How to Determine Child Custody in California | California Divorce

Posted by Tim Blankenship on

 

How to Determine Child Custody in California

In my video for Divorce661, I walk through the essentials of determining child custody in California — what custody really means, how courts decide what’s best, and how you can create a parenting plan that protects your kids and minimizes conflict. Below I summarize those key points and share practical guidance to help you move forward with confidence

Understanding the Two Types of Custody

Custody isn’t just about where your child sleeps. In California the law separates custody into two distinct categories:

Legal Custody (Decision-Making)

Legal custody refers to which parent has the authority to make important decisions for the child — things like education, medical care, religious upbringing, and other major choices. Legal custody can be:

  • Joint legal custody: Both parents share decision-making responsibilities and must cooperate on major choices.
  • Sole legal custody: One parent has exclusive decision-making power when co-parenting is not feasible or in the child’s best interest.

Physical Custody (Where the Child Lives)

Physical custody determines the child’s primary residence and the day-to-day care arrangement. This can also be:

  • Joint physical custody: The child spends substantial time living with both parents according to a parenting schedule.
  • Sole physical custody: The child primarily resides with one parent, while the other may have visitation or parenting time.

Joint vs. Sole Custody: What California Courts Prefer

California courts generally prefer joint custody when parents can cooperate because it supports the child’s ongoing relationship with both parents. Joint arrangements encourage shared responsibility and stability, but the court will always prioritize the child’s best interest. Sole custody may be ordered when there are concerns about a parent’s ability to co-parent safely or effectively.

Creating a Parenting Plan That Works

A clear, detailed parenting plan is the backbone of any custody arrangement. It reduces ambiguity, lowers conflict, and increases the likelihood that the court will approve your agreement.

Essential elements to include in your parenting plan:

  • Regular schedule: Weekday and weekend routines, school days, bedtime expectations.
  • Holiday and vacation schedule: How holidays, birthdays, and school breaks will be shared or alternated.
  • Decision-making responsibilities: Who makes major decisions and how disagreements will be resolved.
  • Communication rules: Methods and expectations for parent-to-parent and parent-to-child communication.
  • Transportation and exchanges: Where handoffs occur and who is responsible for travel.
  • Contingency plans: Handling emergencies, illnesses, or changes in circumstances.

A Real-World Example

One arrangement we recently helped formalize kept the children in the family home during the school week while parents alternated weekends. This setup provided continuity and stability for the kids, minimized daily disruption, and reduced conflict between parents. Because the plan focused on the children’s needs and was clearly written, the court approved it without issue.

Making Your Plan Court-Ready

To gain court approval your parenting plan must be legally sound and clearly documented. Important steps include:

  1. Use precise, unambiguous language that explains schedules and decision-making authority.
  2. Address foreseeable issues so the court doesn’t have to interpret vague terms later.
  3. Include methods for resolving disputes, such as mediation or a neutral third party.
  4. Complete and file the required court forms accurately and on time.

At Divorce661, we focus on crafting child-centered, court-ready parenting plans. We prepare and file your paperwork correctly the first time and offer flat-fee, 100% remote services across California to keep the process affordable and amicable.

Tips for Keeping Custody Child-Focused and Low-Conflict

  • Put your children’s best interests first: stability, routine, and strong relationships with both parents.
  • Keep communication about logistics factual and focused on the kids.
  • Agree in writing to as many details as possible to avoid misunderstandings.
  • Use mediation or a neutral professional to resolve disputes before going to court.

Next Steps

If you’re facing custody decisions in California, you don’t have to handle it alone or turn it into a courtroom battle. I offer a free consultation to help you understand your options and start building a parenting plan that protects your children and your peace of mind. Visit Divorce661.com to schedule your free consultation and learn how we can make the process straightforward and child-focused.

Conclusion

Custody in California involves both legal decisions and physical living arrangements. By understanding the difference between legal and physical custody, favoring cooperative solutions, and creating a detailed, court-ready parenting plan, you can achieve an arrangement that supports your children’s well-being. If you want help crafting a plan or filing the necessary paperwork, reach out — I’m here to guide you every step of the way.

“Custody isn’t just about where your child lives; it’s also about who makes crucial decisions for them.”

How to Calculate Child Support in California? | California Divorce

Posted by Tim Blankenship on

 

How to Calculate Child Support in California?

I’m Tim Blankenship with Divorce661. If you’re facing a divorce or separation in California, one of the first—and most stressful—questions is: how much will I have to pay (or receive) in child support? The good news: it’s not a guessing game. California uses a statewide guideline formula that produces consistent results when applied correctly. Here’s a clear, practical guide to what goes into that calculation and how to make sure your numbers are accurate.

Understanding California’s Statewide Guideline Formula

The guideline is a formula designed to be fair and predictable. It primarily looks at two things:

  • Each parent’s income
  • The amount of time each parent spends with the child (parenting time or timeshare)

“It’s not a guessing game. There’s a specific formula.”

The formula includes wages, bonuses, commissions, and self-employment earnings. Anything that counts as regular income can affect the calculation. The intent is to capture the true financial picture of both parents so support reflects actual ability to pay and the child’s needs.

What Income Is Included?

When calculating guideline child support, the calculation considers most forms of earned income and certain types of unearned income. Common items included are:

  • Wages and salaries
  • Bonuses and commissions
  • Self-employment income
  • Regular overtime or other recurring compensation

It’s important to report these accurately. Missing or misstating income can lead to an incorrect support obligation—either too high or too low.

How Parenting Time Affects Your Obligation

Parenting time (how many nights or percentage of time a child spends with each parent) is a major factor. Generally, the more time you have with the child, the lower your child support obligation will be. That’s because greater custody time typically means you are directly paying a larger share of the child’s day-to-day expenses.

Small changes in timeshare can have a meaningful effect on the monthly amount. That’s why accurate calculation and careful documentation of parenting time are critical.

Other Expenses That Can Change the Calculation

Certain payments one parent makes on behalf of the child can reduce the guideline amount. A primary example is health insurance:

  • If one parent pays the child’s health insurance premiums, that payment is considered in the guideline calculation and can lower the monthly support amount.
  • Other child-related recurring expenses—when properly documented—may also be factored into negotiated agreements or the court’s determination.

Real Case Example

Here’s a brief example from our practice that shows how much difference accurate calculations and circumstances can make:

  • A father feared he would owe over $1,000 per month.
  • Using court-approved software and accurate inputs, we calculated the guideline amount at under $500 per month.
  • Why the big difference? He had nearly 50% custody and was paying the child’s health insurance—both significantly reduced his obligation.

That example illustrates two lessons: custody time matters, and documenting payments like insurance matters.

Why Using the Right Tools Matters

Court-approved calculators apply the statewide guideline consistently. Using those same tools ensures the numbers you rely on are the ones a judge or family law facilitator will see. Without accurate tools and inputs, you risk overpaying or underestimating what the court might order.

At Divorce661, we run the same calculations courts use so clients get precise figures—not rough estimates. That precision helps you make informed decisions and avoid surprises at filing or in court.

Can You Agree to a Different Amount?

Yes. If both parents agree to a different child support amount than the guideline result, you can document that agreement and submit it to the court for approval. Families adjust guideline amounts for many legitimate reasons, but the agreement should be clear, documented, and ideally reviewed by a professional to ensure it’s enforceable and in the child’s best interest.

We help clients understand their options, negotiate if needed, and prepare the proper paperwork so any negotiated arrangement is legally sound.

Take Control—Get It Right the First Time

Child support calculations can feel overwhelming, but with the right information and tools you don’t have to guess. Accurate inputs, reliable software, and attention to custody and documented expenses will give you the clearest result.

No stress, no guesswork. If you want help calculating child support the right way, visit divorce661.com for a free consultation. We’ll run the numbers using the same tools courts use and explain what affects your calculation so you can make informed choices.

Final thought

Child support is about fairness for parents and stability for children. Understand the formula, gather accurate income and timeshare information, document expenses like health insurance, and use court-approved tools so your outcome reflects reality—not guesswork.

How to Establish Spousal Support in California | California Divorce

Posted by Tim Blankenship on

 

How to Establish Spousal Support in California

I’m Tim Blankenship of Divorce661. If you’re facing separation or divorce in California, understanding spousal support (alimony) can shape your financial future. Below I explain the two main types of spousal support, how each is determined, and practical steps you can take to reach fair, court‑approvable agreements without unnecessary drama.

Why knowing the difference matters

Spousal support falls into two broad categories: temporary (short‑term) support and long‑term support. Each serves a different purpose, is calculated differently, and carries different implications for both the payer and the recipient. Knowing which one applies to your situation helps you plan, budget, and negotiate effectively.

Temporary spousal support: the short-term bridge

Temporary support provides immediate financial stability during the divorce process. Think of it as a bridge that helps you maintain your lifestyle while separation, discovery, and settlement negotiations are underway.

Key points about temporary support:

  • Formula-based: In California, temporary spousal support is commonly calculated using an income‑based formula similar to child support calculations. Courts and practitioners often rely on standardized software to run these numbers.
  • Short-term relief: It’s designed to cover living expenses during the divorce process — not necessarily intended as a long‑term solution.
  • Predictability: Because a formula is involved, both parties can get a reliable estimate early on and avoid surprises.

Think of temporary support as a bridge offering financial stability until a long‑term decision is made.

Long-term spousal support: case-by-case considerations

Long‑term support (often simply called “spousal support” or “alimony”) is not formula driven. Instead, it’s determined based on the unique facts of each case and a list of statutory factors that the court can consider.

Primary factors that influence long‑term support in California:

  • Length of the marriage
  • Each party’s earning capacity and employment prospects
  • Contributions to the marriage (including homemaking and child care)
  • Standard of living during the marriage
  • Age and health of both parties
  • Any documented tax consequences, assets, and debts

Because long‑term support is tailored to the situation, outcomes can vary widely. That’s why careful analysis and negotiation are essential to reach a fair result.

Real-life example: a 12-year marriage resolved without court

Here’s an example that illustrates the process in practice:

  • Marriage length: 12 years.
  • Income disparity: the husband earned significantly more than the wife.
  • Approach: We used court‑approved software to calculate a temporary support amount to ensure immediate stability.
  • Outcome: After reviewing the short‑term calculation and discussing long‑term factors, both parties agreed on a fair long‑term support arrangement — all without going to court.

This approach saved time, cost, and emotional energy while producing a written agreement that met court standards.

How we help — what to expect working with Divorce661

At Divorce661 we focus on practical, affordable solutions for couples in California who want to handle their divorce efficiently and fairly. Here’s what we offer:

  • Flat‑fee divorce services across California.
  • Expert calculation of temporary spousal support using approved tools.
  • Guidance on long‑term support negotiations considering marriage length, earning ability, and lifestyle.
  • Preparation of clear, court‑approvable written agreements.
  • A 100% remote process to keep things fast, affordable, and low drama.

Practical steps to protect your financial future

  1. Get an early estimate of temporary support using income data — this gives you breathing room while you negotiate.
  2. Gather documentation: pay stubs, tax returns, detailed budgets, and proof of assets and debts.
  3. Evaluate long‑term needs and earning potential for both parties. Consider retraining, job search plans, and realistic timelines for self‑support.
  4. Prioritize a written agreement: a fair, well‑drafted settlement avoids court, reduces cost, and provides certainty.
  5. Use court‑approved tools and experienced guidance to ensure the agreement will be accepted by the court if filed.

Conclusion — fair, legal, and drama‑free

Spousal support in California can feel complex, but the path forward is manageable with the right information and help. Temporary support offers predictable, formula‑based relief during the divorce process. Long‑term support requires a careful, case‑by‑case approach that considers marriage length, earning ability, and lifestyle.

If you want help calculating temporary support, negotiating long‑term terms, or preparing a court‑approvable agreement, visit Divorce661.com to schedule a free consultation. We’ll work with you to create a fair, legal, and drama‑free solution.

How to Modify Child Support Orders in California? — And What to Do When Support Goes Unpaid | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Modify Child Support Orders in California? — And What to Do When Support Goes Unpaid

I’m Tim Blankenship of Divorce661. In my video I walk through how to handle child support when circumstances change — and what to do when a court-ordered payment isn’t being made. Whether you need to modify an order because your income or custody situation changed, or you need to enforce an existing order after missed payments, here’s a clear, practical guide to protect your child’s financial security.

When can child support be changed or enforced?

There are two related but different problems parents face:

  • Modification: You can ask the court to change the amount of child support if there has been a material change in circumstances — for example, a significant change in income, a custody or visitation change, or a new child from another relationship.
  • Enforcement: If the other parent is not paying under an existing court order, you can pursue legal enforcement to collect past-due support and make future payments regular.

Both processes require documentation and proper forms, and the court will only act when presented with valid reasons and evidence.

Common legal tools to enforce unpaid child support

If a parent falls behind, the court or the local child support agency can use several enforcement mechanisms to compel payment. These are powerful and commonly effective:

  • Filing an enforcement request with the court: This starts the legal process to recover unpaid support. It’s often the first step and can lead to other enforcement remedies.
  • Wage garnishment / income withholding: Employers can be ordered to deduct child support directly from the payer’s paycheck — a reliable way to ensure regular payments.
  • Property liens: A lien can be placed on real property or other assets, which helps secure the debt and can be enforced upon sale or refinancing.
  • Suspension of licenses: Courts or agencies can suspend driver’s licenses, professional licenses, or recreational licenses to pressure compliance.
  • Contempt proceedings: For willful nonpayment, the court may hold the payer in contempt, which can result in fines or even jail in extreme cases.
  • Interest on unpaid support: Unpaid amounts commonly accrue interest, increasing the urgency to collect arrears.

Real case example: enforcement that worked

Here’s a real outcome I’ve seen: a parent fell six months behind on support. We filed an enforcement request and the court issued a wage assignment (income withholding). The result was steady, on-time payments and restored financial stability for the child. Cases like this show that enforcement tools actually work when applied correctly.

How to get started — practical steps

  1. Review your child support order: Understand exactly what the order requires, including payment amounts and any provisions about arrears or interest.
  2. Gather evidence: Collect proof of missed payments, communication attempts, pay stubs, bank records, and any relevant correspondence.
  3. File the appropriate paperwork: File an enforcement request or income-withholding forms with the court. If you’re seeking a modification, file a request to modify the order and include documentation of the changed circumstances.
  4. Coordinate with local child support agencies: Many counties have child support enforcement offices that can assist with wage garnishment, locating a payer, and other actions.
  5. Consider contempt or lien requests if necessary: If nonpayment is willful, ask the court to consider contempt or to place liens on property.

Why professional help matters

Family law paperwork and court procedures can be confusing. Working with a lawyer or a trusted legal service prevents mistakes that delay enforcement or modification. At Divorce661 we run updated child support calculations, prepare and file forms correctly, and help you present the strongest case to the court so your child gets the support they’re owed.

Next steps and resources

If you’re dealing with unpaid child support or think your support order should change because your situation has significantly shifted, don’t wait. Start by reviewing your order and gathering documentation. Reach out to your local child support agency or get professional guidance to prepare paperwork and file the right requests quickly.

For a free consultation and help getting started, visit Divorce661.com. Protect your child’s rights and secure their financial future — you don’t have to navigate this alone.

Conclusion

Unpaid child support can threaten your child’s well-being, but there are effective legal tools available: enforcement requests, wage garnishments, liens, license suspensions, contempt, and interest recovery. With the right evidence, paperwork, and professional guidance, you can compel compliance or obtain a sensible modification when circumstances change. Act promptly to protect your child’s financial security.

 

How to Modify Spousal Support in California | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Modify Spousal Support in California

I’m Tim Blankenship of Divorce661. If your financial circumstances have changed since your spousal support order was entered, you may be able to modify that order in California. In this article I’ll explain what counts as a “material change in circumstances,” walk through a real client example, outline the steps we take to request a modification, and share practical tips to improve your chances of success.

What is a “material change in circumstances”?

A modification of spousal support in California requires a demonstrable, substantial change in circumstances since the original order. Examples include:

  • Job loss or involuntary reduction in income
  • A significant drop (or increase) in either party’s earnings
  • Retirement that meaningfully affects income
  • The supported spouse becoming self-supporting

Important: Time passing by itself is not a valid reason to modify spousal support. You must show a real, material change that justifies adjusting the original order.

Time alone isn’t a valid reason for modification.

Real case example: how updated financials changed a long-standing order

We recently helped a client who had been paying spousal support for nearly 10 years. After a career change his income dropped significantly while his ex-spouse’s income increased. By preparing updated financial disclosures and filing a modification request, we were able to show the court that the circumstances had materially changed. The client’s monthly payment was reduced nearly in half.

This case highlights two critical elements: (1) a clear demonstration of changed finances, and (2) accurate, current supporting documentation.

How we help at Divorce661

At Divorce661 we offer a flat-fee approach to support modification. Our typical services include:

  • Reviewing your existing spousal support order and financial situation
  • Preparing and filing court-ready documents to request a modification
  • Drafting stipulations if both parties agree—often avoiding a contested hearing
  • Handling the process from start to finish, so you can move quickly and affordably

We also provide a free consultation to review your options and determine the best path forward.

Step-by-step: how a spousal support modification usually proceeds

  1. Gather and review the original support order and all current financial information.
  2. Confirm that a material change exists and calculate the likely impact on support.
  3. Prepare the necessary court forms and supporting declarations (pay stubs, tax returns, profit/loss statements, retirement paperwork, etc.).
  4. Attempt to reach an agreement with the other party; if successful, draft a stipulation for the court.
  5. If no agreement is reached, file a Request for Order and present the evidence to the court at a hearing.
  6. Obtain a revised court order reflecting the modification.

Documentation that strengthens your modification request

Accurate paperwork is the backbone of any successful modification. Commonly requested documents include:

  • Recent pay stubs and employer verification
  • Federal tax returns (individual and business, if applicable)
  • Profit and loss statements for self-employed individuals
  • Proof of job loss, reduction in hours, or disability
  • Retirement statements or pension documentation
  • Evidence of the supported spouse’s income increase (if relevant)

Common questions and quick tips

Will the court reduce support just because I’ve been paying for a long time?

No. Longevity alone is not enough. You must show a material change in circumstances that justifies a reduction.

Can both parties agree to a modification without going to court?

Yes. If both parties sign a written stipulation, we can submit it to the court to replace the existing order—often a faster and less expensive option.

How important is accuracy in financial disclosures?

Extremely important. Updated, accurate financials make your case credible and improve the chance of a favorable outcome.

Next steps

If you think your spousal support order no longer reflects your financial reality, we can help you evaluate your situation and pursue a modification. Visit Divorce661.com to schedule your free consultation and learn how we can handle the paperwork, filings, and negotiations to get your order aligned with today’s circumstances.

Do you think spousal support should have a time limit in California? We’d love to hear your thoughts.

 

How to Enforce Child Support Orders in California — Practical Steps to Get the Support Your Child Deserves | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Enforce Child Support Orders in California — Practical Steps to Get the Support Your Child Deserves

Hi, I’m Tim Blankenship of Divorce661. If you’re dealing with unpaid child support in California, you’re not alone. In a recent video I made, I explained the legal tools available to enforce a child support order and shared a real-life example of how enforcement turned months of non-payment into steady income for a family. This article expands on those ideas so you can understand your options and take effective action.

Why enforcement matters

When an obligor stops paying child support, it threatens your child’s financial security and stability. A court order is legally binding, but orders don’t enforce themselves. The good news: California provides several enforcement mechanisms designed to compel payment and protect your child’s rights.

Common enforcement tools in California

Here are the primary tools the court and child support agencies can use to collect overdue support:

  • Filing an enforcement request with the court — This is often the first step. Filing initiates legal proceedings to recover unpaid support and allows the court to issue enforcement remedies.
  • Wage garnishment (wage assignment) — The court can order automatic deductions from the payer’s paycheck so support is paid regularly and directly to the custodial parent or the state child support agency.
  • Liens on property — Placing a lien on real property or other assets can prevent the obligor from selling or refinancing until arrears are paid.
  • Suspension of licenses — Driver’s licenses, professional licenses, and other privileges may be suspended to pressure payment.
  • Accruing interest — Unpaid child support often accrues interest, which increases the total amount owed and encourages prompt collection.

How the process typically works

  1. Review your child support order. Confirm the terms, amounts, and any modifications that may affect enforcement.
  2. Gather documentation. Prepare proof of missed payments, the court order, income information for the obligor (if available), and any communication records about payment attempts.
  3. File enforcement paperwork. Submitting a formal request to the court starts enforcement. Proper paperwork and correct filing are critical to avoid delays.
  4. Request specific remedies. Ask the court for a wage assignment, property lien, license suspension, or other appropriate tools based on the situation.
  5. Coordinate with local agencies. County child support agencies can assist with administrative enforcement, collections, and federal enforcement tools if needed.

Real example: enforcement that worked

“We helped a parent who hadn’t received support for over 6 months. We filed the enforcement request, the court issued a wage assignment, and payments started flowing again—reliably and on time.”

This illustrates how a timely enforcement request and a wage garnishment can quickly restore regular payments and bring financial stability back to a household.

When to get professional help

Enforcement involves preparation, correct forms, and coordination with courts and agencies. If you’re unsure how to proceed, professional legal document preparation and filing help can speed the process and increase your chance of success. Services like Divorce661 offer flat-fee document preparation, court filing assistance, and coordination with local child support agencies so the paperwork is filed quickly and accurately.

Practical tips to move forward

  • Act promptly — the longer arrears accumulate, the harder recovery can become (and interest may grow the balance).
  • Keep records — document missed payments, communications, and any agreements.
  • Ask for a wage assignment — it’s one of the most reliable ways to get consistent payments.
  • Consider agency assistance — your county child support agency can offer enforcement support and federal tools.
  • Seek help with paperwork — accurate filings reduce delays and increase the likelihood of immediate remedies.

Conclusion — protect your child’s financial future

If your ex has stopped paying child support in California, you have legal options. Filing an enforcement request, requesting wage garnishment, placing liens, or seeking license suspensions are effective tools to compel payment. With the right approach and professional help when needed, you can secure the support your child is entitled to and restore financial stability.

Need help getting started? Visit Divorce661.com for a free consultation and assistance with enforcement paperwork and coordination with local child support agencies. You don’t have to navigate this alone; take steps today to protect your child’s rights and future.

 

How to Enforce Spousal Support Orders in California | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Enforce Spousal Support Orders in California

I’m Tim Blankenship from Divorce661. If your ex has stopped paying spousal support in California, you don’t have to sit and wait—there are strong legal tools available to make them comply. In this article I’ll walk you through the enforcement options, what to do first, and how to get your support payments moving again.

Why you should act quickly

Unpaid spousal support can accumulate interest and put you in a difficult financial spot. The courts expect support orders to be followed, and when payments stop, prompt action increases the likelihood you’ll recover the money owed. Don’t let unpaid support pile up. Act promptly to secure your financial future.

Common enforcement tools the court can use

California courts have several enforcement mechanisms to collect spousal support. Knowing your options helps you choose the right strategy for your situation.

Wage garnishment / wage assignment

The court can issue a wage assignment (also called wage garnishment) that directs your ex-employer to withhold a portion of their paycheck and send it to you automatically. This is often the fastest, most reliable way to restart payments—especially if your ex changed jobs and payments stopped.

Contempt of court

If a person willfully disobeys a support order, the court can hold them in contempt. That can lead to fines or even jail time. Contempt is a powerful remedy but usually requires the court to find that the non-paying spouse had the ability to pay and chose not to.

Liens, levies, and bank garnishments

The court can place liens on property, levy bank accounts, or use other collection devices to secure unpaid support. These tools can be effective when wage garnishment isn’t possible or if there’s a lump-sum owed.

Interest on unpaid support

Unpaid spousal support typically accrues interest. That means delaying enforcement can increase the total amount owed—another reason to file an enforcement request sooner rather than later.

The Department of Child Support Services (DCSS) — when to involve them

While DCSS primarily enforces child support, they can sometimes assist with spousal support matters depending on the case circumstances. If you already work with DCSS or your case has elements that overlap with child support, coordinating with them can add another enforcement pathway.

Real client example: How enforcement can work

One of our clients experienced a sudden stop in spousal support after their ex changed jobs. They were unsure what to do, so we filed enforcement paperwork with the court. The court issued a new wage assignment and payments resumed automatically—no drawn-out court fight was necessary. This demonstrates how effective filing an enforcement request can be.

How to start: filing an enforcement request

Here’s a basic roadmap to enforcing a spousal support order in California:

  • File a Request for Order (RFO) or enforcement paperwork with the family court that issued the support order.
  • Ask the court for a wage assignment, arrears judgment, contempt hearing, or other appropriate relief.
  • Provide proof of the missed payments and any communications about payment.
  • Serve the other party with the paperwork and attend any required hearings.
  • If ordered, coordinate with your ex’s employer or financial institutions to implement garnishments or levies.

Typical documents to gather

  • Copy of the spousal support order or judgment
  • Bank statements and payment records showing missed payments
  • Paystubs or proof of your ex’s employment changes (if available)
  • Any written communications about the payments

What to expect: timeline and outcomes

Timelines vary. A simple wage assignment can be issued fairly quickly and produce automatic payments within a few pay cycles. Contempt proceedings or contested hearings take longer. Regardless, filing enforcement paperwork starts the clock and helps preserve your rights and the amount owed.

Practical tips

  • Act immediately after the first missed payment—prompt enforcement prevents bigger arrears and interest.
  • Document everything. Clear records make enforcement smoother.
  • If your ex changes jobs, a new wage assignment can be issued to the new employer.
  • Consider professional help to prepare the paperwork and handle coordination with courts and employers.

How I can help

At Divorce661 we file enforcement requests, handle wage garnishments, and coordinate with the court and support services so you get the payments you’re legally owed. We offer flat-fee services across California and a straightforward process to get enforcement moving quickly and with less stress.

Schedule a free consultation at divorce661.com to discuss your case and next steps. By taking action today, you can regain control of your financial situation and ensure you receive the support entitled to you.

Conclusion

Unpaid spousal support is serious, but California provides effective enforcement tools—from wage garnishments and wage assignments to contempt and liens. Filing an enforcement request is the first and most important step. If you need help navigating the process, reach out: divorce661.com. Don’t let unpaid support pile up—act now.

“Don’t let unpaid support pile up. Act promptly to secure your financial future.” — Tim Blankenship, Divorce661

 

How to Handle Retirement Accounts in a California Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Handle Retirement Accounts in a California Divorce

Introduction

I’m Tim Blankenship from Divorce661. If you’re navigating a divorce in California, one of the most misunderstood—and potentially costly—areas is dividing retirement accounts. Retirement earned during the marriage is community property, but dividing it properly requires more than a simple line in your settlement. In this article I’ll explain what you need to know about Qualified Domestic Relations Orders (QDROs), common pitfalls, a real-life example, and practical next steps to protect your retirement assets.

Why retirement accounts deserve special attention

Retirement assets like 401(k)s and pensions are often among the largest marital assets. While California treats retirement earned during the marriage as community property (usually split 50/50), the mechanics of dividing those accounts are governed by federal rules and plan documents. If you don’t follow the right legal steps, you can trigger taxes, early-withdrawal penalties, or simply be unable to get the other spouse’s share out of the plan.

Key points to remember

  • Community property: Retirement earned during the marriage is generally community property in California and is subject to division.
  • You can’t just “agree to divide it” in your judgment: Many plans require a formal court order and specific language before they will permit division.
  • QDROs are often required: For ERISA-covered plans (typical employer 401(k)s and many pensions) a QDRO is the formal tool that allows the plan administrator to pay a non-employee spouse without triggering taxable distributions.

“You can’t just ‘agree to divide it’ in your paperwork.”

What is a QDRO (Qualified Domestic Relations Order)?

A QDRO is a court order that recognizes the right of a spouse (or other dependent) to receive a portion of retirement benefits from an ERISA-covered plan. It tells the plan administrator exactly how to split and pay out the benefits. Without an approved QDRO, the plan may refuse to honor the division, and attempting to withdraw funds without one can create unwanted tax consequences.

When is a QDRO required?

  • ERISA plans: Most employer-sponsored pension plans and 401(k)s are subject to ERISA and typically require a QDRO to divide benefits.
  • Defined benefit plans (pensions): Almost always require a QDRO.
  • Defined contribution plans (401(k)/403(b)): Usually require a QDRO.
  • IRAs: Generally not ERISA plans, so a QDRO is usually not necessary. IRAs are commonly divided by a transfer-incident-to-divorce under tax code rules, which still requires appropriate court language but follows a different process.

Common mistakes to avoid

  • Putting vague language in your judgment that simply says assets will be split without specifying QDRO requirements or how the division will be implemented.
  • Assuming the plan administrator will automatically divide the account based on the divorce judgment without an approved QDRO.
  • Withdrawing funds directly to split them—this can trigger taxes and early withdrawal penalties.
  • Waiting until after the divorce is final to start the QDRO process—some plans have approval requirements that can take time.

A real-life example

We recently helped a couple who had agreed to split a pension and a 401(k). They thought that putting the agreement into their divorce paperwork was enough. They didn’t realize a QDRO was required for the pension and 401(k). We added the correct QDRO language to their judgment and worked with a QDRO attorney to prepare and submit the QDRO for plan approval. The result: the plan approved the QDRO, the accounts were divided without tax penalties, and both parties received the retirement shares they were entitled to.

How the QDRO process typically works

  1. Identify which plans are subject to ERISA and which are IRAs or other non-ERISA plans.
  2. Include clear, specific QDRO language in your divorce judgment or settlement so the division is authorized by the court.
  3. Have a QDRO-drafting professional or attorney prepare the QDRO. Plan administrators often have sample language or specific requirements—those must be followed.
  4. Submit the QDRO to the plan administrator for pre-approval (some plans require this) and then obtain final court approval and signature.
  5. Once approved by the plan, the funds are transferred according to the order.

Practical tips to protect your retirement during divorce

  • Don’t cash out retirement funds to split them—explore transfers or QDROs instead to avoid taxes and penalties.
  • Get plan documents early so you know the rules and any administrative requirements or fees.
  • Document the dates and amounts of contributions made during the marriage—these details matter for valuation and apportionment.
  • Work with professionals: a family law attorney, a QDRO specialist, and a financial advisor can help prevent costly mistakes.
  • Include explicit QDRO language in your divorce paperwork so one more hurdle is removed in the post-judgment process.

How Divorce661 can help

At Divorce661 we make sure your divorce paperwork includes the correct QDRO language so the division of retirement accounts is done right the first time. When a QDRO is required, we connect clients with trusted QDRO professionals and coordinate the process so your retirement is protected and tax issues are avoided.

Conclusion and next steps

Dividing retirement accounts in a California divorce is not just a matter of agreeing to split—it’s a technical process that often requires a QDRO for ERISA plans and careful handling for IRAs. By understanding the rules and taking the right steps, you can avoid tax penalties, administrative headaches, and delays.

If you’re dividing retirement accounts in your California divorce, take action early: review plan documents, include clear QDRO language in your judgment, and work with experienced professionals to prepare and approve the necessary orders. For a free consultation and help getting this right, visit Divorce661.com and schedule a time to talk.

 

How to Navigate Community Property Laws in California | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Navigate Community Property Laws in California

I’m Tim Blankenship of Divorce661. If you’re facing a California divorce, one of the most important things to understand is how community property works — and how it affects your home, retirement, savings, and even debt. In this article I break down the essentials, share a real-life example, and explain practical steps you can take to protect your interests and settle fairly.

What Does “Community Property” Mean in California?

In California, community property generally means that anything acquired during the marriage is owned equally by both spouses. That includes:

  • Income earned during the marriage
  • Homes and real estate purchased while married
  • Cars and other titled property
  • Retirement accounts and benefits accumulated during marriage
  • Debts incurred during the marriage (credit cards, loans, etc.)

“Anything acquired during marriage is split 50/50. It doesn’t matter who earned it or whose name it’s under.”

Ownership on a title or whose name appears on an account does not, by itself, determine whether an asset is community or separate property.

What Is Separate Property?

Not everything is community property. Examples of separate property include:

  • Assets owned prior to marriage
  • Gifts or inheritances received by one spouse during the marriage (if kept separate)
  • Property acquired with only separate funds, properly traced

Determining whether an asset is separate or community can be straightforward in some cases, but it often requires careful documentation and sometimes negotiation or litigation.

A Real-Life Example

We worked with a couple who had been married for more than 15 years. One spouse believed assets held in their name were solely theirs. After reviewing the facts, we explained that home equity, retirement accounts, and debt accumulated during the marriage had to be treated as community property and divided equally.

Once those assets and liabilities were correctly identified and documented, we drafted a settlement agreement that both parties accepted — and the court approved it without issue. That agreement avoided costly disputes and made the divorce process far more predictable and fair for both sides.

How to Protect Yourself and Avoid Costly Mistakes

Key practices that help prevent surprises during property division:

  • Keep clear records of pre-marriage assets, gifts, and inheritances.
  • Document transactions that mix separate and community funds (trace funds if necessary).
  • Avoid making unilateral changes to titles or accounts without legal advice.
  • Consult a knowledgeable professional early — before agreements are signed or property transferred.

How Divorce661 Helps

At Divorce661 we focus on clear, fair, and court-approvable agreements. Our services include:

  • Identifying what is community property vs. separate property
  • Drafting settlement agreements that are fair and approved by the court
  • Handling the property division process from start to finish
  • Offering flat-fee divorce services across California to control costs

We make the process efficient and as drama-free as possible so you can move forward with certainty.

Practical Steps to Take Now

  1. Inventory your assets and debts, noting when each was acquired.
  2. Gather documentation: titles, account statements, retirement summaries, and records of gifts or inheritances.
  3. Talk to a qualified professional who understands California community property law.
  4. Consider a negotiated settlement to save time and costs — but ensure it’s drafted properly and court-approvable.

Conclusion

California’s 50/50 community property rule can be surprising if you don’t understand it. Anything acquired during marriage — income, real estate, retirement, and even debt — is typically divided equally, regardless of whose name appears on the title. Knowing the difference between community and separate property and documenting assets properly can prevent expensive surprises.

If you want help navigating property division and crafting a fair settlement, schedule a free consultation with us at Divorce661. We’ll make sure your assets are identified correctly and divided fairly so you can move forward with confidence and without drama.

Visit Divorce661.com to schedule your free consultation and learn more about flat-fee divorce services across California.

How to Prepare for a Divorce Mediation in California | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Prepare for a Divorce Mediation in California

Introduction

I’m Tim Blankenship from Divorce661. In this post I’ll walk you through how to show up to a divorce mediation in California prepared, confident, and ready to reach an amicable agreement. Mediation can be faster, less expensive, and far less stressful than a court battle—if you come prepared.

Why choose mediation?

Mediation focuses on finding common ground and moving forward amicably. Compared to litigation, mediation typically:

  • Saves time and money
  • Reduces emotional stress
  • Allows couples to craft solutions tailored to their needs
  • Often resolves matters in one session for well-prepared couples

What to bring to divorce mediation

Having a clear financial picture is essential. Before your mediation session, gather the following documents and information:

  • Income: Recent pay stubs, W-2s, or other proof of earnings
  • Bank accounts: Statements for checking, savings, and other accounts
  • Debts and credit cards: Recent statements showing balances and minimum payments
  • Property details: Mortgage statements, deeds, appraisals, or valuations for homes and vehicles
  • Retirement and investment accounts: Current balances for IRAs, 401(k)s, pensions, brokerage accounts
  • Any other assets: Business interests, life insurance values, valuable personal property

How to prepare mentally and strategically

Documents alone aren’t enough. Enter mediation with a clear strategy:

  • Identify your priorities: Know what matters most to you—housing, custody, spousal support, retirement division, etc.
  • Set realistic goals: Decide where you’re willing to compromise and where you need to stand firm.
  • Stay focused: Organized documentation and a clear mindset help prevent misunderstandings and keep negotiations productive.

Real client example

We helped a couple organize their finances and clarify their goals before mediation. Because they had everything prepared and knew their priorities, they reached a full agreement in one session and finalized their divorce shortly after—saving time, stress, and money. Their success highlights the value of preparation and a focused approach.

How Divorce661 helps

At Divorce661 we assist with:

  • Preparing and organizing financial disclosures
  • Helping you clarify goals and priorities before mediation
  • Drafting all divorce paperwork after mediation—flat fee, no court

“By preparing thoroughly, you’ll approach mediation with clarity and confidence.”

After mediation: paperwork and final steps

Once you reach an agreement in mediation, you’ll need the appropriate paperwork to finalize your divorce. Drafting accurate settlement documents is crucial to ensure your agreement is enforceable and clear. With the right help, you can move from agreement to final judgment without unnecessary court time.

Next steps and free consultation

If you’re considering mediation, start by getting organized. Make a checklist of the documents above and identify your top priorities. If you want help preparing, visit Divorce661.com for a free consultation. We’ll help you get organized, stay focused, and work toward a peaceful, efficient resolution.

Final thoughts

Mediation is an opportunity to resolve your divorce with dignity and control. With the right preparation—organized finances, clear priorities, and professional guidance—you can reduce stress, save money, and often conclude matters quickly.

Question: What’s your biggest concern about divorce mediation—finances, custody, or communication?