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December 2014 Archives

Handling a 401(k) in connection with asset division

During a high-asset divorce, a California couple can face challenging issues related to retirement accounts. As a community property state, California provides for marital assets to be divided evenly, and retirement accounts such as 401(k)s are included. If such an account is to be included as property division is considered, then proper handling is crucial for ensuring that the funds are accessed legally without the creation of serious tax consequences.

Calculating and awarding spousal support

California couples who are contemplating divorce may wish to learn about spousal support. Generally, an individual who earns more money is required to pay support to a former partner. This may be done to allow the dependent former spouse to pursue education or training they lack due to a decision to forego a career and care for children or the marital home. An alternative reason is to allow the spouse to maintain his or her standard of living.

Visitation in domestic violence cases

In many California divorce cases, one or both parents receive custody of a child or children. A parent who is not granted custody may still be entitled to visitation rights. A parent can ask for supervised visitation when uncomfortable with the other parent having access to a child alone, but a parent who has committed violent or abusive actions may sometimes still be permitted visitation.

What is the Hague Convention?

The Hague Convention is a global agreement to protect intercountry adoptions. This means that people in California may adopt children in other countries that signed the Convention. Fully titled The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, it was concluded in May 1993, and the United States signed it the following year, putting it into force in April 2008.

What judges consider when making child custody decisions

When parents are going through a divorce, judges give special importance to the best interests of children when making decisions. This can influence matters like property division, child custody and parenting plans in California. When determining what will be best for a child or children, courts look at the circumstances of each situation and try to ensure a child's well-being and safety.

Establishing parentage in California

California parents may be interested in the legal impact establishing parentage may have on their child's life. Parentage has emotional and financial implications as well, both of which affect the well-being of the child. In addition, parentage provides both parents with the ability to care for and be a part of their child's life.

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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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