenses, you can ask for the child support order to be modified.
You can also ask for the child support order to be changed if you’ve gained or lost health insurance. Then you’re asking for your child support order to be reduced because you’re now paying that much or more for the child to be on your health insurance plan or asking for additional child support because your ex no longer has health insurance. But you can’t get the order modified because your health insurance premiums went up five percent last year.
You Don’t Want to Pay It
You can’t get out of child support because you don’t want to pay it. You often can’t get out of it if you have signed an affidavit of paternity and been acting as a father for several years.
The only time you can challenge a new child support order is challenging paternity and thus responsibility for the child. Note that you have a limited time frame for challenging paternity before the courts start garnishing your wages, so work with an attorney to get the necessary DNA tests and court paperwork done. This means you need legal help when your ex says they’re expecting and you’re not certain it is your or if someone you hardly know names you as the father so they can collect welfare.
You can ask to end child support when the child is no longer a dependent. For example, you can file to end child support for a 17 year old who dropped out of school or gotten married. You need to file a petition to end child support once they’re a legal adult, because the courts don’t stop child support because the kid hit 18. There may be a legal fight if the child is classified as special needs, since this can make child support permanent.
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The Differences between Alimony and Child Support
Alimony and child support are both court-ordered payments that end up going to your former partner. However, there are a number of differences between alimony and child support. We’ll cover a few of them here, though you should always take questions regarding your particular case to a good California family law expert.
Child support is money given to the other parent for the benefit of the children. This money should go to feed them, house them, and educate them. Child support payments do not automatically end when the child turns 18 or is otherwise independent. You have to file with the court to terminate it. Child support payments are not tax deductible on either your federal or California state tax return.
The government is very aggressive in collecting past due child support, because the government has a vested interest in ensuring children are taken care of without the parents relying on the welfare state. This is why California state tax refunds, federal income tax rebates and other cash windfalls are often automatically intercepted and applied to past due child support.
Claiming a child as a dependent can yield a number of tax breaks. The parent paying child support may be able to claim the child as a dependent, but the other parent might, as well. However, only one parent can claim the child as a dependent in a given tax year. Your Corona, California divorce attorney can spell this out in a divorce agreement or update the separation agreement to determine who gets the related tax credits in a given year.
Alimony used to be tax deductible on your federal tax return, if you were paying it. If you have a divorce or separation agreement in place before the end of 2018, it may still be, though modifications to the agreement can end that. When you pay alimony, you may be supporting that person,
Alimony generally has a time limit. It may be one year, ten years or until the other person reaches retirement. It is common for alimony to end when the spouse remarries, though this sometimes leads to the recipient living with someone without marrying them in order to maximize their income.
While the alimony recipient is called the dependent spouse, you cannot claim them as a dependent on your tax return. But they can claim the child as a dependent for tax purposes.
Family Support Orders
California blurs this to a degree by issuing family support orders that combine alimony and child support. It combines child support and alimony into a single payment. This simplifies bill payment for the payer.
Spousal support was considered tax deductible on both California and federal taxes by the payer prior to tax code changes that went into effect at the end of 2018. It still is on your California state taxes.
Failure to pay family support orders can result in you being held in contempt of court. This could even result in jail time. The state is more likely to attach a lien to identified assets and force them to be sold to pay the outstanding debt.
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Who Qualifies for Visitation?
In most cases, the only people with legal rights to the children are their biological parents. This is why visitation rights are overwhelmingly the purview of the non-custodial parent. However, visitation can involve other parties in special cases. So who qualifies for visitation? And how do they get visitation rights?
In most cases, the parents have one hundred percent of the rights to their children, and grandparents only have access to the children if the parents will it. That is why there are many grandparents cut out of their grandchildren’s lives. However, there are a few situations where grandparents can go to court to get an order for visitation. The first case is when the grandparent’s child, the child’s biological parent, is either dead or otherwise unavailable. The grandparents can petition for visitation rights if their adult child is dead, because it is likely that the child’s parent if living would have included them. If the child’s parent is in prison or disappeared, the grandparents can ask for visitation rights to continue the relationship that may have existed if the adult parent was around.
The other situation that can result in California family courts ordering visitation is when the grandparents have had custody of the children. Visitation and custody are based on what is in the best interest of the children. Let’s suppose a single mother spent a year in prison or a long stint in rehab, and her parents were given custody of the young child. When Mom gets out, she may get custody back. The grandparents could push for visitation to maintain the parental relationship they had with the children. The longer they had the children, the stronger their case.
For the sake of simplicity, we’re going to include same-sex partners who are not the biological parent of the child and didn’t adopt the child in this category in addition to heterosexual partners who didn’t adopt the child in question. Step-parents who were involved in the child’s life for an extended period of time can ask for visitation. The odds of the request being granted are proportional to how much time they actually spent with the child.
Note that you avoid this issue if you are able to adopt your partner’s child. If the other biological parent gives up their legal rights and you adopt the child, you have the same legal rights to visitation as the custodial, biological parent. The same is true if the second parent in a same-sex couple legally adopts their partner’s child, giving the child two legal parents.
The courts try to keep children with the parents in most cases. However, this isn’t always the case. The children may be given to the grandparents, aunts and uncles or even friends if the parents are found to be unfit. For example, an aunt may get custody of a baby born to two drug addicts until they are clean. In this case, the biological parents may get visitation of the child until they’re found fit to take custody. Once the biological parent or parents get custody, the former caregiver could press for visitation with the child. The longer they raise the child, the more likely it is for the request to be granted. Barring these cases where the person acted in loco parentis, relatives other than the parents will generally be denied their request for visitation. That is because it is considered to be interference in the parents’ rights to raise the children.
Siblings rights are far less clear than former caregivers. A sibling over 18 generally cannot go to court and force their parents or the younger sibling’s guardians to allow visitation. On the other hand, the foster care system has done a poor job of ensuring adequate visitation when siblings are separated by the system. Foster parents generally have an obligation to facilitate visitation between the children in their care, their parents, and their siblings.
An older sibling has a stronger legal case if the biological parent has died and the step-parent and surviving biological parent of their half-siblings has cut them out of their younger sibling’s lives. The odds that they are granted visitation depend on how long they’ve been in the siblings’ lives and the closeness of the relationship. A 30 year old who never met Dad’s second wife or the kids by his second marriage probably won’t be granted visitation rights when he dies and the second wife refuses to let them in the house.
Adoptive Parents and Foster Parents
Former foster parents do not have visitation rights with a child, even if they were hoping to adopt it. One interesting issue arises when a child has been adopted by foster parents. States like New Jersey have said that the foster parents must allow sibling visitation if the child had a relationship with those siblings, even though the former foster parents are now the legal parents of the child.
This is the inverse of the situation biological parents face during an open adoption. During an open adoption, the adoptive parents are the legal parents but can often visit the child, especially at first. However, the former legal parents of the children cannot go to court to get legal visitation the way they could if their children were in the foster care system. That is because the foster care system seeks to eventually reunite the child with the biological parents, so visitation is necessary to maintain that relationship. When you put the child up for adoption, the end goal is for the adoptive parents to be seen by the child as the parents and the biological parents to fade away into the background.
Non-relatives almost never have a right to visitation with the child. This is because the ability of non-relatives to interfere in the parental relationship is seen as a violation of the parent’s rights and the sanctity of the family unit. After all, how is it fair for nosy neighbors and former teachers to get to come by and check on the kid over the parents’ objections? The only possible exception to this is when a family friend has taken the child in as a foster parent and acted as a parent for an extended period of time. But the non-relative is far less likely to be granted visitation later relative to grandparents and other biological relatives.
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Terms and Conditions That Will Invalidate Your Premarital Agreement
A premarital agreement is a contract. Like all contracts, there are terms and conditions that can invalidate the agreement. Here are a few of the terms and conditions that will invalidate the premarital agreement whether in part or in full. Note that this is not an all-encompassing list, and you should always consult with a good attorney when drafting a prenup to avoid problems.
Child Support / Child Custody
California does not allow you to give up your rights to child support or child custody in a prenup, whether or not you already have children together. The divorce court uses certain formulas to determine child support levels, and that is based on your incomes and assets at the time of the divorce. Furthermore, child custody must be decided by the courts at the time of separation based on the family’s situation at that time. A Muslim woman cannot be forced to give up custody of children at the age of seven, and a woman cannot be forced to agree to be a stay at home mother or she’ll lose the kids if you divorce.
Note that alimony is not an issue. You can promise a higher level of alimony than the courts would order or promise to pay alimony to your ex in lieu of a greater share of the community property. This is different than promising to pay a higher level of child support in a prenup than the court would order. You already have the right to give the custodial parent more money than the state would mandate. But you cannot use a prenup to get out of child support, because that money is assigned to the child for their benefit. On the other hand, the courts have no problem with someone waiving alimony if they have similar education and assets.
You can use a premarital agreement to agree to pay for things that aren’t covered by the child support system. For example, you could agree to pay for a future child’s college education even if you get divorced.
Moral and Religious Standards
You cannot use a prenup to enforce moral and religious standards in your marriage. You can state that they will get less in the divorce if they’re guilty of adultery, but you cannot dictate things like their dress code or set curfews for a spouse. You can’t order them to live kosher or become vegan. And you cannot penalize them by giving them fewer assets if they decide to go carnivore or become atheist. You can’t get the courts to uphold a prenup if it alters the relationship duties in the marriage. If you ask them to pay for cutting you off sexually or not speaking to you for a month, the whole thing is null and void. If your partner has abandoned you, that is a basis for divorce but not additional penalties even if it is spelled out in the prenup.
This is in sharp contrast to trusts where you can make such rules as a condition of getting the money. For example, you could authorize a distribution of money to your heirs only if they are sending the children to a religious private school or require them to be following your faith. They are free to refuse these terms and conditions, and then they don’t get the money.
You can ask your future partner to agree on the upbringing of the child in the prenup, but that is not enforceable. However, it is a good idea to work these things out before you get married even if it is part of the process of drafting the prenup. Don’t try to dictate day to day living conditions in a prenup like saying they will get their hair done every Tuesday or he’ll cut the grass. This will get the premarital agreement thrown out. However, you could set financial limits if you both agree to them. For example, you could both agree not to spend more than $250 of joint funds on anything without the other’s permission.
Provisions that Promote Divorce
A prenup is not valid if it contains provisions that encourage divorce. For example, you cannot have a prenup that requires one party to pay the other money if they divorce. However, the bigger concern is any provision that rewards them with a large sum if they file for divorce after a given date. That is thought to increase the odds of divorce and thus invalid. The only possible exception to this is if someone gave up their rights to spousal support for a prior marriage by marrying the current partner. Agreeing to reimburse them for this loss in the prenup is typically allowed by the courts.
Penalty provisions that encourage them to inflict emotional or financial harm could be thrown out, too. You don’t need prenup contracts to forbid parental alienation. That’s already something that the divorce courts will penalize if it is found to occur.
California was the first state to recognize no-fault divorce. The courts will not uphold a prenup that tries to penalize a partner considered to be at-fault.
Any provisions in the prenup that adversely affect post-marital peace can be thrown out such as ordering them to go to psychiatric counseling if they initiate the divorce. Nor can you use a prenup to control them after the divorce such as prohibiting them from remarrying for a certain length of time. This is separate from using a prenup to dictate child visitation and decision making regarding the child’s upbringing, since the courts consider this to be their exclusive purview. And you can ask your future spouse to waive their inheritance rights to the person’s current assets so that their current separate property can go to their children by a prior relationship.
Giving Up Rights Protected by Federal Law
A future spouse cannot waive their right to an ERISA employee benefit plan. That is because federal law states only a current spouse can do this. You could follow up the prenup with a post-marital agreement that gives up these rights, but now you need to take additional care to make things fair.
Your partner cannot give up their rights to financial and property disclosures required in divorce. And the prenup will be invalid if you did not fully disclose your income and assets as part of the premarital agreement negotiation process.
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The City Of Norco, CA
Norco, California is a city that truly lives up to the hype and expectation that surrounds California living. It is a moderate sized town with just over 25,000 residents, and it is located in the sunny south of California. It has lots of admirable qualities to attract people to it. For instance, it has a distinct & western’ feeling with traditional rustic Californian architecture and scrumptious cuisine.
Norco is famous as one of the Equestrian capitols of the western United States. The local town authorities, as well as the local people and businesses of Norco have totally embraced this and have started to promote the town as a destination for horse enthusiasts. In marketing material, the town is commonly referred to as horsetown USA’. Indeed, this is one of the few communities in the United states where trails and horse paths are more ubiquitous than sidewalks. You will find many different corrals around the town, as well as multiple convenient public hitching points where you can tie up your horse.
This is one of the major attractions of the city. There are many large ranches in the area, and it is also home to a number of horse-related associations such as the Norco-Horseman association. The local NART organisation also serves as a rescue home and sheltered for horses that have been affected by deadly wildfires.
The annual Norco fair is a splendid, fun-filled affair. It includes events such as rodeos, pageants and other animal-based events. The equestrian theme also plays a central role in this community favourite that is held in the summer.
Norco is truly a wonderful place to live, whether you are a horse-lover or not. For people who are not as enamoured with all things equestrian, there are numerous public parks, amenities and bars and restaurants that you can enjoy in peace.
Get on I-15 S from Fifth St and Hamner Ave
4 min (1.3 mi)
Head west on Fifth St toward Aryana Aveune
Turn right onto Hamner Ave
Turn right onto Norco Dr/Sixth St
Turn right to merge onto I-15 S
Follow I-15 S to Cajalco Rd in Corona. Take exit 91 from I-15 S
8 min (8.4 mi)
Merge onto I-15 S
Keep left to stay on I-15 S
Keep left to stay on I-15 S
Take exit 91 toward Cajalco Rd
Follow Cajalco Rd and Temescal Canyon Rd to your destination
3 min (1.1 mi)
Turn left onto Cajalco Rd
Turn right onto Temescal Canyon Rd
Destination will be on the right
Check here some of the neighborhoods that we serve in Norco: