An Overview of California Family Law Changes
California family law is constantly changing. While this is a brief overview of changes in family law that affect residents of Corona, California, understand that the law is constantly evolving. Consult with a family law attorney to understand how changes in family law affect your particular case.
The Uniform Parentage Act
In 2018, the state of California amended the Uniform Parentage Act. Some of the provisions took effect in 2019, while others took place in 2020. The amendments primarily affected voluntary declarations of paternity to address the gaps in legal coverage for LGBT couples that relied on assisted reproduction to create a child. The revisions removed the sex-specific references of “mother” and “father”. In this way, the wife of a lesbian who gave birth to a child could sign the forms that originally only applied to a husband agreeing to legal paternity of his wife’s child. Furthermore, the laws were changed to remove references to husband and wife. It now only refers to parents and partners, eliminating the presumption that the couple is legally married.
This ties into a change in section 3100 of the Family Code that allows visitation orders of nonparents with an interest in the welfare of the child. This includes same sex partners who are not legal parents and former step-parents who have a relationship with the child.
Judgement Spousal Support Factors
Section 4320 was amended in 2019 to address factors related to domestic violence. The biggest change was that no contest orders in criminal cases and permanent restraining orders can be used as evidence in determining whether or not the court should award spousal support. These changes require the court to consider all documented evidence of domestic violence when someone applies for spousal support.
Section 4325 allows trial courts to award one hundred percent of the community interest in a victim’s pension to be given to the injured spouse. This change will result in far more domestic violence claims and litigation. Unfortunately, domestic violence allegations are frequently misused with regard to control of children and the residence, so we can expect a spike in false accusations of abuse with the addition of increased financial incentives.
The new rules require courts to use documented evidence of domestic violence found in permanent restraining orders. However, the evidence used in these restraining orders is established by a preponderance of the evidence standard, not “beyond a reasonable doubt”. This makes resisting domestic violence applications essential for those who are innocent of the charges.
A related change to section 3100 requires courts to grant reasonable visitation when it is in the best interest of the child. This rule change makes it easier to refuse to grant visitation or unsupervised visits with a domestic abuser.
Child Support and Section 4058
The child support statutes used to refer to someone’s income. It now allows the court to consider the earning capacity of the parent in lieu of their income. This is in addition to what the child needs and how much time the parent spends with the children.
Section 3901 formally ends support obligations when the child turns 18 or 19 if they’re still a full time high school student. The regulations were amended to continue support if the child has a medical condition that excuses them from full time attendance of Corona high school.
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4 Reasons to Consult with a Divorce Attorney Other than Filing Divorce
The most common reason why someone consults with a Corona, California divorce attorney is because they’re going to file for divorce. However, that’s not the only reason why someone may consult with a divorce or family law specialist in Corona. Here are 4 reasons to consult with a divorce attorney other than filing for divorce.
Tax Law Changes
The Trump administration signed a tax law that changed the way alimony is treated. The old law meant that alimony was tax deductible to the payer and taxable income to the receiver. Now that’s no longer the case. If you can’t deduct alimony from your taxes, this leaves you with a higher tax bill. You may want to renegotiate your child support, the health benefits you provide to minor children or tax deductions to offset this loss.
Disputes may also arise when one party files claim the child as a dependent on their taxes when the other one was expecting to do so. This affects everything from the child tax credit to the ability to take advantage of the head of household filing status.
Child custody agreements can and should change as children age. You may want to shift from weekends visitation to a 50-50 split so that a son gets more time with Dad. Or you may want to adjust the child visitation schedule to better fit around school activities. Then visitation is mandatory Tuesday nights instead of Wednesday nights. In too many cases, a non-custodial parent needs to go to court to force the custodial parent to stop interfering in visitation.
Child support is money intended to support your child. It is quite likely that you need more money to support a growing child. Teenagers eat more. Their clothes and essentials often cost more than they did a few years ago. On the other hand, you may want to amend a child support agreement so that you pay less to offset the fact that the 13-year-old is no longer in daycare. You might have to change child support agreements to reflect changes in health insurance coverage, something worth several hundred dollars a month.
Another factor to consider is cost of living. Has the custodial parent moved to a cheaper part of the state? Can you argue that they don’t need as much money to put a roof over the child’s head? Has your income gone down substantially? It is better to request an adjustment in child support so you can afford to live somewhere than risk serious and even criminal penalties for failure to pay child support.
In a surprising number of cases, the kids are living full-time with the officially non-custodial parent but that parent is still forced to send money to the “custodial” parent. Or the teenager is living with other family members, while Dad has to send money to Mom.
California tends to combine child support and alimony into a single-family support payment. The system was based on the idea that the father worked and mothers didn’t. And around a third of mothers are still out of the workforce. If the other parent has returned to work or is earning much more money, you could argue that you shouldn’t pay as much in alimony and/or child support. If you’re paying for health insurance, sports and orthodontics, perhaps your alimony and child support payment should be likewise reduced.
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Factors That Affect Child Custody in California
Every divorce or separation is unique. However, the law seeks to create a predictable framework for decision making. The law spells out what factors can and cannot be used to determine child custody as well as their relative importance. Here are the biggest factors that affect child custody in California.
The Pre-Existing Relationship
California will examine the parental relationship with the child when determining who gets primary custody. For example, young children who are at home all the time with Mom are rarely ever given to Dad as a primary caregiver. This is considered to be against the best interests of the child. Furthermore, a father who rarely sees his kids is unlikely to be given 50-50 or better visitation, because the children have a stronger relationship with Mom. This is why you need to make sure that you don’t stop seeing your kids when you’re going through a separation.
Domestic Violence Allegations
The state of California has arguably swung too far when it comes to favoring those who make allegations of domestic violence. Say you’ve been abused and/or your ex abused the children, and they are shut out of their lives. The accuser then gets near total custody, prevents the other parent from visiting unsupervised, and can even get the accused to pay for counseling where the children are alienated from the other parent. There are financial incentives to lie about domestic abuse, too. It halts eviction proceedings. It can result in free legal aid in the legal battle, and such a finding means the accuser gets a larger share of the accused’s pension or more spousal support. This is why you must have expert legal representation when accused of child abuse or spousal abuse. That’s aside from the harm such allegations have on your reputation. It can hurt your career, too, if you’re a teacher, social worker or healthcare professional. Talk to a Corona, California family law attorney as soon as such allegations are made so that you can fight them.
The Best Interests of the Child
This is a wildly subjective concept, but there are a few concrete standards used to determine it. For example, the courts are supposed to consider the parent’s ability to care for the child. The courts also prefer arrangements that minimize disruption for the child. This means that living with your parents to provide additional supervision and a familiar environment is a plus, while living in a homeless shelter or hotel is a strike against you. Remaining in the neighborhood so your child can continue to attend the same school is a plus, while moving away from the other parent to the point it makes it hard to remain involved is a minus.
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How to Avoid Major Mistakes When It Comes to Child Support
The state of California requires parents to pay child support based on their cost of living, their income, and the child’s needs. How much time the parents spend with the child and any special needs are taken into account. Yet there is room for error at every step in this process. Here are a few tips on how to avoid major mistakes when it comes to child support.
Pay Child Support in a Traceable Manner
Don’t give your ex cash, unless you want to take the risk that they’ll claim they weren’t paid child support that month. Write a check instead. Or set up a bank transfer. Ensure that you can create independent, third-party and verifiable records proving you did pay child support. Anything less leaves you open to garnishments or penalties for failure to pay child support.
Research All Of Your Payment Options
Child support does not just have to come from the wages that you’re paid by your employer. For example, California allows a custodial parent to pay child support through a family trust fund. If you already receive money from a trust, you can have the beneficiary changed to the child and have the trust send the money to the other parent. In some cases, an inheritance can be used to pay for child support, though this requires approval of the courts.
Track the Extra Things You Pay For
You don’t have to track every ice cream cone and stuffed animal you buy for your kids. However, you may want to track what you buy for the kids while they’re with you as well as what you spend on them otherwise. If you can show that you’re spending extra money on food, clothes and other essentials, you may be able to demonstrate that the other parent isn’t spending enough of the money they receive on the kids. This could result in their child support payments being reduced based on the fact that you’re the one feeding them, or they may be forced to account for how they’re spending the money.
Track big expenditures like paying for dance lessons, summer camp and daycare bills. Make copies of receipts showing that you paid for orthodontics or private school tuition. Get proof that you paid for AP classes, college tuition or their new car. If you can demonstrate that you’re paying more than the court ordered in child support through these bills, your attorney can fight requests for additional money. After all, you can show you’re already paying more for your child’s wants and needs.
Pay Attention to Tax Deductions
Your divorce agreement should outline who will take the child tax credit and claim head of household in a given year. Many couples decide to alternate when they’ll each claim the child as a dependent and get the related tax breaks. However, the IRS doesn’t know or care. They’ll accept the tax returns and pay any tax rebates to the first parent to claim the appropriate tax credits. The second one to file is the most likely to get audited.
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Mediation Laws In CA For Child Custody
According to Family Code 3160, all county family courts must have a mediator for child custody issues. The reason behind this directive is to minimize acrimony and offer parents the opportunity to reach amicable solutions before subjecting themselves to difficult litigated hearings on parenting time and visitation.
This goal can be achieved through mediation. However, mediation can fail due to poor communication, mistrust, and concerns about the other party’s parenting.
According to Family Code 3170(a), mediation is needed in every case where there is an issue in setting or modifying parenting plans. Family court clerks are required to schedule mediation sessions that take place before hearings on child visitation and custody.
Rule 5.210 (California Rule of Court) contains critical rules on the child custody mediation process in California. Here’s a quick summary of the rules.
Rules on child custody mediation in California
- Mediators must be competent and impartial.
- The intake process must include screening for restraining orders and domestic abuse.
- Mediation isn’t confidential if the court has provided a notice and recommendation has been made.
- Mediators must offer detailed parenting plans based on a child’s best interests, and age.
- Mediators must maintain overriding concern for a child’s best interests.
- Mediators must maintain control over mediation sessions.
- Mediators have the right to interview children as per Fam. Code 3180
California Child Custody Mediation When Domestic Violence Is Involved
When domestic violence is involved, other resources shall be available to participants as per Fam Code 3710(b). California family courts don’t force parties with a domestic violence history to go through mediation. In fact, according to Fam Code 3181, mediators should separate parties if domestic violence is alleged under oath.
In most cases, the parties are separated in different rooms avoiding one-to-one contact. This is important for providing victims the comfort that they won’t be subjected to more abuse (psychological or mental abuse).
Fam Code 3044 has presumptions against parties found guilty of domestic abuse in relation to child custody i.e., awarding joint, sole, or legal child custody to such persons isn’t in the best interest of a child. This presumption applies only to permanent restraining orders, among other similar criminal matters.
Dealing With The Other Parent When Domestic Violence Has Occurrent Previously In The Past
The effects of domestic violence perpetrated upon a child and/or a parent can’t be understated. The mental, psychological, and physical impact of past domestic violence is unimaginable in a custody mediation process.
While courts must ensure mediation processes are fair, balanced, and controlled when domestic abuse has occurred, a mediator’s control may be limited. The importance of addressing issues arising from domestic violence professionally i.e., through counseling, can’t be overemphasized. Do you need a mediation lawyer in a child custody battle when there is a history of domestic violence? Absolutely! You need legal help from a professional (mediation lawyer) who understands the California Family Code and related laws to guide you accordingly. For instance, you can avoid mandatory mediation or face-to-face sessions with an abusive party simply because you have an attorney who understands the law.
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Common Mistakes That Jeopardize Fathers Rights in California
California Law gives equal rights to both parents. However, there are mistakes that a father can do that will negatively affect their custody battle. The two most common mistakes include;
Being too generous
While California Law has provisions such as California Code – Section 271 that can be used to punish fathers who use their financial might to raise litigation costs and make it impossible for mothers to get a fair chance, extending yourself financially doesn’t help either. Paying for court-ordered support as well as personal expenses that aren’t ordered by the court doesn’t help. A father can easily deplete their savings and get into debt for being too generous.
Spousal support is intended to maintain marital lifestyle depending on the duration of a marriage, among other factors. Paying more than what is ordered is simply upgrading status quo, which may hurt financially as well as stop a former spouse from seeking means to become self-supporting (getting a job).
Surrendering fathers’ rights
Many fathers in California are also guilty of surrendering their fathers’ rights on custody. Most fathers have the notion that they don’t have a chance when it comes to issues such as custody or parenting time, yet California has equal rights for mothers and fathers.
Surrendering father’s rights is a regrettable decision that usually haunts fathers in the future. A father’s rights are dependent on that father’s seriousness in enforcing them. California Law is unbiased in regards to gender issues in custody and divorce cases. In fact, judges who aren’t neutral can be challenged. You can ask for a hearing if you feel a decision was biased. Trial court judges in California don’t have the last say on custody issues. If they make mistakes as well as abuse their duty, you can pursue appellate rights.
Rectifying mistakes: California Fathers’ Rights Lawyer
You need an experienced fathers’ rights attorney to deal with the common issues discussed above. If you notice you have been overpaying or you relinquished some or all of your rights unknowingly, it’s not too late. The same applies to challenging court rulings.
Fathers who have dedicated adequate time to their children and have no history of child abuse, domestic violence, drug abuse, or any other activity that would force a court to issue unfavorable custody rulings should continue enjoying their rights.
However, the position a father takes and how a case is litigated matters a lot in how their rights are enforced. Fathers should focus on explaining their legal and factual positions in court in the most reasonable and logical manner. A seasoned father’s rights lawyer can demonstrate to a court why their client should be granted the time or custody they are pursuing.
Fathers should assume mothers have the upper hand in custody cases. They too, can enjoy primary custody with proper legal representation. While it may be difficult as a father to secure 50% custody of your young child if you work full-time but the mother doesn’t, and the child in question is not of school-going age, you can get equal custody if the mother starts working or your child gets older. Seasoned attorneys can seek modifications to parenting time successfully by showing how a proposal is in a child’s best interest.
Securing custody or visitation that maximizes quality time with children is a great step towards safeguarding fathers’ rights.
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The Similarities and Differences between Child Support and Spousal Support Orders
There are obvious similarities between child support and spousal support orders. Both start with a separation agreement and/or divorce decree. The biggest differences are who the money is for. Spousal support is for your ex-spouse and intended to ease the transition from one household to two. Child support is considered the child’s right and will last as long as they are dependent upon you, and that could be a decade or more. Let’s learn more about the similarities and differences between the two main types of support orders.
The Similarities Between Child Support and Spousal Support Orders
Both child support and spousal support orders are based on formulas spelled out in California’s family code. The support level is based on how much money each party earns and their expenses. Be expected to present budgets for your current living situation to justify the requested level of support.
Modification of child support or spousal support orders requires a petition along with documentation to justify it. The modified support order goes into effect when the judge approves it. If your income has been cut or you’ve lost your job, file for a modification immediately, because you are still legally responsible for any arrears. You can be held in contempt of court for falling behind on alimony or child support, though it is more common to fall behind on child support.
You are allowed to be more generous than the legal minimum. For example, you could pay more than the mandated spousal support level, though this might have been set in a prenup you had drafted before you got married. You can pay for additional expenses for your kids in order to maintain their quality of life.
The Differences between Child Support and Spousal Support Orders
California Family Code Section 3900 mandates child support for minor children regardless of the existence of a valid marriage. If a couple lives together outside of marriage and breaks up, the custodial parent can file for child support but cannot claim spousal support. There are rare exceptions, but that is really only possible if the couple have a non-marital agreement or cohabitation agreement.
Alimony and spousal support are tax deductible for the payer. Child support is not.
California Family Code Section 4050 has tiers for mandatory and discretionary add-on amounts. For example, you can be ordered to split uninsured health costs or childcare costs related to the other parent’s employment in addition to child support. These bills are generally split in half unless there is an agreement to divide costs in a different way. Spousal support rarely results in orders to pay unexpected expenses incurred by your ex. You’re rarely obligated to pay their surprise medical or dental bills once you’re divorced, though you may be asked to continue carrying them on your health insurance for a time.
Either party can ask for a modification of alimony or child support levels. For either type of financial support, the courts won’t grant the modification unless there is a significant change. The reasons include a major change in the cost of living and income changes of at least 20 percent.
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How California Determines How Much Alimony You Have to Pay
Child support is money paid on behalf of your children. This payment is calculated based on the discretionary income of both parents, their custody arrangement, and any unusual expenses required on behalf of the child.
Temporary Support Requests
Temporary support requests are those that are intended to last through the separation or a short time after the divorce as each party sets up their ow household. Each spouse is expected to list their incomes, their expenses, their assets and their debts. A temporary support calculator is used to determine how much will be paid by the higher earning partner. Note that California’s alimony / support rules are gender-neutral. If the higher earner is a woman, she may be required to pay alimony to her ex-husband. And this is in addition to child support.
Note that an award of temporary support does not mean the other person will be granted alimony long-term.
Long-Term Support Requests
California offers both rehabilitative and permanent spousal support. Rehabilitative support is paid for a period of time, during which the other person is expected to regain skills and rejoin the work force. They may or may not be able to spend several years as a stay at home parent, receiving alimony. On the other hand, if they return to the workforce while the children are young, your child support requirements may be increased to help pay for child care.
Permanent spousal support is relatively rare. It is generally limited to partners in long-term marriages who are too old or too disabled to work. That is because California takes each spouse’s earning capacity into account when determining how much alimony should be paid. The courts will not care as much about what they’re currently earning as what they could earn. For example, a stay-at-home parent with a bachelor’s degree will be considered capable of earning the standard wage for someone with that education unless other factors would prevent it. Consult with a Corona, California divorce attorney to determine how much alimony you may be required to pay and for how long, especially if you can provide a timeline for when the person can return to full employment.
Yet they may be able to demand compensation for their contributions to the other person’s business or education. If they worked while their spouse finished graduate school or paid for the other partner’s MBA out of separate (premarital) assets, they could demand additional compensation for that sacrifice.
Long-term alimony payments will be based on an equation that factors in their marital standard of living, their assets and their debts. If someone is given significant assets as part of the divorce, then alimony generally won’t be required.
Alimony will also depend on the marriage itself. If you were married and divorced within a year, don’t expect to get alimony. Alimony is generally restricted to marriages of several years or longer, with alimony increased for those who were married at least ten years. Alimony is set higher when there is a documented history of domestic violence, though this gives the other person an incentive to exaggerate or lie about domestic violence.
A Word about Child Support
Child support is separate from alimony. It is very common to be ordered to pay child support but not alimony. If you make family support payments (combined child support and alimony) to the other partner and stop when the children hit majority, the courts will consider that child support, not alimony. And that has major repercussions, if you were getting a tax deduction for alimony/family support.
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How Visitation and Child Support Are Related
Child support and visitation are interrelated, though it is not a direct one-to-one relationship. For example, you’re not going to get 50 dollars from your ex if you keep the kid an extra day over the long weekend. Let’s learn more about how visitation and child support are related to each other in the state of California and the factors that can affect each.
How Child Support Is Calculated
California uses a straightforward formula to calculate child support. It uses the following factors to determine who owes child support and how much they will be ordered to pay:
- Each parent’s pre-tax income
- The available income tax deductions parents may claim
- Mandatory deductions like health insurance, mandatory pension contributions and union dues
- The percentage of time the child spends with each parent
- Childcare costs
- The number of children
The total child support amount owed is found using the equation K (HN – (H%) (TN)).
The parents’ total income to be allocated for child support is called K in the equation. It includes income sources like your salary, bonuses, commissions, unemployment, taxable disability income and Social Security income. However, the wages earned by a new spouse are not going to be factored into the equation.
TN is the total combined net monthly disposable income of both parents. That number is found by taking their pretax income, subtracting mandatory deductions and taking income tax deductions into account. This is reflected in the online child support calculators asking whether you are filing as a single person or head of household. Your contributions to a 401K or IRA are voluntary, so that is considered to be coming out of your disposable income.
HN represents the “high net worth” parent’s income. In layman’s terms, that is the disposable income of the parent with the higher income. Note that this will be reduced by any alimony you’re paying to the parent as well as child support paid for other children. If you have additional children, you can use that fact to lower the amount of child support paid for your older children.
H% reflects the percentage of their time that the child spends with the higher earning parent. This percentage is based on the parenting plan, the type of custody, and visitation. If the parents have a 50-50 split under a shared custody agreement, then H% is 50. But the higher earning parent will likely end up paying some child support to the lower earning parent, if there is any significant difference between their disposable incomes. If the child has visitation every other weekend and several weeks during the summer adding up to 25 percent of the time, then H% is 25.
Child support add-ons are additional costs you may be ordered to pay as part of the child support. This is often the amount you need to pay for childcare so that your ex can work. It can include uninsured health expenses and school expenses. Children with special needs could require support more than what the formula orders, as well. These expenses may be split 50-50 or prorated per California Family Code 4061(b). Child support add-ons can include visits and travel expenses, too. More on that later.
There are a few adjustments the courts can use. For example, they can mandate an additional level of support when one parent is considered low-income. The additional money is intended to maintain a similar standard of living when the child is living with the poorer parent. On the other hand, the courts may reduce child support if the custodial parent isn’t contributing to the child’s needs at a rate similar to the amount of time they spend with the parent. The classic example would be Dad having to buy clothes and food for the kids because Mom isn’t taking care of them.
There are a few cases where child support may be much lower than what the equation mandates. California Family Code Section 4057(b) allows for the judge to lower the child support amount if it is far above what the child needs. A classic example would be someone with a million dollar net worth supporting a stay-at-home parent. It isn’t reasonable to order them to pay 100,000 dollars a year in child support.
However, child support is a much more predictable outcome than alimony / spousal support. Alimony / spousal support doesn’t use straightforward equations like this, and the criteria used are much more subjective.
How Visitation Affects Child Support
If the child has to take a bus or plane to visit the higher income earning parent, they’ll generally be forced to pay the travel costs in part or in full. You may need to take these travel costs into account to keep the total cost of visitation to a minimum. This is why kids tend to be sent to stay with the non-custodial parent a month at a time rather than one week on, one week off. Unfortunately, you won’t be reimbursed if you’re the one traveling to exercise your visitation rights.
Changes to the visitation schedule may justify changing the child support order itself. Non-custodial parents should welcome getting the children for an extra few days over the holidays or an extra week during the summer. It shouldn’t be a burden to pick the kids up from school and help them with homework in the evening. But kids eat and they need things. Keep track of how much time the kids are with you. If they’re spending 30 percent of their time with you rather than 20 percent, you could argue for a reduction in your child support order. Of course, this is only practical if you have documentation showing this is a trend over several months. You aren’t going to be able to go to court to get 100 to 200 dollars back because the kids stayed with you several extra days last year. And the benefits of such a request are wiped out by court filing fees. Don’t quibble over the little stuff, but take notes and act if and when it is worthwhile.
On the other hand, if you are being denied visitation rights, don’t ask to pay less in child support. Get a good California family law attorney and take them to court to get more time with your kids.
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The Top Reasons to Get a Prenuptial Agreement
About one in ten couples gets a prenup before they get married. There are many different reasons why people get prenuptial or premarital agreements. However, there are a few reasons that dominate the list, and we’ll share those here. We’ll also explain why you need a premarital agreement in these cases.
You’ve Been Married Before
The popular mantra is that half of all first marriages and sixty percent of second marriages end in divorce. That misconception is based on a misinterpretation of marriage and divorce rate data from the 1970s. Doctor Kalman Heller’s data found that the actual rate is 35 to 40 percent of first marriages and half of second marriages fail to last a lifetime for one of the partners. But even this revised data shows that second marriages experience a higher divorce rate, especially if you have children.
Prenups are advisable if you’ve been married before. It will simplify the divorce process, especially if you don’t have dependent children. A premarital agreement can be used to protect your children’s inheritance rights. For example, you can ask your new spouse to give up their rights to any equity in the home you’ll be living in together. Then they won’t force the sale of the house to get half of the home equity they earned by helping pay the house payment for a few years. You need to offset this by promising other property or giving up rights to their property. A prenup can also be used to protect inheritance rights for your children if you die. For example, they can give up their rights to your home or business if you die, though you need to offset this by awarding something else instead. Yet that could be done by giving up rights to their assets, as well. You need to work with a good attorney and estate planner to create a prenup and estate plan that work together as intended.
You Are Entering the Marriage on Financially Unequal Footing
Prenups are only valid if they are relatively fair. Fair includes full disclosure of your financial situation before the marriage, everyone having an opportunity to review the document with their own legal counsel, and a roughly equal division of assets if you separate. However, many couples come together despite having very different financial situations. Many business owners want to get a prenup so that they don’t lose it in a future divorce. And it is very common for people who have or may inherit significant wealth to get a prenup; asking a potential partner to sign the premarital agreement may even reveal that they’re marrying for the money. Note that your prenup is not valid if you hide your wealth from them, though you cannot guarantee that you’ll inherit a given amount of money from your parents.
Know that it doesn’t have to be a fairytale rags to riches situation. One person being debt free while the other has 250K in medical school debt would fall into this category. Once the couple marries, the debt may still be in the doctor or dentist’s name, but their joint income is being used to pay down the debt. Alternatively, you may opt for a prenup to avoid making things unfair. If one partner wants to be a stay-at-home parent, a prenup could protect them from having nothing while protecting key assets of the person growing the business. You could also draft a prenup to reimburse the person paying off the current student’s tuition or paying off their student loans upon marriage. Then they are reimbursed for what they did to help the other person instead of asked to divide the assets that remain while the other person has higher income potential due to their education level.
You’re Due for an Inheritance
You can argue in divorce court that an inheritance of money, property like land or a family business is separate property. But in a community property state like California, you may have to give up part of the equity in that asset, especially if you’ve been married for a long time. A premarital agreement where your future spouse gives up their claim to these assets will protect that asset. You can ask them to waive their claim on a family farm, family home, family business or other inherited assets. Work with a good attorney to structure the prenup so that they receive other, adequate compensation. Your prenup won’t stand up in court if you know you’ll inherit millions but your ex-spouse gets almost nothing.
You aren’t responsible for the inequity if you don’t know about it. For example, your ex will have a claim on any lottery winnings, but you can’t plan on that. But if you do know or suspect, you should talk about it and plan for it. Note that this is why there should be intergenerational discussions when you’re planning your estate.
If you don’t want your child’s future spouse to potentially get the family business or other assets in a divorce, you may want to use a trust. A trust may not prevent a future in-law from having a stake in the family business, but you could use it to distribute money for the benefit of existing children and future grandchildren. For example, you could put money in a trust to pay for everything from braces to college tuition. Or you could fund a trust that gives your heirs money once they reach an age at which you think they are mature. If they can’t access the money until they’re 30, the marriage of a 20-year-old that ends two years later won’t affect the trust.
You Don’t Want to Divide Your Home, Business or Stock Portfolio
A prenup can be used for de facto tax planning. Let’s suppose you bought a duplex or triplex with your own money before you got married. It is common in this situation to rent out the other units and use the money to pay the mortgage. If you get married, your new spouse will legally own half of the equity built up during the marriage. You could draft a prenup where they waive their stake in the rental property. You could offset this by promising generous alimony or giving them a greater share of other marital assets. Then you won’t have to sell the property to get the equity out or take out a home equity loan to pay them off.
A prenup can save you from California’s incredibly high capital gains taxes, too. For example, many people have stock options and investment portfolios. If you are divorced under California’s community property laws, they can claim half of the appreciation of these assets though you haven’t done anything but let them sit and grow. They could force you to sell the assets to pay them half, while you’re stuck with a massive tax bill. The solution is a good prenup.
Prenup Lawyer – Call Us To Discuss Your Pre-marital Affairs Now
The City Of Riverside In CA
Riverside is one of the primary urban centres of the famed ‘Inland Empire’, which is a connected metropolitan area located in the sunny south of California. It has a very distinctive architectural style that is inspired by a revival of Spanish colonial style. The public buildings such as the council offices, libraries and municipal centres have all preserved this Latin style, which blends in beautifully with some of the more modern residential and commercial spaces in the area.
Riverside is famous as the spiritual home of the citrus industry in California. Before the glamour of Hollywood or the growth of the tech giants, California was famous for its agricultural roots, and citrus fruits were one of its most import exports. To this day they have an important symbolic and tangible link to the state of California, and a lot of the biggest farms and employers are located in the Riverside area. This is helped by fertile soils and plentiful irrigation.
Riverside has a warm, Mediterranean style climate. Thankfully there are lots of open spaces and parks where you can sit out and enjoy the sun. If you really fancy a dip in the ocean, then Riverside is about a 50-mile drive to some of the most picturesque beaches in Southern California.
Climate isn’t the only thing Riverside has going for it. It is also a lively university town which is home to the University of California, Riverside, which contains lots of sports and social facilities. There are also ample convention centre facilities, for hosting large events, and there are three local hospitals servicing the area. The area is part of the ‘smog belt’, but in recent years the municipal authorities have taken big strides to try and improve the air quality for the local populace, by encouraging the use of electric vehicles and converting the city’s fleet of buses to run on natural gas!
Get on CA-91 W from Tenth St
3 min (0.5 mi)
Turn left toward Tenth St
Turn left onto Tenth St
Use the right lane to take the ramp onto CA-91 W
Follow CA-91 W and I-15 S to Cajalco Rd in Corona. Take exit 91 from I-15 S
17 min (17.4 mi)
Merge onto CA-91 W
Pass by AutoZone Auto Parts (on the left in 3.3 mi)
Use the right 2 lanes to take exit 51 to merge onto I-15 S toward San Diego
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 Riverside: