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3 Tips for Navigating Taxes When Filing for a Divorce

Thursday, August 17, 2017

Filing for a divorce is always a hassle. Dealing with taxes while in middle of the divorce process just makes things more confusing. Here are a few tips to help you out. Read More

Family Law: Divorce isn't war. It's the beginnings of Peaceful Negotiations

Thursday, August 10, 2017

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Parallel Parenting in Family Law

Thursday, August 03, 2017

When you go to family court or mediation, in typical situations, the system deems that the best outcome for your children is to have both parents involved in their lives and for the parents to work things out amongst themselves amicably. This situation is also known as "co-parenting." If parents have difficulty getting along, the court may order for the parents to undergo co-parenting counseling. Ideally, parents come out of counseling knowing how to respectfully talk to each other and cope with relinquishing complete control over their children's medical, education, nutrition, and other needs. Read More

Can a Parent Have Joint Custody and Still Need to Pay Child Support?

Thursday, July 27, 2017

Many times parents will seek joint custody of a child not just because they want to spend time with them, but because they think that it means they won't need to pay child support. However, the unfortunate truth, if you are trying to avoid child support, is that the courts treat child support and custody as two different considerations, as they should since they are two very different concerns.

The truth is that you can have joint custody, but you can also end up paying child support as well. The amount of child support you pay is determined using the income shares models. This model takes the income of both parents then uses it to determine support obligation. The benefit to child support, if you have joint custody, is that you may end up paying less. Since the parents share custody, the amount of child support is often lower due to both parents sharing the burden of providing food, shelter, utilities, clothing, and other needs while living at both parent's houses for the determined amount of time.

However, child support is typically paid by the non-custody holding parent, so in joint custody who pays? Typically, if you have joint custody, the parent who has less custody will pay child support to the primary care taker. However, if one parent makes drastically more than the other, they also may end up paying some child support as well.

If you are getting a divorce and trying to get joint custody or determining child support, contact us today. The Law Offices of Elena Mebtahi are dedicated to getting you the best possible outcomes in all Family Law cases.

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Will Dating During a Divorce Affect My Case?

Thursday, July 20, 2017

Depending on the nature of a marriage, getting a divorce may seem like a weight has been lifted off your shoulders rather than something to be sad about. However, while you may be excited to get out there and mingle with other singles, by dating during a divorce you may risk reaping some negative consequences. Read More

What to Do When One Spouse Takes Advantage of Alimony

Thursday, July 13, 2017

When a relationship is dissolved, alimony is determined by a number of factors. The amount of alimony that one spouse has to pay to another can be determined by gross income such as wages, benefits, dividends from investments, and any similar sources of income that one party gathers through their various interests. In some cases, alimony is a permanent payment through various circumstances, but in most cases, alimony will be paid until the spouse receiving the payment can find gainful employment. Read More

Is a QDRO Necessary in a Divorce?

Thursday, July 06, 2017

When it comes to divorce, there are a lot of assets that need to be addressed and often split. However, we tend to focus on the immediate assets, like what is in our bank accounts. Yet, so much more important are the ones we won't need until much later in life - the retirement accounts. These can be tricky to split and even trickier to make sure that everyone can withdrawal their set amount when it is time. Read More

What to Know About Wage Garnishing for Child Support

Thursday, June 29, 2017

Laws regarding child support orders are strictly enforced in California and other states. In many cases, a court will order a "wage assignment" which is a garnishment of your paycheck. This order can include back child support as well as current payments. Employers are bound by the order to deduct the particular amount from each income period. The employer generally should deduct from the first pay period occurring within ten days of the court order. Read More

Father's Rights: What Do You Need To Know About Wage Garnishments?

Thursday, June 22, 2017

Did you know that your wages can be garnished if you do not make your child support payments? In some states, wage garnishment is automatic. Read More

Child Support & Child Support Arrearages: Have Your Circumstances Changed?

Thursday, June 15, 2017

The child support system was created to give children the financial assistance and support they need in order to survive. However, many people find several flaws in the system. It seems that many parents are handed out an excessive amount of penalties that they cannot afford to pay. If you are the person that says you cannot afford the child support payments that you have been ordered to make, there are some things you can do. Read More

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