Modification of Spousal Support in California

After a final order for spousal support has been entered in California, it can only be modified after the following factors have been analyzed: (1) whether or not the paying party has the means to continue to pay spousal support, (2) the needs of each party based upon the marital standard of living, (3) the obligations and assets of the parties; and (4) the hardships that each party is facing. The analysis of these factors will determine whether spousal support will be increased or decreased. The burden is on the moving party to prove that a change in support is warranted in a request for modification of spousal support in Orange County.

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Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

Please note that this legal advice does not establish a family law attorney-client relationship.

Timely Appeals in Family Law Cases

Usually an appeal can only be filed when a final judgment has been entered in a case. Otherwise, one party would appeal at every stage of the divorce process, and there would be numerous appeals in a case. Numerous appeals would lengthen the time to obtain a divorce causing piecemeal litigation. It would also increase the cost of litigation substantially.

The requirement that a final judgment from a trial court be entered before an appeal can be filed renders all issues legally settled. As with many rules, there is an exception to the final judgment rule. When an order is made that is collateral to the main issue, then an appeal must be made immediately. Usually an order may be appealed in family court when an item has been divided and ordered to be distributed. In that situation it is collateral to the main issue which is the divorce of the parties.

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as spousal support or any other dissolution issue such as child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

Please note that this legal advice does not establish a family law attorney-client relationship.

Custody and Domestic Violence

There is a presumption that a person who has committed domestic violence against a child or a spouse in the past five years should be prohibited from having joint or sole legal custody or physical custody (California Family Code Section 3044). That presumption may be overcome by a preponderance of the evidence. The perpetrator must show that sole or joint physical or legal custody is in the best interest of the child. However, in a domestic violence situation, the court cannot use as a factor which parent is more likely to foster frequent and continuing contact with the other parent.

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as domestic violence and custody  or any other dissolution issue such as child support, spousal support, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

Please note that this legal advice does not establish a family law attorney-client relationship.

Modification of Spousal Support

Once a permanent order for spousal support has been set, it can only be modified upon a showing of a changed circumstance. A changed circumstance can be a decrease in either party’s earnings, an increase in either party’s earnings, or the passage of time in which the supported spouse should have become self-sufficient. It the moving party can prove any of these factors, then spousal support will be adjusted accordingly.

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as spousal support or any other dissolution issue such as child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

 

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

Please note that this legal advice does not establish a family law attorney-client relationship.

Sale of Community Property in a Divorce

In a divorce in California, a family law court will not order the sale of any community property or quasi-community property before the judgment is entered unless there is good cause for the sale of the asset. California Family Code Section 2108 allows the sale of an asset before judgment if there is an unreasonable market or investment risk to the community given the size, extent, and nature of the community estate. However, an order for the sale of property cannot be entered until the moving party has filed a declaration of disclosure.

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as the early order for a sale of property or any other dissolution issue such as child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

Please note that this legal advice does not establish a family law attorney-client relationship.

Declarations of Disclosure in Orange County

In a family law case both sides are required to fully disclose their assets and debts to the other side. California Family Code Sections 2100-2013 requires each spouse to provide the other spouse with a complete list of all assets and liabilities two times during the marriage. This list of assets and debts is referred to as a disclosure. In addition to completing the list of assets, each party must verify through a declaration of disclosure that the list was properly provided to the other party. The first set of disclosures is required at the outset of the dissolution process and is referred to as a preliminary declaration of disclosure. The second set of disclosures is required before trial and is referred to as the final declaration of disclosure.

If you need a divorce lawyer in the Orange County area to a family law matter such as disclosure of assets or any other dissolution issue such as child support, custody, spousal support, transmutation of property, or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

Please note that this legal advice does not establish a family law attorney-client relationship.

Transferring Custody Issues to A Different State

When California obtains jurisdiction over the issue of custody of minor children in a divorce, and one parent subsequently moves with the children to a different state, any further litigation about modification of custody must be heard in California. Under the Uniform Child Custody and Enforcement Act (UCCJEA), the state that first obtained jurisdiction must relinquish jurisdiction to the new state before the issue of custody can be heard in the new state. California Family Code Section requires the court to review eight factors to determine whether the new state would be a better forum to litigate the custody issue.

The eight factors the court must consider are the following: (1) Whether there was any domestic violence in the relationship. (2) How long the children have lived outside the state of California. (3) The distance between the two courts. (4) The financial cost to both parties in litigating in a different state. (5) Any written agreements as to which court has jurisdiction. (6) The location of witnesses and evidence. (7) The ability of each court to hear the case in an expedited manner. (8) How familiar the court is with the case.

The court will analyze those factors to determine which factors favor each jurisdiction. Based upon the court’s analysis, it will order either the relinquishment of jurisdiction and transfer the case to the new state, or it will continue to exercise jurisdiction over the issues.

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as spousal support or any other dissolution issue such as child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

T-LawLogo only
Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

Please note that this legal advice does not establish a family law attorney-client relationship.