Avoid these 4 common mistakes to protect your position in a divorce.

Contested divorces have the potential to become quite bitter, especially in cases where one spouse may not want the divorce. All too often, one or more of the parties will try to gain an advantage for themselves by coming up with what they think is a brilliant plan for gaming the system or intimidating their spouse. However, taking such action can backfire, with potentially serious consequences. Learn about 4 common mistakes often made during the divorce process and why you should avoid them.

Hiding Income from the Courts

One common error divorcing spouses make is to try to hide assets or income from one another in an attempt to influence their property division or support agreements. However, very few individuals have the knowledge or ability to hide assets and income effectively. Simply leaving them off the disclosure list will not work. The deception ends up being uncovered by the other spouse’s attorney and/or forensic accountant, and contempt of court could apply.

Quitting Your Job

Sometimes people get the idea into their heads that they should quit their job (or deliberately get fired) in order to avoid having to pay a high amount of alimony or child support. This is another mistake you want to avoid. If your ex can prove that you have the ability and opportunity to work at the same level of compensation you had previously, you will not escape your support obligations. This strategy can’t be used by a low-earning spouse to secure more support either.

Being Hateful on Social Media

When emotions run high during a divorce, it can be very tempting to vent on social media. However, you need to be very careful about what you say and how you say it. Worst case scenario, making threats that reasonably cause your ex to fear for their safety could expose you to criminal penalties. Even if no criminal charges are brought, you risk having your angry or hateful statements used against you in a custody battle.

Domestic Violence

Sadly, in some cases spouses resort to emotional or even physical abuse in an attempt to intimidate or frighten their ex into agreeing with their terms for the divorce. This is a huge mistake, as a history of domestic violence would almost certainly affect the outcome of your case if your spouse decided to pursue litigation. You might lose custody of your kids as well as the right to receive alimony from the abused spouse. Plus, you could face criminal prosecution.

Get Expert Advice Now

If you want to learn more about what you can do to protect your rights and interests in a divorce case, reach out to experienced divorce attorney Torrence L. Howell today.

When parents live apart, determining how much each parent should contribute to the care and support of their children can be difficult. Naturally all parties want to make sure that the children have everything they need, but parents may disagree as to how much they should pay or receive in child support. That’s where the state can step in and mandate child support. Your attorney Chino Hills CA can help you understand this legal process. Check out these FAQs on the California Child Support Calculator to get started.

What is the California Child Support Calculator?

The California Child Support Calculator is a mathematical formula designed to help ensure that child support requirements are fair. The Calculator provides a baseline estimate of the appropriate amount of child support required in your case, based on factors like your income and whether or not you are a custodial parent.

What does the Child Support Calculator consider income?

Just about any money you have coming in from any source can be considered income for the purposes of the California Child Support Calculation. For example, gross wages, commissions, trust income, annuities, pensions, dividends, worker’s comp, unemployment, Social Security, and insurance benefits would all be considered income. At the judge’s discretion, the value of any perks you receive as part of your job, like a company car or phone, can be added to your income as well.

Can I deduct my expenses from my income?

The only expenses that the Child Support Calculator automatically deducts are your property and income taxes. Your car payment, rent, mortgage payment, and other necessary living expenses are not automatically considered. However, special deductions do exist, and you may be able to take advantage of them with help from an attorney Chino Hills CA.

Do I have to hire an attorney Chino Hills CA to use the Calculator?

No. You can utilize the Calculator on your own or with the assistance of a family law facilitator who works for the superior court in your county. However, hiring an attorney normally provides a higher level of personalized service and attention and enables you to secure all the deductions you are eligible for.

Am I guaranteed to receive/pay the amount specified by the Calculator?

The California Child Support Calculator only provides an estimate of the child support required in your case. The final decision will be made by the judge ruling in your child support case.

I don’t think the result of the Calculator is fair. What can I do?

You can petition for child support modifications if you believe that the unique circumstances of your case merit a deviation from the California Child Support Guidelines. For example, you can ask for a modification if you can prove that your child needs extra financial support or that the parent receiving the support has too much other income. To learn more about child support modifications, consult with an attorney Chino Hills CA.

Even though divorce is getting more and more common these days, the issues surrounding divorce are as complicated as ever. This is especially true if you have any special circumstances surrounding your marriage or your divorce, such as immigration issues, military service, domestic abuse, or a same sex partnership. As an experienced divorce attorney Ontario CA, Torrence L Howell can assist with all of these special divorce circumstances.

Immigration Issues

If you or your spouse have recently immigrated to the United States and been granted conditional residency based on your marriage, you should definitely consult a divorce attorney Ontario CA before taking any steps to dissolve your marriage. Getting a divorce could result in the conditional residency being revoked. If you have been married for more than two years, the immigrant spouse is eligible to petition for permanent residency. Once this is achieved the divorce can normally go forward without any effect on immigration or naturalization status.

Military Service

If your spouse is currently serving in the military, you may not be able to divorce them immediately. The Service Members Civil Relief Act protects active duty military personnel from having judgments entered against them in civil courts while they are overseas and for 60 days afterwards. In the case of a divorce, the difficulties are compounded because the active duty military spouse must be served with papers by military authorities in order for the California state court to have jurisdiction.

Domestic Abuse

In cases where domestic abuse is involved, you will definitely need an attorney. It is not wise to attempt to handle the proceedings on your own, because you need the protection of a restraining order. An attorney can help you get this legal protection as quickly as possible, to prevent retaliation from the abusive spouse during the divorce process.

Same Sex Partnerships and Marriages

Divorces or dissolutions involving same sex couples can be extremely complicated, in part because of the many discrepancies between state and federal laws, especially tax laws. Unless you fall into the relatively small group of couples who are still eligible to end domestic partnerships with a simple form instead of a court proceeding, you will almost certainly want to secure the advice of a skilled divorce attorney Ontario CA to help you sort through all the complicated issues surrounding your communal property, your taxes, your federal benefits, and your custody rights.