310-207-4005 Call Today, Before The Problem Gets Bigger

How Cohabitation Effects Child Support

Friday, November 24, 2017

While it is often shown that many divorced couples live apart after divorce this is not always the case. In some recently severed marriage, neither party has the means to support themselves on their own. As such, they end up living their new life with their ex-spouse and children still in the home together so they have a stable environment. While this affects a lot of social aspects in the home, how does it affect child support payments?

In many cases, cohabitation does not have much of an effect on child support. However, it can make day-to-day financial aspects a little fuzzy for some couples. It could be argued that since you bought breakfast, then that is for the care of the child and should be deducted from what you owe, but typically courts will shoot this down. You will likely still be on the hook for the financial amounts.

There are some cases in which one parent experiences "substantial change" to their financial means that can cause child support to be modified, but often this is due to loss of employment or injury rather than cohabitation.

In other cases, one parent may waive child support from the other parent in an effort to combine income and care for the child in their best interest. This can be a mistake if it isn't clear or legally stated that payment needs to be restarted once the ex-spouse moves out.

Overall, cohabitation between divorced parents can be a tricky business because it can throw a wrench in so many divisions that happen during a divorce. If you are cohabitating and want to lay down the ground rules, contact us today.

 Read More

How to Craft a Long-Distance Parenting Plan

Thursday, November 16, 2017

Often when a couple divorces, one or both parties may move somewhere else. While this often isn't an issue for childless couples that each want to start over their own lives, when you share a child together, it can create a number of issues. Usually, there may be arguments over the residential parent who wants to move their child to somewhere new, but if the divorced parents can work it out, a long-distance parenting plan can be adopted.

One of the key factors to maintaining a long-distance relationship with a child is to establish frequent communication with them. While many long-distance parents choose to call or use programs like Skype or FaceTime to talk to them, it is important to remember that this does not replace visitation.

Visitation still needs to happen and depending on the child's age, the non-residential parent may need to travel to them or accompany them back. If you live quite a distance away and have a younger child, they will need to have an adult accompany them on airlines or buses, but older children may be able to travel alone. It is also crucial that visitation does not disrupt a child's daily routine.

In many cases, the non-residential parent may need to have visitation in the town where the child lives so that they can regularly attend school and other activities. However, often longer trips can be taken during school breaks where it is arranged that the child can travel to the non-residential parent's home. Some parents may choose to save up their visitation for a summer break, but in order to maintain a good relationship, communication is still key.

If you are in the process of divorce and still trying to hammer out a good visitation and child custody plan with you, contact us today. The Law Office of Elena Mebtahi can help advise you on great compromises as well as help you maintain your rights as a parent.

 Read More

Father's Rights: Make An Impact This School Year

Thursday, September 28, 2017

Children and teens are back in school. This means their summer routines are now behind them and they are getting adjusted to being back in school. Unfortunately, many fathers find themselves being shut out of school activities. Fathers can play a critical role in their children's daily lives, especially when it comes to school.

There are various things a father can do to help create incredible memories and stay involved in the lives of their children.

Eating Lunch With Your Children

If parents are allowed to each lunch with their children, you can try to have lunch with your son or daughter a few times this school year. Your child will feel proud and excited that he or she is having an opportunity to eat lunch with their awesome Dad.

Encourage Your Children

Whenever you have the opportunity to send your child a text message or a note, you should send an encouraging message. You may not think your child listens to everything you say, but he or she will be sure to remember the early morning encouraging text messages or letters you have sent.

Find A Support Group

When you find other fathers who are in the same position as you, you will be able to work together, share advice, and help one another become better fathers. You can find ways to encourage each other's children and find ways to make sure each child stays on top of all their educational goals.

Stay Involved

We understand that you have a busy life, but when you have the opportunity to attend a field trip, athletic event, or meeting, you should be there if you can. You will send a positive message when you sign up for anything that involves your child.

Fathers can work together in order to become the fathers their children need. Contact us today for more advice or more information on father's rights.

 Read More

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.

But oftentimes, achieving that best-case scenario seems impossible. Instead, you may find that the other parent is such a nightmare to work with because they insist on negating everything you do or say just for the sake of it. Or you may find yourself in a situation where the other parent is trying to actively cut you out of parenting altogether, as you are unjustly accused of a litany of unfounded allegations.

In enduring such a contentious situation, sometimes the most prudent action you can take is to forego co-parenting, and instead, opt for parallel parenting. In parallel parenting, parents have minimal contact. That is, parents do not communicate with each other directly unless it's necessary, and only with regards to the care of their children. Research shows that parallel parenting allows high-conflict parents to maintain relationships with their children without dragging them into the parental conflict. Such a situation also allows parents to undergo a cooling-off period, where tensions lessen over time. Eventually, parents may even be able to engage in co-parenting.

Does parallel parenting sound right for your situation? There are some logistics to consider. For instance, will you and the other parent divide responsibilities over medical, educational, and other major requirements? Or will you continue to share major responsibilities and only split tasks for day-to-day routines? Another item to consider is how you will communicate. For example, is an application like Our Family Wizard appropriate?

qualified attorney can discuss these many nuances, and work towards obtaining an agreement or court order that best reflects your family's needs. An experienced attorney can also let you know what has worked for other similarly-situated families in the past.

Need a consultation with an attorney for your parenting plan? At Law Offices of Elena Mebtahi, we offer free phone consultations.

 Read More


1
Menu