How to Prepare for a Divorce Trial in California | California Divorce

Posted by Tim Blankenship on

 

How to Prepare for a Divorce Trial in California

Trials in family court usually happen when spouses cannot agree on custody, support, or property. The outcome of those trials often hinges less on courtroom theatrics and more on preparation. Being organized and presenting a clear, well-supported case can make a meaningful difference in what the judge decides.

Why preparation matters

Being organized isn’t just about neat paperwork. It’s about presenting a compelling case.

Preparation gives you confidence, helps the judge understand your position, and reduces surprises during testimony. Whether you have an attorney or are representing yourself, the better prepared you are, the more persuasive you will be.

Core steps to prepare for a divorce trial

  1. Collect critical documents and evidenceGather items that support your claims about finances, parenting, and property. These include bank statements, tax returns, pay stubs, credit card statements, deeds, title documents, and receipts for significant expenses.
  2. Preserve communicationsSave relevant texts, emails, social media messages, and voicemail transcripts. These often help establish timelines, agreements, or behaviors relevant to custody and support.
  3. Update financial disclosuresMake sure your mandatory financial disclosures are current and accurate. Courts rely heavily on these documents when determining support, division of assets, and other financial issues.
  4. Organize evidence logicallyLabel exhibits, create an index, and put documents in a sequence that tells a clear story. Consider binding or tabbing exhibits for easy reference during the hearing.
  5. Prepare a trial briefDraft a concise yet comprehensive trial brief that outlines your legal arguments, summarizes the evidence, and cites the key facts you want the judge to focus on.
  6. Practice testimonyPrepare your testimony and, if applicable, your witnesses. Review key facts, practice concise answers, and focus on staying calm and factual under cross-examination.

What to include in your evidence packet

  • Bank records and transaction histories
  • Tax returns and W-2s
  • Pay stubs and employment records
  • Mortgage, deed, and title documents
  • Receipts for major purchases or repairs
  • Texts, emails, and social media messages relevant to custody or agreements
  • Medical, school, or counseling records if custody or health issues are involved
  • A clear exhibit index and a table of contents

How to write an effective trial brief

A trial brief is your chance to speak directly to the judge in writing. Keep it:

  • Concise — focus on the facts and issues that matter most.
  • Organized — use headings to separate custody, support, and property arguments.
  • Evidence-based — reference exhibit numbers and attach key documents.
  • Persuasive — explain why your requested outcome aligns with California family law and the best interests of any children involved.

Include a short introduction, a statement of facts, legal argument sections (if appropriate), and a clear request for relief so the judge knows what you want.

What judges notice in a well-prepared case

  • Current and accurate financial disclosures
  • Clear and organized exhibits that tell a coherent story
  • Concise written arguments that point to specific evidence
  • Witnesses who are prepared and offer relevant testimony
  • A party who appears credible, punctual, and respectful in court

Real client story: preparation changed the outcome

We worked with a client who chose to represent herself at trial. With focused help, her evidence was organized, her trial brief was clear, and her court forms were completed correctly. She walked into the courtroom calm and prepared. The judge noticed her organization and the clarity of her presentation. Preparation strengthened her credibility and made the court process far less intimidating.

How we can help

At Divorce661 we specialize in helping people prepare for divorce trials without the cost of full attorney representation. Our services include organizing your evidence, drafting a trial brief, reviewing and updating forms, and coaching you so your message is clear in court.

We offer flat-fee divorce solutions across California and provide support that keeps you focused on the facts that matter. If you are facing a trial or want to get your case court-ready, we can help you turn an overwhelming process into something manageable and strategic.

Next steps

Get started by making a list of the documents and communications related to custody, support, and property. Prioritize financial disclosures and begin indexing your exhibits.

Need help organizing your case or preparing a trial brief? Schedule a free consultation at Divorce661.com. We will help you walk into court prepared, confident, and focused.

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

Posted by Tim Blankenship on

 

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

I’m Tim Blankenship with Divorce661. If your ex has stopped paying spousal support in California, don’t panic — the courts provide several effective tools to help you collect what you’re owed. In this article I’ll explain the enforcement options available, how to start the process, and a real client example that shows how fast things can get back on track when you act promptly.

Why you should act quickly

When spousal support stops, unpaid amounts can add up fast. Interest may be added to the arrears, and delays make collection harder. Filing an enforcement request with the court as soon as payments stop preserves your rights and gives the court a chance to intervene before the debt grows larger.

Legal tools the court can use to enforce spousal support

The California court system has several enforcement mechanisms designed to ensure compliance with spousal support orders. Here are the primary options:

    • Wage garnishment / wage assignment: The court can issue a wage assignment that directs your ex‑spouse’s employer to withhold support from their paycheck and send it directly to you. If your ex changes jobs, the court can issue a new wage assignment so payments resume automatically at the new employer.
    • Contempt of court: If someone willfully refuses to comply with a support order, the court can hold them in contempt. Contempt can carry fines, jail time, and other penalties intended to coerce compliance.
    • Interest and arrears collection: Unpaid spousal support typically accrues interest. The court can order payment of the arrears plus interest, and enforcement actions prioritize getting that money to you.
    • Coordination with government enforcement agencies: Agencies such as the Department of Child Support Services (DCSS) can assist in collection and use additional enforcement tools.

Other enforcement options (overview)

Beyond wage garnishments and contempt, courts and agencies can use liens, bank levies, interception of tax refunds, and reporting to credit agencies in appropriate cases. The specific steps depend on your order and circumstances.

Real client example: how enforcement worked in practice

A recent client came to us after their ex stopped paying support shortly after changing jobs. They weren’t sure what to do next. We filed enforcement paperwork with the court and requested a new wage assignment. The court issued the wage assignment to the new employer and payments resumed automatically — without a drawn‑out courtroom battle.

Don’t let unpaid support pile up. Act promptly to secure your financial future.

How to start: filing an enforcement request

Here are the practical steps to take if support payments stop:

    1. Document missed payments and any communication with your ex about payments.
    2. File an enforcement request with the family court that issued your spousal support order.
    3. Request a wage assignment if the payor is employed. Provide current employer information if you have it.
    4. Ask the court to calculate arrears and interest so you know what’s owed.
    5. Consider involving DCSS if you want state enforcement assistance.
    6. Work with an attorney or a flat‑fee enforcement service to prepare and file the paperwork if you prefer professional help.

How Divorce661 can help

At Divorce661 we handle enforcement requests from start to finish across California. Our services include filing enforcement paperwork, coordinating wage garnishments, calculating arrears and interest, and working with agencies like DCSS. We offer flat‑fee services and a free consultation to discuss your situation and the fastest path to getting payments resumed.

Practical tips and final thoughts

    • Keep good records: retain payment histories, court orders, and any employer information you have for the payor.
    • Act quickly: delays make collection harder and allow interest to grow on arrears.
    • Use the right tool: wage garnishments can restart payments automatically, while contempt may be appropriate if the payor is deliberately refusing to comply.
    • Get help if you need it: enforcement procedures are procedural and time‑sensitive. Professional help can speed up results and reduce stress.

If you’re dealing with unpaid spousal support in California, schedule a free consultation with us at Divorce661. Visit divorce661.com to get started and regain control over your financial future.

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

Posted by Tim Blankenship on

 

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

I’m Tim Blankenship from Divorce661. If your ex has stopped paying court-ordered child support in California, don’t panic—you have options. In this article I’ll walk you through the enforcement tools available, explain how they work, and outline practical steps you can take to enforce a child support order and protect your child’s financial future.

Why enforcement matters

Unpaid child support impacts more than just bank accounts. It affects your child’s housing, education, medical care, and overall stability. Even with a judgment or court order in place, non-payment is unfortunately common. The good news is that California law provides several enforcement mechanisms to help you collect what is owed.

Enforcement tools available in California

Here are the primary tools courts and child support agencies use to compel payment:

  • Filing an enforcement request with the court — This starts the legal process to recover unpaid support and is often the first step.
  • Wage garnishment / wage assignment — The court or child support agency can order the payer’s employer to deduct child support directly from their paycheck, ensuring steady payments.
  • Liens on property — A lien can be placed on real property or other assets to secure unpaid child support until the debt is satisfied.
  • Suspension of driver’s license or professional licenses — The state can suspend driving privileges or professional licenses to encourage compliance.
  • Interest on unpaid amounts — Unpaid child support typically accrues interest, increasing the urgency to collect what’s owed.

How to start the enforcement process

Follow these practical steps to enforce a child support order in California:

  1. Review your existing child support order — Confirm the terms, the amounts due, and any arrears already documented. This helps identify what to request in your enforcement filing.
  2. Gather documentation — Collect pay stubs, communication records, court orders, and any proof of non-payment to support your request.
  3. File an enforcement request — Submit the enforcement paperwork to the court. This can be done through the county family law court or with assistance from a legal service.
  4. Request specific remedies — Ask the court for wage garnishment, a lien, license suspension, or other remedies based on what is likely to be effective in your situation.
  5. Coordinate with local child support agencies — County child support agencies can help enforce orders, issue wage assignments, and work directly with employers.

Real case example

We recently helped a parent who hadn’t received child support for over six months. After filing the enforcement request, the court issued a wage assignment and the payer’s employer began deducting payments directly from wages. Payments started flowing again—and reliably. This gave the custodial parent immediate financial stability and peace of mind.

Common questions and quick answers

How long does enforcement take?

Timelines vary. Wage garnishments can be implemented quickly once the court issues an order, but other remedies like liens or license suspensions may take longer depending on court schedules and administrative processing.

Will unpaid support continue to accumulate?

Yes. Unpaid child support usually accrues interest until paid in full, which increases the amount owed over time. That’s why prompt enforcement is important.

Do I need a lawyer?

You don’t always need a lawyer, but professional help can ensure paperwork is filed correctly and quickly. Many parents choose document-preparation services or legal assistance to avoid delays and mistakes.

How Divorce661 can help

At Divorce661 we specialize in flat-fee legal document preparation and court filing assistance. We prepare enforcement paperwork accurately, coordinate with local child support agencies, and help you move the process forward efficiently.

  • Flat-fee legal document prep
  • Professional, accurate court filings
  • Coordination with child support agencies
  • Fast preparation to get enforcement started quickly

“We filed the enforcement request, the court issued a wage assignment, and payments started flowing again—reliably and on time.”

Next steps

If you’re not receiving the child support you’re owed, take action now. Start by reviewing your order and gathering documentation. If you want help preparing and filing enforcement paperwork, visit Divorce661.com for a free consultation. We’ll help you enforce your rights and protect your child’s financial future.

Contact

Divorce661 — Free consultation: Divorce661.com

How to Modify Spousal Support in California | California Divorce

Posted by Tim Blankenship on

 

How to Modify Spousal Support in California

I’m Tim Blankenship of Divorce661. If your financial situation has shifted since your spousal support order was entered, you may be able to change that order. In this article I’ll walk you through what the law looks for, common reasons courts grant modifications, a real client example, and the practical steps you can take to pursue a change—quickly and affordably.

What California Courts Mean by a “Material Change in Circumstances”

At the heart of any spousal support modification is the concept of a material change in circumstances. A court won’t modify support simply because time has passed. You must show a substantial, demonstrable change that affects either the payer’s ability to pay or the recipient’s need for support.

“Time alone isn’t a valid reason for modification.”

Examples of material changes include a job loss, a significant drop or increase in income, retirement, or the supported spouse becoming self-supporting. The change should be more than temporary or minor—the court looks for a real, lasting impact.

Common Reasons Courts Modify Spousal Support

  • Job loss or involuntary unemployment: Being laid off or terminated can justify a reduction if the change is substantial and not self-inflicted.
  • Change in income for either party: If the payer’s income falls or the recipient’s income rises significantly, a court may adjust payments.
  • Retirement: Retirement can alter a payer’s ability to pay and may trigger modification.
  • Supported spouse becomes self-supporting: If the recipient establishes sufficient income, continued support may be reduced or terminated.

Why Time Alone Isn’t Enough

Court orders don’t automatically change with the calendar. To reopen support, you must present evidence showing why the original financial assumptions no longer apply. Judges need to see financial documentation and a persuasive explanation of how the change impacts the support calculation.

Real Case Example: How Updated Financials Made a Difference

We helped a client who had been paying spousal support for nearly 10 years. He experienced a career change that resulted in significantly lower income, while his ex-spouse’s earnings increased. By assembling updated financial records and filing a modification request, we were able to get his monthly payment reduced by nearly half.

Key takeaway: up-to-date, accurate financial documentation often makes or breaks a modification request.

How Divorce661 Can Help

  • Review your existing order: We analyze the current judgment and assess whether a modification is likely.
  • Prepare and file court-ready documents: We handle the motions and supporting paperwork from start to finish.
  • Draft stipulations: If both parties agree, we can prepare a stipulation to modify support without a contested hearing.
  • Flat-fee services and free consultation: Practical, predictable pricing and a free initial consult to map your options.

Visit divorce661.com to schedule a free consultation and learn how we can help you move forward.

Practical Steps to Pursue a Modification

  1. Gather updated financial documents (pay stubs, tax returns, bank statements, retirement statements).
  2. Prepare a current income-and-expense statement showing your present financial situation.
  3. Try to negotiate a stipulation with your ex-spouse—mutual agreements are often faster and less costly.
  4. If negotiation fails, file a motion for modification with the family court that issued the original order.
  5. Attend the hearing with organized evidence and a clear explanation of the material change.

Documentation That Matters

  • Recent pay stubs and employer statements (or termination notices)
  • Federal tax returns (most recent 1–3 years)
  • Bank and retirement account statements
  • Proof of new employment, reduced hours, or retirement
  • Evidence of the supported spouse’s increased income, if relevant

Final Thoughts

If your spousal support order no longer reflects your financial reality, don’t wait—courts expect you to show real change, not just the passage of time. With the right documentation and the proper filing, you may be able to reduce or terminate support, or otherwise align your order with today’s circumstances.

Want help evaluating your situation? Schedule a free consultation at divorce661.com and we’ll review your order, prepare filings, and explain whether a stipulation or court motion is the best path.

Question: Do you think spousal support should have a time limit in California? Share your thoughts.