One of the arrangements that may be assigned when parents of minor children end their marriage is joint custody. In this type of arrangement, both parents share legal or physical custody, or both. California parents who are awarded joint custody of their children may have questions about the manner in which child support will be handled.
Alimony, child support and bankruptcy
If parents in California are struggling to keep up with child support and alimony payments, they are not permitted to discharge those debts in bankruptcy. The wages of a parent who does not pay child support could be garnished. The parent's credit could also be damaged, and failure to pay child support could even result in jail time.
Inherited IRAs and property division
A California divorce requires the division of marital property, which often includes individual retirement accounts. These vehicles can only have one name on them, but a divorce generally treats retirement savings as marital assets. An IRA inherited by a person, however, could be classified as a nonmarital asset. Despite this status, some splitting couples have been dividing their inherited IRAs within their divorce settlements. Unfortunately, there are no Internal Revenue Code provisions that deal with this issue.
Tips for sharing parenting duties after a divorce
California parents can take steps during and after a divorce to make the adjustment less difficult for their children. A healthy co-parenting relationship can be a big part of this adjustment. If parents are able to focus on their children and their best interests, they may be able to set aside animosity even after a contentious split.
Options for addressing unpaid child support and job loss
A parent in California who either needs to collect child support or pay it could run into problems as the years go by. When child support goes unpaid, a parent could approach a state agency and request an enforcement action. On the other side of the coin, a parent experiencing financial difficulty, like unemployment, could take steps to limit falling behind on payments by petitioning a court to modify the amount of support owed.
How to design a co-parenting plan after divorce
Most divorced parents in California are looking to co-parent their children in a healthy, peaceful environment. However, while the parents' motivation might be positive, creating a successful parenting plan is not easy. Even when both parents agree on a schedule, they need to remember that parenting plans are works-in-progress that might need to be revisited as their family's needs change.
