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Sacramento Divorce Law Blog

California working moms face challenges in child custody matters

Until the relatively recent social change in which women move into the work force en masse, Californians who were facing divorce could pretty well expect in most cases that the family law judge would award custody of the children to the mother and require the father to pay child support.

Now, however, more and more dads in California are staying at home with the kids while the mom goes to work full time. Over 70 percent of mothers now work at least some type of job outside the home, and almost one-third of all women earn more than their husbands.

Man arrested for failure to pay child support

A divorce is a difficult process to go through not only for each spouse, but also for any children involved. Many important decisions regarding a child must be made including custody, visitation rights and child support. By meeting with an attorney and entering into pre-hearing discussions, the parties can often come to an agreement about these issues. But when an agreement is not reached and, for example, a court determines the amount of child support to be paid, that obligation must be met.

When a child support obligation is not met serious consequences may become a reality. For example, a man was recently arrested for owing more than $50,000 in child support and he may face jail time. When one is convicted of a crime for not paying child support it may negatively affect his life in the future. Also, the child is left without his financial needs being met. Thus, it is of the utmost importance that parents develop a plan that makes child support payments reasonable.

Military divorce one unfortunate result of active deployment

Recently, the people of California joined the rest of the United States in honoring those soldiers who paid the ultimate sacrifice while serving their country. It is of perhaps equal importance to remember those servicemembers who do return home but do so only to face a difficult adjustment back to domestic life.

Unfortunately, research confirms that those soldiers returning from active deployment face an increased likelihood of having to go through a military divorce. In fact, the number of military divorces since 2009 has increased by over 30 percent. The emotional impact of a divorce can make an already difficult transition out of full-time military life even harder on a combat veteran.

Former acting couple agrees - no child support necessary

Charlie Sheen and Denise Richards, a former couple whom Californians know for their professional acting, have agreed that Sheen will not have to pay additional child support to Richards even though Richards is now watching two of Sheen's children that he had in a subsequent relationship. Currently, Sheen pays $55,000 a month in child support to Richards for the children he had with her. Richards, who maintains a friendly relationship with Sheen, agreed to take on the care of Sheen's other two children now that those children's mother is spending some time in rehabilitation.

While Sheen has stated that he would gladly pay an additional $55,000 in child support to Richards for her help in raising his children, Richards has declined the money. She says she has enough resources to satisfy both her financial needs and those of all of the children in her care. Sheen is currently under a child support order to pay $55,000 for these children and, presumably, had been paying the children's mother before she entered rehab.

CA woman will pay alimony to man who molested her daughter

When Californians think of fathers' rights in the context of divorce, they often consider a father's right to have a relationship with his children. However, fathers' rights, which perhaps are more correctly denominated "men's rights", can extend beyond the context of child custody.

For example, in California, family courts have traditionally ordered an ex-husband to pay spousal support to his former spouse, in part because men have traditionally earned more money and had a better chance of continuing to be the high earner following the divorce. However, with more women advancing in the work force and more men staying home, the law is changing. Women may now find themselves paying substantial alimony to their former husbands.

Supreme Court case may impact military divorce in CA

Later this year, the United States Supreme Court will decide a case that could impact servicemembers, as well as other federal employees, who choose to take advantage of a federal life insurance program. Although the federal courts typically stay out of matters involving family law, this particular case may indirectly shape the future of military divorce both in California and in other states.

The case involves a federal employee who enrolled himself for federal life insurance benefits. He designated his first wife as the beneficiary of these benefits. The trouble started, however, when he and his first wife divorced and the man remarried. The man neglected to update the named beneficiary on his life insurance policy, and he died without doing so.

Man sues business exec for inflated child support bill

A businessman locked in a child support dispute with his ex-girlfriend has sued a fellow executive, who happens also to be in a current relationship with the businessman's ex-girlfriend. The businessman claims that the executive helped his ex-girlfriend inflate the businessman's child support obligation.

While the support order at issue was entered in a foreign country, the case still raises some interesting questions for California family lawyers and others, especially since the businessman's current lawsuit has been filed in the United States.

Kidnapped children returned to grandparent custody

In California, courts will award child custody to a child's grandparents only in rare circumstances. For example, when parents prove themselves incapable or unwilling to raise their own children properly, then authorities may award the custody of those children to their biological grandparents.

While it may be hard to get court-ordered grandparent custody in the first place, California grandparents fortunately can expect the courts and, in more extreme cases, law enforcement to uphold their grandparent rights under a valid custody order should the children's parents attempt to interfere.

When is divorce in the best interests of the child?

Although this opinion has been on the wane in California and elsewhere for some time, there are still many who adhere to the argument that an unhappy couple should either not divorce at all or at least delay divorce until their children are adults. They see this approach as in the best interests of the child.

Drawing for her own experiences growing up, one parenting and divorce coach responded to this common opinion by arguing that the key to a child's happiness following a divorce instead depends greatly on how a divorcing couple handles issues like child custody, visitation, and generally everyday decisions involving the children.

Should California vets have to divide military benefits in split?

California servicemembers may be interested to hear about a proposal in a neighboring state that would, if passed into law, prevent divorce courts from dividing certain military benefits between the two separated spouses, allowing veterans to keep these benefits in their own pockets.

While federal laws protect soldiers in California and around the country going through a military divorce in some respects, in general a military dissolution works in the same manner as any other dissolution.

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