Best Child Custody attorney Laguna Beach

When parents no longer live together, and depending on the age and emotional maturity of the child, the courts often take into consideration the child’s preference regarding living arrangements. Because a child will be deeply affected by the decisions reached by the courts about which parent the child will live with, and because any and all such decisions will affect the holistic growth and wellbeing of the child, the courts consider input from the child seriously, whenever appropriate.

If you find yourself in a difficult situation regarding child custody issues, you must have an experienced and understanding attorney to help you reach a resolution that best suits you and your child. Feel free to contact Orange County Child Custody Attorney, and we will help you throughout the child custody process in the most seamless manner possible. Call us at (714) 733-7066, or contact us via email at jos@josfamilylaw.com. We look forward to serving you.

Are you interested in modifying Spousal Support? The Court requires a showing of a material change in circumstances. A paying spouse’s decrease in income caused by loss of employment or retirement can constitute a material change in circumstances in some cases. Keep in mind that the Court can consider all assets other than income in making its decision. If the paying party has assets which can be easily liquidated, then the Court is unlikely to modify Spousal Support even if the paying party is no longer working.

However, an increase in the Supported Party’s income may be grounds for modification since the supported party’s needs will decrease as a result.

In both the initial Spousal Support award and any modification requested, the Court will evaluate the fourteen factors described in Family Code Section 4320

The first factor, which has been popularized in our culture is the Standard of Living. The goal of all Spousal Support awards is to maintain the supported party in the same standard of living established during the marriage. The Court is required to determine the standard of living. To make that help the Court make that determination, in your declaration, state:

• the location of the family house
• the makes and models of the cars
• the names of the stores regularly shopped at
• the frequency of vacations and other social excursions
• the places traveled to on a regular basis for pleasure

For example, annual trips to Europe, private school education for the children and boat ownership can indicate an affluent standard of living.

However, sometimes, frequent expensive expenditures can be misleading and may not indicate an accurate financial picture. For example, in the case of Marriage of Weinstein (1991) 4 CA4th 555, 565, the parties’ lifestyle exceeded their means. Therefore, it would have been burdensome for the supporting party to attempt to maintain the spouse in the same standard of living. In this type of situation, the Court will base its decision on the parties’ actual incomes during their marriage.

The supporting party’s previous income may also prove misleading if such income was the result of overtime. This was the case in the Marriage of Smith (1990) 225 CA 3d 469, 493, where the Court found that the parties’ marital standard of living was based solely on the supporting party’s excessive work hours. Thus, here it was appropriate to reduce the standard of living based on what would have been earned had the supporting party worked reasonable hours during the marriage.

As you can see, each case is unique. For this reason, it is helpful to discuss your situation with an experienced attorney like Binoye Jos. Call him today at (714) 733-7066.