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Offering divorce and family law options to fit
your needs, and focused on reducing the emotional
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November 2014 Archives

What happens if you fall behind on spousal support payments?

Californians who have been ordered to pay spousal support to their ex-spouses must comply with their court order until it is modified or withdrawn. Failure to make spousal support payments on time can result in accumulated interest, wage garnishment and even jail time.

Changing a California spousal support order

In some situations, circumstances change in a manner significant enough to necessitate a change in a previously-issued spousal support order in California divorce cases. In some situations, a party's income may have significantly changed. In others, a former spouse who is receiving support payments may have remarried or no longer needs the support for other reasons. In still other cases, the party receiving payments may have not made any efforts towards becoming self-supporting.

Harold Hamm will not appeal divorce settlement

Californians may know that Harold Hamm's divorce agreement was decided by a county judge on Nov. 10. Calling the court's ruling equitable and fair, the Continental Resources CEO said he would not challenge the settlement. The decision means he will keep his almost 68 percent interest in the energy company. His ex-spouse was awarded almost $1 billion.

Making a spousal support agreement without going to court

Spouses who are going through a divorce do not necessarily have to go to court to fight over whether one of them deserves spousal support and how much. In California, the spouses have the option to negotiate and sign a support agreement and have a judge review it to ensure that it is fair. The preparation of such an agreement can be done with the help of a court facilitator if the parties so desire. This facilitator may explain how spousal support works and what each spouse's rights are. Looking at Form FL-157, which is a declaration attachment, gives spouses an understanding of the factors that a judge considers in a spousal support decision.

Understanding the mediation process

Divorcing couples in California may benefit from learning more about the considerations involved in the mediation process. Mediation can either be entered based on parties' mutual agreement or by a court order. Both parties will be issued a notice if the courts are requiring mediation. If there is a justifiable reason, such as domestic violence, either party may be entitled to object to the mediation. When the judge orders the mediation, a mediator may be appointed or the parties may choose one certified by the court.

When California child support ends

Under California and federal law, both parents have an obligation to financially support their child. When the parents do not live together with the child, that obligation continues. Then, the parents either enter into a child support agreement, which must be approved by the court, or the court makes an order for child support. Child support is the amount of money that one or both parents must pay every month toward the support and living expenses of their child or children.

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Miller & Associates, Attorneys LLP

Miller & Associates, Attorneys LLP
6542 Lonetree Boulevard
Rocklin, CA 95765

Phone: 916-780-0848 
Fax: 916-780-0787

Miller & Associates, Attorneys LLP
850 Iron Point Road, Suite 113A
Folsom, CA 95630

Phone: 916-365-4941 
Fax: 916-780-0787


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