Types of Alimony in California

One of the most difficult issues to settle during a divorce is determining whether alimony—also known as spousal support payments—should be made, how long they should last, and how much they should amount to. After obtaining information about your marriage, your lawyer and the court will determine a fair amount for alimony.

When you complete forms pertaining to your marital situation, assets, property, debts, children, and income, that information will be used to decide whether alimony should be ordered and which type is best for your situation.

Different Types of Alimony in California

There are many different types of alimony in California, and which type will be ordered in your case—if at all—will depend on the specifics of your marriage.

For example, if you were married for a very short time, the court might only award you rehabilitative alimony, which allows you time to find a job and support yourself. At that point, the alimony would be discontinued.

Other situations might require permanent alimony. For example, if a couple had been married for thirty years, and one of the spouses never worked because he or she was a stay-at-home parent and homemaker, the court might order that alimony be paid to her for life.

Every case is unique as every marriage and financial situation is unique. Your lawyer can go over alimony in more detail, but below you’ll find some information on each type of alimony in California:

• Temporary Alimony – This alimony type is paid from one spouse to the other during the time period in which they have filed for divorce, but it has yet to be finalized.
• Rehabilitative Alimony – This alimony type is paid to one spouse until he or she has found a job and is able to be self-supportive.
• Permanent Alimony – Permanent alimony is paid from one spouse to the other until one spouse dies, or the payee spouse is remarried.
• Reimbursement Alimony – This type of alimony is intended to reimburse a spouse that paid for something of great value right before the marriage ended. For example, a wife paid for her husband’s tuition while he received a degree, and then he divorced her after graduation.

The court can order him to reimburse her for the tuition. The longer the marriage lasted following the spouse receiving that degree, the less likely the court will order reimbursement to be issued.

• Lump-Sum Alimony – This alimony can be ordered in lieu of a property settlement or monthly spousal support payments.

Consult a California Alimony Lawyer

Going through a divorce can be difficult, emotionally and logistically. If you’re struggling to get the fair spousal support payments you deserve, an experienced alimony attorney in California can be invaluable.

To reach an alimony lawyer, contact the Law Office of Laurence J. Brock via the online form below. You can also call the office directly by dialing 909-466-7661.

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Three Ways a Lawyer Can Help with a Child Custody Agreement

Child custody is a difficult situation to work out. Even a fifty-fifty split isn’t always in the best interest of a child, and figuring out an agreement that will work for both parties, and especially for the child, is no small task.

As you may know, attempting to work out a custody arrangement between two people who are likely harboring some animosity toward one another is an extremely difficult undertaking that borders on the impossible.

Fortunately, you don’t have to try to work out a child custody arrangement on your own. A lawyer can be a great asset for many different reasons, including providing a wealth of knowledge and experience of family law and child custody matters.

Below, see three important ways that a lawyer can help you reach a child custody agreement.

A Lawyer Sees Things That You Don’t

For starters, lawyers have a library full of knowledge and experience relating to family law matters in their heads that can be useful for you. Because your attorney has handled so many family cases, they will see things that you don’t see, including out-of-the-box custody arrangements you haven’t thought of.

Perhaps you can only think of a few different types of arrangements that will work for you, but there may be many more that you can’t imagine. Ask your lawyer for ideas.

A Lawyer… Knows the Laws

One reason handling child custody matters on your own is so difficult is that you probably don’t know the California laws related to custody. That means you’ll have to spend countless hours trying to learn or brush up on laws, procedures, and other court requirements. Even after all that work, you may still be worried that you’ve missed or misunderstood something.

Your child custody lawyer can eliminate the need to spend all that time researching because they already know the rules and laws. Your lawyer will be able to give you a straight answer right away as to what to do, what paperwork to complete, and what will work and what won’t with regard to child custody arrangements.

A Lawyer Can Give You Peace of Mind

Working out child custody on your own can drive you crazy. Even if you think you’ve come up with a good arrangement, how can you be sure you’re doing everything possible to put your child first? A lawyer provides a calming influence and can really help you to avoid the second-guessing.

Your lawyer will be able to assure you that everything that can be done has been done, so that you don’t continue driving yourself crazy worrying if there’s something else you need to do or something you’ve overlooked in regards to your case.

Work with a Child Custody Lawyer in California

Working out child custody will never be easy, but if you’re looking to ensure that you get the best case outcome possible, then you will want to work with a lawyer. A lawyer will benefit you in more than three ways, certainly, and will make the entire process simpler and less stressful for you.

Contact The Law Office of Laurence J. Brock to speak with an attorney today. Our office can be reached by dialing 909-466-7661 or by completing the contact form located below.

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Does Length of Marriage Affect a Divorce Outcome?

When you’ve decided it’s time to get a divorce, there are so many things that you must then deal with. You will have to separate your lives entirely, and that can be very difficult. If you have children, you must also deal with child custody and child support issues.

In all the craziness, one of the many questions you may not have time to answer will be whether the length of your marriage will affect your divorce outcome. The simple answer is yes, it can, but it’s complicated. Let’s go into a few areas that may be affected by how long your marriage lasted.

Factors California Courts Consider When Deciding Alimony

First, there’s the issue of alimony. If you were only married for six months, it’s doubtful that you will have to pay a lot to an ex in the way of alimony or that a spouse would have to pay a lot to you. Anything is possible, but the court will consider how long the marriage lasted when deciding how much and for how long alimony must be paid.

Now, consider a marriage that lasted for thirty years. Let’s go even further and say that one of you didn’t work during the marriage to stay home and care for the children.

A judge is definitely going to consider these factors when deciding spousal support. In this way, the length of a marriage will definitely impact your divorce in California.

Division of Assets and Debts

This is another major area where the court will care about the length of your marriage. If a couple divorces very quickly, they won’t have had much time to accumulate “community property.” It’s very likely a court will allow each party to take what he or she brought into the marriage and part ways.

When a marriage is long-lasting, it becomes extremely difficult to separate assets and debts. Even if both parties brought property or financial assets into the marriage, they’ve likely become mixed together to the point that it would be almost impossible to separate them.

At that point, the court may take the tactic of dividing all community property in the fairest way possible, making an even split, regardless of what each spouse brought into the marriage.

Get in Touch with a Rancho Cucamonga Divorce Lawyer

Divorce is one of the most emotionally difficult situations a person can go through, and there’s not a whole lot you can do to make it less traumatic. One of the only things you can do to make the process go a little more smoothly is work with a qualified and experienced divorce lawyer. Going it alone may not serve your best interests.

Your lawyer can walk you through every divorce procedure and will help you understand all the goings-on. It is possible to get through this process and come out with the best-case scenario for your situation. Contact the Law Office of Laurence J. Brock for an initial consultation. Dial 909-466-7661 or fill out the online case information form below.

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Common Reasons People Divorce

People divorce for various reasons, and it may not be anyone’s fault. Sometimes, major life events can lead to divorce. It could be that your goals and interests aren’t aligned. Or it could be that your spouse did something that you can’t forgive.

There are several common reasons people get divorced. Let’s take a look at a few of them.

Different Love Languages

Some people express intimacy in different ways, and it may be that, over time, you find your needs aren’t being met by the way your spouse expresses love and intimacy. Some people are more touchy-feely than others.

A marriage can fail if a couple can’t find ways to connect that work for both parties.

Issues with Finances

Unfortunately, one of the biggest stressors in life is money. Even though they may not be either spouse’s fault, financial issues can lead to a lot of conflict in a marriage.

Some people can learn to resolve these financial issues by communicating financial goals and expectations and committing to agreements about spending and saving. If the couple is unable to resolve financial conflicts, the marriage can quickly sour.

Communication Problems

All couples have disagreements, and no two people can live in close proximity without arguing on occasion. However, how you communicate and attempt to resolve conflict can determine the length of your marriage.

Couples who learn how to communicate their needs and problems and try to work together to find solutions can make their marriage succeed.

Major Differences in Beliefs or Goals

Sometimes, it’s no one’s fault when a marriage ends. It’s possible to grow apart or have belief systems that aren’t aligned. Career and life goals can also cause conflict in an otherwise successful marriage.

For example, if you decide that it’s your life goal to live in Europe, but your spouse has a debilitating fear of flying, your goals are likely at odds. Conflicts like this can be difficult to overcome.

When two people’s family, career, and life goals aren’t in sync, the marriage could dissolve—unless one party makes huge sacrifices for the other, which may not be fair to that person anyway.

Becoming Lost in Family Life and Forgetting Each Other

A common reason couples get divorced is the slow development of a disconnect in what was once a strong relationship.

Especially in a marriage with children, spouses can forget to care for each other because they’re so busy caring for the children or the family as a whole. This can lead to loneliness or a lack of intimacy. And these issues can easily end in divorce.

Reach Out to a Rancho Cucamonga Divorce Lawyer

When you’ve decided that divorce is the right decision for you and your family, it may be time to get legal help. Whatever the reason your marriage isn’t working, it’s now time to put your needs and those of your children first.

To reach a family law attorney with the Law Office of Laurence J. Brock, give us a call at 909-466-7661 or fill out the online contact form below.

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Applying for Child Guardianship in California

If the parents of a child die or are otherwise incapable of caring for their child, they may want to appoint a guardian, or you may decide to apply for guardianship of the child yourself—regardless of the parents’ wishes.

A guardian is any person who takes legal responsibility for the care of a child who is not their own. Even if you’re related to the child, you would still be considered a guardian as long as you’re not the child’s parent.

Why You Might Decide to Apply for Guardianship

Here’s an example of when someone may want to apply for guardianship: If the child’s parents are sent to jail for criminal behavior, you could apply for guardianship over the child until the parents are released. It could be because you don’t want the child to be in foster care or because you believe you would be the best person to raise the child.

Here are a few other instances when someone would want to apply to be a child’s guardian:

• The parents are deceased.
• The parents have abandoned the child.
• The parents are in jail or a mental health facility.
• The parents are severely and permanently disabled.
• The parents are otherwise unfit to raise the child.

In some cases, you may not need an attorney to apply for guardianship, but in most cases, it’s advisable to contact one. That’s because the court may want you to present evidence that you can care for the child and that giving you guardianship would be in the child’s best interest.

In other cases, more than one person may want guardianship over the child. If the parents haven’t left instructions as to who they want to look after their child, or if their wishes don’t seem to be aligned with the child’s needs, the court will have to determine who would be best able to care for the child.

How Does the Court Determine Whether a Guardian Should Be Appointed?

The court will consider many factors when coming to this determination, such as the following:

• The guardian’s financial means to care for the child
• The guardian’s ability to care for the child
• Any history of criminal behavior, violence, or substance abuse issues
• The child’s preference (in some situations)
• The relationship between the potential guardian and the child
• Many other factors

Guardianship Paperwork and Going to Court

Obtaining guardianship over a child is a long and difficult process. You will need to complete many forms, and you will need to give notice to other relatives. If you make any mistakes in this process, you run the risk of having your petition for guardianship denied.

For this reason, it’s helpful to have a lawyer walk you through the entire process. Your attorney can also represent you during court hearings. It’s in the child’s best interest to have guardianship settled as quickly and smoothly as possible. Stability is extremely important to children’s wellbeing.

Get in Touch with a Rancho Cucamonga Family Lawyer

You want what’s best for the child, and a family attorney can help you get it. Contact the Law Office of Laurence J. Brock to discuss filing for guardianship. You can talk things out with us under no pressure and no obligation to hire us. To schedule your consultation, call 909-466-7661 or complete the contact form at the bottom of the page.

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What Can Child Support in California Be Used For?

The purpose of child support is to provide for all the costs associated with raising a child in an appropriate manner. Kids aren’t cheap. They need the basic necessities of a safe home environment and physical care, of course, but there are many other costs of raising them.

Child support payments are usually provided to the parent the child spends the most time with. Both parents are considered responsible for financially supporting their child, but when one parent lives with the child more than the other, that parent may have the burden of providing more financial support for the child’s happiness and wellbeing.

Child support payments are meant to offset an unequal financial balance between the parents. But what exactly can child support payments be used for in California?

What Can You Use Child Support Payments For?

Ideally, all child support payments would go directly toward the care and support of the child and would not be used for any other reason. Here’s a look at what child support payments are meant to pay for:

• The Cost of School – School costs vary, but even with public schools, there are expenses, such as school supplies, field trips, school activities, and special events.
• Extracurricular Activities – Out-of-school activities are good for the wellbeing and health of children, but they nearly always have fees associated with them.
• Entertainment Activities – Basic entertainment costs are considered a part of raising a child, and although they’re not technically a necessity, the courts still deem entertainment important to a child’s wellbeing.
• Clothing – One of the more expensive costs of raising children is providing clothing for them because they constantly grow out of their clothes.
• Food – Child support can be used to purchase school lunches and groceries for the child.
• Shelter – Rent or mortgage payments can be made using child support.
• Utilities – Electricity, water, sewage, gas, and all other utilities can be paid using money from child support payments.
• Medical Care – All medical expenses for the child, including co-pays, medications, hospital bills, and more, can be paid with child support.
• Transportation Costs – Any costs associated with transporting the child, such as gas and vehicle maintenance, can be paid with child support funds.
• Child Care – The cost of caregiving services for the child while the parents are working can be paid via child support.
• College – Child support usually ends when the child is eighteen, but some college expenses can be paid for prior to the child’s eighteenth birthday.

Call a Child Support Lawyer in Rancho Cucamonga

If you have more questions about what child support in California can be used for, or if you would like to modify an existing child support agreement, speak with an attorney at our office. Your attorney will fight to protect your rights and to make certain that the child support agreement is fair for both parties.

To speak with an attorney from the Law Office of Laurence J. Brock, call 909-466-7661. You can also complete the contact form on this page. We will discuss your child support case with you during an initial consultation.

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Custody Mediation with a Narcissist

Custody issues can get nasty under the best of circumstances, but when you’re dealing with a parent who has narcissistic personality disorder (NPD), the situation is likely to become a battlefield—with your children on the front lines.

What Is Narcissistic Personality Disorder?

People diagnosed with NPD are obsessed with themselves, just like the Greek god Narcissus, who fell in love with his own reflection. That’s where the term came from.

Parents who have narcissistic tendencies believe the world revolves around them. They care only for themselves, their status, and how others perceive them. They lack empathy for others—even their own children—and they will use anyone around them for their personal gain.

Narcissistic Parents Can Traumatize Children

What are the two things children want most in the world? Their parents’ love and attention.

When one parent has time only for number one, the children suffer. They spend their time trying to gain that parent’s attention and approval, having no idea that they could never truly please the parent.

You would think that someone who’s that worried about his or her own magnificence wouldn’t have time to battle for child custody, but think again. Those with narcissistic personality disorder often see their children as an extension of themselves, rather than as individuals, and they may fight ferociously to keep them.

Part of the reason they do this is because they hate losing, even though they care little, if at all, for their children’s true happiness. They aren’t likely to give up their children without a fight, so get ready. Harder still is the fact that people with NPD can mask their behaviors, putting on a front as the perfect parent.

They think of divorce as a game or a challenge they’re determined to win because they’re better than you. It probably sounds hopeless. How can you possibly come to an agreement on custody issues in mediation with someone like that? But don’t give up yet.

How to Reach a Custody Agreement with a Narcissist

This will be very difficult, but it is possible. Here are a few tips that may help you reach a custody agreement during mediation, rather than taking the case to court:

• Contact a good lawyer familiar with narcissistic behavior.
• Limit contact with your ex as much as possible, ideally only communicating during the mediation process. Those with NPD may want to agitate you to force you to make mistakes.
• Avoid playing the game, if at all possible.
• Remain as calm as you can. The only way to win against a narcissist is to take away the control he or she has over you.
• Document everything. Sometimes, the only proof you have of a narcissist’s behavior is your word against his or hers, so you’ll need to have hard evidence to back up what you’re saying.

A Custody Mediation Attorney Can Help

Unfortunately, even when you’ve done everything possible to reach a reasonable custody agreement with a narcissist, he or she can decide it would be better to burn everything down than let you “win.” That’s when a family law attorney from the Law Office of Laurence J. Brock can help you take your custody case to court.  

Contact us to schedule a free consultation and discuss your case. Fill out the form below or call 909-466-7661.

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How to Prepare for a Consultation with a Family Law Attorney

Whether you’re considering filing for a divorce or you’ve already begun the process, a family lawyer can help you in many ways. We can protect your rights, give you advice on the entire divorce process, and represent you in court.

When preparing for your initial consultation, you may be wondering what to bring with you. When it comes to a consultation with a family lawyer, the more information, the better. Your attorney will be better able to advise you on your case if he or she has all the pertinent information regarding your case.

The Basics

Your family attorney will need the following basic pieces of information in your initial consultation:

• Details about you
• Information on your spouse, including where he or she works
• Important aspects of your relationship, including details about the personalities and behaviors of you and your spouse
• Information on any domestic violence, substance abuse, or mental health issues pertinent to your case
• Whether there are children involved

Some Documents to Bring with You

If possible, go ahead and bring in some of the paperwork you will need to complete for your divorce anyway, such as the Schedule of Assets and Debts form and the Income and Expense Declaration form. Complete these forms as fully and accurately as possible. You can also bring in financial information, such as:

• Pay stubs
• Assets
• Tax returns
• Self-employment documents
• Bank statements
• Prenuptial agreements

Have Your Questions Ready

It’s easy to get sidetracked during a conversation and forget to ask the questions that are most important to you. If you have a list with you, you’ll be able to verify that all your questions have been answered. Write them down now. Here’s an idea of what you should ask your attorney during the consultation:

• How long will it take to resolve my case?
• Should I consider mediation?
• Based on what you know about my case, how do you think a judge will rule?
• How much do your services cost?
• How long have you practiced family law?
• How long do you take to return phone calls?

Come Ready to Share All the Info

Not every divorce is brought about because one spouse was being horrible to the other. Sometimes, couples just go their separate ways. However, in some divorces, one spouse’s behavior could significantly affect the divorce process, alimony, and child custody issues.

For example, if domestic violence was involved and you have proof, you should bring your evidence to the initial consultation. Other types of information that could help your case are listed below:

• Evidence of family violence
• Evidence of substance abuse or mental health issues
• Proof your spouse was trying to hide financial information from you
• Criminal history information
• Evidence a spouse was cheating
• Proof that a spouse is an unfit parent

Schedule a Consultation with a Family Lawyer

You’re now prepared to discuss your family law case with an attorney. Set up your free, confidential case discussion with a family lawyer at the Law Office of Laurence J. Brock. Call us at 909-466-7661 or fill out the online contact form at the bottom of the page to get started.

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Is There a Connection Between Profession and Divorce?

Most of us will admit that our employment can play a role in our personal lives. For instance, if you work a very demanding job that often takes priority over time spent with your spouse, consequences are likely. We would all like to have a good work-life balance, but some professions just don’t allow for that.

Certain professions are notorious for causing trouble at home. Example: If your dream is to be a doctor and your work requires odd hours or overtime, your profession could indirectly lead to divorce. Studies have demonstrated a link between the work you do and an increased likelihood of divorce.

Which Jobs Are More Likely to Lead to Divorce?

Just because your profession is linked to a higher rate of divorce doesn’t mean you and your spouse will be calling it quits. Many couples have creative ways of making their relationships work, despite any added strain their employment may put on them.

To give you an idea, some couples understand that, if one spouse’s employment means less time spent together, they can bond by making the time they do have together really count. Other couples are more adept at working through any issues they may have, whether the issues are related to employment or not.

Recently, a career-focused website analyzed U.S. Census Bureau data and found that the following jobs and industries had the highest rates of divorce:

• Military workers
• Auto service technicians and mechanics
• Chemical technicians
• Food preparation and service workers
• Nonfarm animal caretakers
• Library assistants and clerical workers
• Engineering technicians
• Other technicians
• Medical assistants
• Carpenters
• Administrative service managers
• Probation officers and correctional treatment specialists
• Tax examiners, collectors, and revenue agents

How Your Job Can Affect Your Personal Life

Some jobs can require one spouse to work odd hours or more than forty hours a week, but that’s not the only way your profession can place strain on your relationship.

Your chosen career can lead to one or more of the following issues, increasing the chances of divorce:

• High-stress jobs can cause the worker to bring that stress home, where it affects the family.
• Certain jobs can cause vicarious trauma in employees (emergency workers, firefighters, law enforcement officers, etc.), leading to isolation, substance abuse, or depression.
• Some job types may not pay well enough to create a stable financial life for the family, which can easily cause strain and disputes.

A Family Law Attorney Can Help You

You can interpret job data and divorce rates in a number of ways, and while it does appear that a poor work-life balance can increase the chances of divorce, additional factors are almost always involved.

Regardless of what has caused you to believe divorce or legal separation is necessary for you and your spouse, a family lawyer can help you get through the proceedings. Contact the Law Office of Laurence J. Brock to discuss your case for free. Evaluations with a divorce attorney are always confidential. Call 909-466-7661 or fill out the form below.

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