Bay Area & Sacramento Area Family Law Blog

"Gray divorce" is a term used to describe senior couples who are separating. Since the 1990s, the divorce rate for those aged 65 and over has roughly doubled. Older Americans facing divorce may have more assets to split, including 401(k) plans and IRAs. The American Academy of Matrimonial Lawyers reports that after spousal support, disputes over retirement monies come in second on the list of issues divorcing couples argue about.

Federal law supports couples agreeing to split employer-based retirement plan monies by allowing them to get a qualified domestic relations order (QDRO). The order comes about as a court ruling that lays down exactly how workplace retirement funds will be split. A QDRO is not necessary to divide IRA accounts. While taxes will be assessed on dispersed retirement funds, rolling funds over into an IRA will put off the associated tax bill until the money is withdrawn.

There are several reasons a parent in California might be denied visitation rights by a court or the other parent. Courts will rarely deny visitation altogether unless the child's safety is in question because of an issue like abuse. In some cases, the parent might only be permitted supervised visitation in which another person is present. The parent might be ordered to take actions such as attending parenting classes or a substance abuse program. As a step toward restoring visitation rights, the parent should comply with any court orders.

The court will generally not block access because of unpaid child support and a parent should not either. However, a parent could deny the other parent visitation for any number of valid or invalid reasons ranging from concerns for the child's safety to anger at the other parent.

California couples who are considering ending their marriage and who want to avoid the antagonism and anxiety that can result from litigation may consider a collaborative divorce. In collaborative divorces, a couple with works with one another, along their respective attorneys, to obtain resolutions to divorce legal issues in a manner that focuses on getting results in a positive way. Both parties can agree on settlement terms and never have to step inside of a courtroom.

An attorney who handles collaborative divorces can only assist clients in a divorce setting geared toward collaboration. In situations in which a couple refuses to compromise or listen or has become contentious in such a manner that it is obvious that they are unable to work with one another in a productive way, the collaborative attorneys are required to recuse themselves, and it will be necessary for attorneys who handle conventional divorces to begin representing the divorcing spouses. If a collaborative divorce breaks down to the point that it is necessary for the other set of attorneys, the divorcing parties have to examine their roles in why the collaborative process was not working and whether they have the ability and desire to attempt the collaborative process again.

Some California non-custodial parents might wonder whether they can get approved for a home loan if they have fallen behind in child support. While this depends on several factors, including the type of loan, it is possible in some circumstances. The first step for people should be to check their credit report since it may not even be on there.

A Fannie Mae mortgage looks only at debt-to-income ratio, down payment and credit score. Although there are several so-called "derogatory events" that can affect a person's eligibility, being in arrears on child support is not one. People who owe child support may be unable get government-backed loans, which includes USDA, FHA and VA loans. Getting these loans in spite of being behind on child support depends upon whether state child support enforcement has placed the parent in a federal administrative offset program. This may happen if the parent is more than 30 days past due on an amount of $25 or more, but the parent will be notified when this happens.