Challoner Law 2025-08-07T19:18:18Z https://www.challonerlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104070/2024/10/cropped-Challoner-law-site-icon-32x32.png On Behalf of Challoner Law https://www.challonerlaw.com/?p=252811 2024-10-01T06:23:34Z 2020-02-12T04:47:59Z

pursuing this type of support, it may help to learn more about the factors that often affect eligibility. What will you get?  Each divorce and financial situation is different, and the amount of support you will receive depends on the specific details of your individual case. Some of the factors a court will consider when determining a spousal support amount include:

• Age and physical condition of both spouses
• Financial condition of both spouses
• Ability of one spouse to support the other
• How long the marriage lasted
• What the standard of living was while married

How long will payments last? If you are capable of working, the court may decide that you will get these payments for a limited amount of time and you will be required to make every effort to become self supporting.  This may mean you will need to go to school or prepare to reenter the workforce. In some cases, the court may determine that it is appropriate to grant the recipient permanent spousal support. Most of the time, these payments will stop if you remarry in the future. Determine your best future Some California couples are able to negotiate a reasonable agreement regarding spousal support payments. Whether it’s in settlement negotiations  or in the courtroom, you have the right to pursue a final outcome that allows you to have stability and security for the future. If you want to determine if you have a rightful claim to these benefits or how you can best obtain your best future, you may want to start by seeking a complete assessment of your case.]]> On Behalf of Challoner Law https://www.challonerlaw.com/?p=252791 2024-10-21T16:40:55Z 2019-11-18T04:14:43Z

Reasons to say yes There are a few reasons why changing up holiday custody plans may be appropriate. First, parental plans may change. Maybe it is your turn to have the children this year, but work or other obligations have made it impossible for you to get the time off you need. It happens, and it is okay to be flexible when it does as long as your ex is also willing to be flexible. Second, maybe your child is really struggling to adjust to your new family dynamic, and a temporary change would benefit them. That, too, happens, particularly the first holiday season during or following a divorce. You know your kids, and you know what is best for them. Reasons to say no If you allow your child to dictate when he or she will be with either parent, that gives him or her a lot of power. He or she will learn that the schedule can be adjusted whenever he or she wants. This may result in:

• One parent feeling alienated
• The inability to see if the ordered plan actually works
• Feelings of resentment

Custody schedules are in place for a reason. It is easier to move forward when there is some structure to parenting time. Compassion and understanding are important, but boundaries are important as well. Sometimes temporary changes are good and necessary, but sometimes it is better to set boundaries so everyone can adjust to the situation. Want an official custody change instead? If you are at a point where you think an official custody change is appropriate for your family, it is okay to file a custody adjustment request. You have to have a good reason for doing so, particularly if this is something with which your ex disagree. With assistance, you can go through all the motions in order to fight for a custody plan you believe is best, not just for the holidays but all year round.]]> On Behalf of Challoner Law https://www.challonerlaw.com/?p=252782 2024-10-01T06:23:43Z 2018-03-07T04:54:24Z

property division or designate certain assets for you or your spouse in the event of a divorce. If no such agreement exists, you may find yourself facing some complicated transactions, especially if you own investment properties. Going your separate ways Owning residential or commercial properties as an investment is becoming a popular way to supplement income and prepare for retirement. You and your spouse may have accepted the challenge and purchased multiple rentals to diversify your portfolio. Now that you are facing divorce, you may benefit from the following information about separating investment properties:

• If one of you owned the property individually prior to the marriage and kept its management, profits and expenses separate from your marital assets, that property may be exempt from division at settlement.
• If your spouse individually owned property, but you contributed to its management or maintenance, you may have a claim to it.
• Properties you purchased together or supported jointly are marital property under California law.
• To divide the properties, it will be necessary to have them appraised, including their current tenancies and income, for a fair comparison of their values.
• The function of your rental properties will be important to their division since properties purchased as investments for retirement may figure differently than those intended merely for income.

The simplest solution may be to sell all the jointly owned buildings and divide the profits, but you may be able to separate them fairly without selling. If either of you ends up with properties that still carry mortgages, you may have to refinance to remove joint ownership unless you have confidence that your spouse will continue to pay his or her share of the monthly payments. All of these options are time-consuming and may not be resolved even after the signing of your divorce decree. Another option is to continue as joint owners and managers of the properties, working as business partners. This is not always feasible, and you may know already that it would not work for you and your spouse. You will certainly benefit from the advice of an attorney who has experience and skill in complex property division.]]> On Behalf of Challoner Law https://www.challonerlaw.com/?p=252817 2024-10-01T06:23:47Z 2018-01-06T04:30:10Z

domestic violence. If incidents or allegations of domestic violence exist in a child custody case then a court must consider it under special rules and evaluate it as a domestic violence custody case. For example, a parent’s conviction on domestic violence charges in the five years before the custodial matter arrives in court can bar the convicted parent from gaining legal or physical custody of their child or children and can make the matter a domestic violence case. A court can convert a case into a domestic violence matter if it suspects domestic violence has been committed against the suspected abuser’s spouse or children. An abusive parent may receive visitation time with their kids but may have restrictions placed upon when and where that visitation occurs. An abusive parent may be granted custodial rights if they are able to meet several rehabilitative criteria, including but not limited to completion of a year-long batterer intervention program, compliance with restraining orders and has not committed any subsequent abuse against their family members. Individuals who have questions about child custody in domestic violence cases are encouraged to discuss their concerns with family law attorneys that they trust.]]> On Behalf of Challoner Law https://www.challonerlaw.com/?p=252801 2024-10-01T06:23:51Z 2017-12-29T04:14:43Z

child custody or visitation plan can be an important part of a parent maintaining their relationship with their child, and the holidays can be an effective time to review modifications that could facilitate improvements to families’ custodial needs.]]> On Behalf of Challoner Law https://www.challonerlaw.com/?p=252814 2024-10-01T06:23:56Z 2017-12-25T05:12:35Z

Divorce to-dos No matter what emotions you may have regarding the end of your marriage, the legal aspects of extricating yourself from a partnership may have you feeling a bit confused or frazzled. If you can take a step back from the emotional side of your divorce and, instead, address each part of the process in as calm and logical a manner as possible, you may find it easier to concentrate on practical matters. With the knowledgeable guidance of your attorney, you can if you concentrate on key issues, such as:

• Separating your finances
• Saving and budgeting for your new expenses, including the divorce
• Obtaining necessary documentation
• Securing your own health insurance and updating other insurance policies
• Determining child custody

Severing financial ties with your ex may be one of the most complicated steps, but it’s important to set up your own bank account and credit cards as soon as possible. While looking at finances, you’ll also want to begin saving for the expenses that every divorce brings, as well as many of the other costs of single living, such as separate rent payments and utilities. As you work on your new budget, consider making copies of financial paperwork, as all divorce proceedings involve extensive documentation. Obtaining your own health insurance is essential if your medical coverage was previously via your spouse’s policy. There are several options you can consider — including COBRA, though it’s rather expensive — and if you work full-time, you can discuss the process with your HR department. If children are involved, there are additional options for coverage, including low-cost medical insurance through the state of California. While reviewing these accounts and policies, you’ll also want to look over any life existing insurance policies and update them to designate beneficiaries other than your ex-spouse. Determining child custody Divorcing parents have an additional consideration, that of child custody. Whether you can work out custodial and visitation rights yourselves or whether you need to get your lawyers involved, you and your soon-to-be ex will need to decide, among other aspects, how and when your children will spend time with each of you, whether you’ll split parenting time fairly equally, or if you’d prefer one parent to have primary custody and the other to have a visitation schedule. Resources If you and your spouse are able to keep your divorce proceedings amicable and agree on most issues, an uncontested divorce is generally the least expensive, where a courtroom divorce trial is on the other end of the cost spectrum. Another possibility to consider is mediation, which utilizes a team of professionals to help you and your spouse reach agreements but is usually still less costly than contentious litigation. At the end of the day, though, you need to do what’s best for you — and, if applicable, your children — whether this means mediation, litigation or something else. If you’re having difficulty deciding which approach is right in your situation, there are resources in the Santa Rosa area who can offer counsel on how best to begin or insight on any issues you may find confusing. With professional support, if you follow the steps above, you’ll soon be on your way to a fresh start.]]> On Behalf of Challoner Law https://www.challonerlaw.com/?p=252779 2024-10-01T06:24:00Z 2017-12-24T04:54:53Z

Divorces can be contentious and when complications arise they can become drawn out, difficult legal affairs. While not all Santa Rosa residents may be familiar with the wealth enjoyed by the Stephenson’s, they may relate to the challenges that individuals can face when ending a marriage. In order to receive the help that many individuals need it can be helpful to those who wish to divorce to consult with family law attorneys that they trust. Source: chicagotribune.com, “Ex-wife of Cancer Treatment Centers founder appeals multimillion-dollar divorcer ruling,” Amanda Marrazzo, Dec. 14, 2017]]> On Behalf of Challoner Law https://www.challonerlaw.com/?p=252788 2024-10-21T17:10:58Z 2017-12-16T03:48:02Z

prior post on this Santa Rosa family law blog discussed factors that can contribute to a court’s establishment of an alimony order, and this post will build on that information by discussing the types of alimony awards that may be put into place after a couple’s divorce. It is important, though, that readers understand that their cases may proceed down different legal paths as all legal matters are distinct. Alimony may be paid in a single lump sum from one spouse to another, and once the lump sum is paid the obligation between the parties is terminated. It may also be paid for the duration of the recipient’s life, and this form of alimony is considered a permanent obligation that may endure even if the paying spouse passes away. Between lump sum and permanent alimony are other types of spousal support, such as rehabilitative and reimbursement alimony. These forms of support help a spouse get back on their feet after a divorce and may assist them in obtaining the training or education they need to reenter the workforce so that they can provide for themselves. Alimony can be short-term, long-term, rehabilitative, permanent and practically anything in between. In order to better understand if alimony may be a factor in their divorces, readers are reminded that consultation with family law attorneys may be helpful.]]> On Behalf of Challoner Law https://www.challonerlaw.com/?p=252821 2024-10-01T06:24:10Z 2017-12-09T04:14:43Z

number of child-rearing expenses and the remainder of this post will discuss some of the main categories into which child support funds may be applied. First, child support may be used to provide a child with their day-to-day needs. It may be used to buy food or pay for the rent of the residence when the child lives. It can be used to pay utility bills that heat the child’s home, keep their lights on and their water running. Child support can be used to buy a child clothing and shoes, pay their medical expenses as well as the fees that apply to their education. Also, child support may be used to pay for care of the child if the custodial parent works. If a child requires a babysitter or other form of supervision to ensure their safety while the custodial parent is at their job then child support may be used to cover those expenses. Finally, child support may be used to pay for a child’s entertainment and extracurricular interests. A parent may use child support to take the child on a trip, enroll them in music or sports lessons, or purchase them a holiday gift. As readers can see, there are many permissible uses of child support and this post is not inclusive to all possible uses. Readers with child support questions are asked to bring up their concerns with their family law attorneys.]]> On Behalf of Challoner Law https://www.challonerlaw.com/?p=252815 2024-10-01T06:24:15Z 2017-12-06T05:24:17Z

The science is in: 50/50 custody may be best New research that focused on preschool-aged children indicates that joint custody is less emotionally stressful than other custody options. The study involved 3,656 children of divorced parents, all of whom were aged three to five years old. Researchers found that, after a divorce, children who were able to alternate living with their parents exhibited fewer behavioral and psychological problems than their peers who were part of sole custody arrangements. The joint custody children spent approximately the same amount of time with each parent at their respective homes. Past research agrees Many of the previous studies on 50/50 custody focused on older children, mostly adolescents and school-aged kids. While these studies demonstrate that older children greatly benefit when their parents share physical custody, researchers did not believe that the results could translate to young children. Experts presumed that preschool-aged children would require higher levels of stability and continuity than older kids. However, this more recent study seems to suggest that children excel emotionally when they have ongoing and equal access to both of their parents after a divorce. Is joint physical custody right for you? Every family in California is unique, and what works for one family might not be right for another. It is important for divorcing parents to fully understand their children’s best interests and how to build child custody plans around those interests. However, you likely do not want to leave your custody arrangement up to chance. Family law can be complicated, and it is not always clear how decisions made during custody negotiations will affect the future. To better ensure that you fully protect your children and their parental access, it is a good idea to work with a lawyer who understands the complex nature of the matter.]]>