What Should You Avoid Doing During Custody Battle?

Going through a child custody battle can be the most difficult experience of a parent's life. To win, you must present your best case to the judge. Here are some of the most common mistakes made by parents when fighting for custody of their child. Do not have necessary heated confrontations with the other parent; Don't make derogatory remarks about the other parent in the presence of your child; Don't Coach your child to take your side; Don't Getting Arrested; Do Not Post online derogatory statements or comments about the other parent; Do not make dumb arguments in Family Court; Do not send your Ex inappropriate or threatening text messages, emails, or voice messages that invariably will be shown to the judge; Do not Use Illegal Drugs or substances; Don't deny Court ordered visitation or fail to pay child support per Court orders; Do not write a letter or call the judge; Do not show up at Court inappropriately; Do not buy an expensive item or take a trip when you are claiming you can't afford legal expenses or child support. Do not fail to show up for supervised visits without a good excuse & without calling Family Services & the other parent. Do not get the child involved with a new boyfriend or girlfriend, especially one with a criminal history. Do not leave the state without informing the other parent of where you are going & when you will be returning.

What Are The 3 Types Of Custody?

Child custody is probably the most emotional and important issue for parents facing divorce. Usually, several types of child custody are described in most standard law books: Physical Custody Legal Custody Temporary Custody

How Much Does A Lawyer Cost For Child Custody?

Lawyer fees can range from $80 to $400 or more per hour, based on the lawyer's level of experience, reputation, & track record of success in child custody matters. Some lawyers will ask for an initial payment, known as a retainer. Attorneys can charge for their services in a variety of ways. A simple hourly billing procedure is usual, which means you pay by the hour for any time the lawyer spends on your case. This means every phone conversation, email, meeting, & court appearance related to your case will increase your bill. Some attorneys charge a flat fee for child custody services. A straightforward and simple custody case would most likely have a lower flat charge than a complex or contested custody case. A typical flat fee can be between $1,000 and $5,000 or more. Finally, some attorneys bill on a retainer basis. A retainer is a fee paid to the lawyer in advance for managing your case. This retainer is used to pay the lawyer's expenses as the case progresses. If the case is completed swiftly, you may be refunded any leftover amounts in the retainer based on your agreement. If the retainer is depleted before the matter is resolved, you must make an additional payment.

Orange County Spousal Support Attorney

DON'T LET YOUR SPOUSE LEAVE YOU HIGH & DRY - THE TOP ORANGE COUNTY SPOUSAL SUPPORT ATTORNEY IS HERE FOR YOU!

Don't let your spouse leave you high and dry if they earn significantly more than you do! A top Orange County spousal support attorney is here to protect your rights if you feel that your spouse should be providing you with financial support as part of the divorce settlement. There is a shared obligation of support between spouses or registered domestic partners who are living together, as stated in California Evidence Code §4300.

Spousal support might be something you need to consider if you are facing a divorce and have been married for more than 10 years (if less, the court's ability to award spousal support is limited to the length of the marriage).

It's important to understand that the amount of spousal support you may receive depends on many factors set forth in Family Code §4320. There are 2 main types of spousal support – temporary and permanent, or spousal maintenance as it's called by some.

Are The Husband & Wife Entitled To Equitable Distribution?

Under California law, when a marriage ends and the two parties are no longer living together as husband and wife, they will be entitled to equitable distribution of their assets if there are adequate assets to meet each party's needs for maintenance. These assets will be genuinely divided in an equitable fashion.

The important thing is that both spouses get what they need out of this process and that it is done fairly. If you're having trouble getting your ex-spouse to agree on a support or settlement agreement, call our top Orange County spousal support lawyer today!

How Much Alimony Should I Get Or Pay?

A good way to figure out the amount of spousal support you should receive or pay is to take your ex's income and calculate an amount in proportion to your earnings and the duration of the marriage.

So if you've been married for 5 years & your ex makes more than you do, your ex may owe you some spousal support. There are many vital factors that affect the amount of spousal support one person will have to pay or receive.

The actual number of years you were married
Your current & future earning capacity
Your joint property interests
Whether there are children
Who actually needs help with their living expenses.

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Many other factors influence how much alimony someone may be required to pay or may be able to collect. There is no hard-&-fast rule on how much is owed in spousal support after a divorce. It truly depends on the couple's financial situation & how long they were married. But knowing the fact that you might be eligible for alimony payments can serve as leverage when negotiating a settlement or litigating issues in court.

How To Fight An Unfair Spousal Support Agreement

Unfair spousal support agreements can be difficult to enforce. There is a specific way to fight an unfair spousal support agreement in California. You will need to have what is called clear & convincing evidence that your ex-spouse has violated the terms of the agreement, which includes:

Your ex-spouse's violation must not be trivial or technical.
Your ex-spouse must have voluntarily agreed to the violation.
You cannot have caused the violation through willful neglect or fault.

When you want to modify your current spousal support order with these violations, it is crucial that you consult a qualified attorney who specializes in family law. A skilled lawyer will be able to tell if there are any valid grounds for filing for modification of your existing spousal support order.

To get what you truly deserve in the divorce settlement it's crucial to ensure that you're working with a seasoned Orange County spousal support attorney who understands the ins & outs of family law and isn't afraid to fight in court on your behalf. Our family law lawyers at Jos Family Law have over 55 years of combined experience assisting families with family law conflicts. Contact Jos Family Law today for a free initial consultation.

Frequently Asked Questions

In Orange County, spousal support is paid by the higher earning spouse to the lower earning spouse. The payments are meant to help the lower-earning spouse maintain the same standard of living they had while married.

Spousal support is determined by a judge & is based on factors such as the incomes of both parties(you & ex), the length of the marriage, and the standard of living during the marriage. It is important to remember that all couples are different & the amount of spousal support may vary depending on the case.

The length of time spousal support must be paid can depend on a variety of factors. Generally, it lasts until one of the spouses has remarried, but it can also be based on the length of the marriage or other court-mandated terms.

If a significant change in circumstances occurs, then the court may modify or terminate spousal support orders. Examples of these changes can include one party losing a job, obtaining a higher-paying job, or a major illness impacting the ability to pay.

Yes, if you are the one paying spousal support, you may be eligible for a deduction on your taxes. Nonetheless, it is important to speak with a tax professional about this, as there are specific requirements that must be met for the deduction to be approved.

If your spouse refuses to pay court-ordered spousal support, then you can file a motion for contempt against them. This will require your spouse to explain why they have not paid their obligation and could result in fines or jail time if they do not comply with the court's order.

Yes, spousal support is considered taxable income by the IRS and must be reported accordingly.

Due to the overwhelming demand for our services, we currently only accept family law clients in Orange County court.

Orange County Spousal Support Attorney

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DON'T LET YOUR SPOUSE LEAVE YOU HIGH & DRY - THE TOP ORANGE COUNTY SPOUSAL SUPPORT ATTORNEY IS HERE FOR YOU!

Are The Husband & Wife Entitled To Equitable Distribution?

How Much Alimony Should I Get Or Pay?

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How To Fight An Unfair Spousal Support Agreement

Frequently Asked Questions

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