The marital standard of living is the lifestyle enjoyed by the parties during marriage. California law clearly and often designates “marital standard of living” as the standard to be used by the court in determining a payment amount for post-judgment spousal support. This includes a consideration of how often they dined at restaurants, where clothing purchases were made, the cost, size, and location of the marital residence. In addition, what type of school the children attend and the frequency and location of vacations are considered. Courts tend to use terms found in statutory text, such as “high” or “moderate” when prefacing the term “marital standards” in an effort to offer clarification.

While the law states that the marital standard of living is measured by the expenditures of both parties during a marriage, including any funds ‘expended’ for savings, the determination of such expenditures can prove to be exceedingly cost prohibitive and hampered by the absence of accurate records. Often, the court is in the position of determining the marital standard of living based only on summary information or testimony.

Where the supporting spouse has the ability to pay, spousal support will be set at a level that allows both parties to live at the marital standard of living. The paying spouse may begin to earn a greater income but will not have an obligation to share in that new success with the former spouse. However, if the paying spouse’s income is insufficient to maintain both at the marital standard of living upon divorce, but later increases his or her income, the paid spouse can request a modification.

The paid spouse can demonstrate to the court that now the supporting spouse has the ability to maintain both parties at the marital standard of living and therefore support award should be increased. When a spousal support award is based on the marital standard of living at the time it is made, the paid spouse is not entitled to benefit from the increased earnings of the paying spouse. Additionally, child support is not limited by the marital standard of living because children are entitled to share in the increased income of their parents post-separation.

If you have a question regarding Family Law in California please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in California. After you have spoken with our California Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.

Collecting unpaid child support is an on going problem for many former spouses. High unemployment and the national economic situation leads to more people than ever unable to meet their financial obligations including child support payments. There are a growing number of people who have exhausted their unemployment benefits and cannot find work. Bankruptcy does not offer relief for a former spouse who is behind in support payments. California and other states have implemented new ways to help encourage parents to stay current on child support obligations.

In order to cut down on the amount of unpaid child support California has enacted provisions that allow for interest and surcharges to be added to delinquent child support accounts. The employment prospects for many people is dim and, for someone who is unemployed, the probability of catching up on missed payment is very unlikely. Some have lost hope that they will ever be able to get caught up on their child support payments. The threat of jail time is almost like adding insult to injury for those who are facing that prospect.

California has a provision to charge interest on delinquent child support accounts. In addition, when a parent required to pay child support is 30 days or more delinquent, their name can be submitted by the Department of Child Support Services (DCSS) to the DMV for suspension of their drivers license. DMV sends a letter giving the parent 150 days to work with DCSS to pay their past due support. If payment isn’t made, the driver license suspension will take place. Unfortunately, the surcharge law made no distinction between someone who is financially able to make payments and doesn’t and someone who was unable to pay because of job loss or disability.

Parents in California have options available for collecting delinquent child support. California families may utilize services available through the California Department of Child Services. If your child is suffering from the effects of unpaid child support payments the Law Offices of Anat Resnik may be able to help.

If you have a question regarding Family Law in California please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in California. After you have spoken with our California Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.

The steps in your divorce are a relative few, but they can be highly complex and involved as well as emotionally charged. Making yourself aware of the process will make it easier for all involved.

Preparing to file for a divorce in a thorough manner will help decrease or even eliminate problems that may arise in the long term. You should familiarize yourself with the basics of divorce or separation so that you know whether you want to file for divorce, legal separation, or annulment. Online sources or consulting a family lawyer will help you determine if you want to file for divorce, or if the other options are best for you.

Don’t forget that after you start your case and file for divorce or separation papers this is just the beginning. You will have a series of procedures, steps and conferences to complete before your divorce is granted.

During the pre trial or pre-settlement phase of your case, both sides engage in what is referred to as “discovery.” Discovery is the required disclosure of documents or information by parties in a legal matter. The forms of discovery to use in a case depends on factors unique to each case. Decisions regarding the forms of discovery should be made in close consultation between you and your divorce lawyer.

Depositions offer the opportunity to ask questions to a witness or other party under oath. Depositions take place in an attorney’s office. They give you the opportunity to have the other party or witness placed under oath and questioned. They can be very useful toward the ultimate resolution of a case, either by settlement or through trial. Only the attorneys in the case, the witness, and a court reporter are required to be present. The parties, however, may also be present, if he or she so elects. The witness is asked questions under oath and the questions and answers are later transcribed.

Although a case may be settled earlier, settlement is often reached at a mandatory settlement conference. A mandatory settlement conference is usually held several weeks prior to your trial date. This date is set by the court for the parties and counsel to discuss settlement at the courthouse. If your case is not settled at this point, it will go to trial.

The steps in a divorce or legal separation court process can get very complicated, especially if you want to include support orders, child custody orders, and orders dividing your property. Seeking out an experienced family law attorney will insure that you get the best possible assistance.

If you have a question regarding Family Law in Los Angeles please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in Encino. After you have spoken with our Los Angeles Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.

When a major contributing factor in your decision to end your marriage is the belief that your spouse has a substance abuse problem, the decision to file for divorce can be very stressful. Knowing that the very structure of your family will fundamentally change and the decisions made will change your future can often cause fear, anger, and anxiety.

It is not enough for one of the partners to accuse the other of substance abuse. The law states: “Before considering these allegations, the court may first require independent corroboration, including, but not limited to written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services…” There must be persons or agencies that verify that there is a substance abuse problem.

In some cases, there may be a document which can easily corroborate the allegations; in others, it may be a bit more difficult. If it can otherwise be shown by a preponderance of the evidence that there is habitual or continual abuse of alcohol by a parent, a judge may order that parent to undergo testing for the use of alcohol. If such testing is ordered, it must be done by the least intrusive means. Further, the parent against whom the allegations are made (and thus who is ordered to submit to the test) has a right to a hearing to  challenge the results. A positive test cannot alone be the determinative factor in a custody and visitation ruling; the court is still required to balance all factors to determine the best interests of the children.

Frequently, a former spouse with substance abuse problems may have difficulty keeping up with child support payments. A spouse who has a substance abuse problem cannot work or may have problems keeping a job. This can affect his or her ability to pay child support and alimony. He or she may also present a danger to the children, especially if while under the influence the spouse becomes violent and a domestic violence situation arises.

If you think your spouse has a substance abuse problem, a family lawyer can help provide assistance and help you determine a course of action that will insure safe and secure future for you and your family.

If you have a question regarding Family Law in Southern California please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in Southern California. After you have spoken with our Southern California Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.