How to Handle Retirement Accounts in a California Divorce? | California Divorce

Posted by Tim Blankenship on

 

How to Handle Retirement Accounts in a California Divorce?

Why retirement accounts matter in a California divorce

Retirement accounts are often among the most valuable marital assets. In California, funds earned during the marriage are generally community property and are typically split equally between spouses. That makes dividing 401(k)s, pensions, and IRAs a critical part of any divorce settlement.

Division is not as simple as writing it into the judgment

Even when both spouses agree on a split, many retirement plans will not process a division based only on the divorce judgment. Most employer-sponsored plans require a special court order to legally divide benefits and to avoid tax consequences.

Most retirement accounts require a special court order called a QDRO, short for qualified domestic relations order, to divide the funds legally and without tax consequences.

What is a QDRO and when is it required?

A QDRO is a Qualified Domestic Relations Order. It is a specific type of court order that instructs a retirement plan to pay benefits to an alternate payee, such as a former spouse. QDROs are required for many employer-sponsored plans, including 401(k)s and pensions. Without a QDRO, plan administrators will not implement the division and attempting to withdraw or transfer funds without the proper order can trigger taxes and early withdrawal penalties.

IRAs are handled differently. Traditional and Roth IRAs generally do not require a QDRO; transfers incident to divorce can be effected by a properly drafted judgment or transfer document. Even so, careful wording and correct processing are still essential to avoid unintended tax results.

How the QDRO process works

  • Include the agreed division in your divorce judgment with clear, specific language identifying the accounts and the split.
  • Have a QDRO specialist or family law attorney draft the QDRO consistent with both the judgment and the retirement plan’s rules.
  • Submit the QDRO to the plan administrator for review and approval.
  • Once accepted, the plan processes the division according to the QDRO, transferring benefits or creating a payable right for the alternate payee.

Real client example

We recently worked with a couple who agreed to split a pension and a 401(k). They documented the agreement in their judgment but did not know about the QDRO requirement. We updated their paperwork with the proper language and coordinated with a QDRO attorney. The plan administrators accepted the QDRO and processed the division smoothly, with no penalties or surprises.

Practical steps to protect your retirement assets

  1. Inventory every retirement account and determine whether the funds are community or separate property.
  2. Specify the exact percentage or dollar amounts in the divorce judgment and identify the plan, account numbers, and dates used for valuation if appropriate.
  3. Determine which accounts require a QDRO (typically 401(k)s and pensions) and which do not (typically IRAs).
  4. Engage a QDRO specialist or attorney to draft and submit the QDRO to the plan administrator.
  5. Obtain written acceptance from the plan administrator and confirm how distributions or rollovers will be handled.
  6. Verify tax treatment and confirm that the division will be processed without triggering penalties or immediate tax events.

Common mistakes to avoid

  • Relying solely on the divorce judgment without obtaining any plan-level approval or a QDRO when required.
  • Failing to identify all retirement accounts or misunderstanding which funds are community property.
  • Not using a QDRO professional familiar with the plan document and administrator requirements.
  • Missing plan deadlines or failing to follow the administrator’s required format for QDRO submission.

How we help

At Divorce661 we make sure retirement division is done right. We draft the proper judgment language, explain whether a QDRO is required, and if necessary refer you to trusted QDRO professionals who will handle the technical drafting and plan submission. Our goal is to avoid costly mistakes, prevent delays, and make sure your division is accepted by plan administrators and processed penalty-free.

Next steps

If you are going through a divorce and want to make sure your retirement accounts are handled properly, schedule a free consultation at divorce661.com. We will guide you step by step so you can move forward with confidence and peace of mind.

How to Enforce Spousal Support Orders in California | California Divorce

Posted by Tim Blankenship on

 

How to Enforce Spousal Support Orders in California

If you have a court-ordered spousal support obligation that is not being paid, California law gives you several tools to enforce the order and collect what is owed. Below I explain the practical options, the typical enforcement process, and how to move from missed checks to steady payments.

When to seek enforcement

Do not delay enforcement if spousal support payments stop. Whether the nonpaying spouse lost a job, changed employers, or is simply refusing to pay, a court-ordered support obligation carries legal weight. If the order exists and payments are missed, you can file a request to enforce the order with the court that issued it.

The court has a number of remedies to make sure support payments are made. Common enforcement tools include:

Wage garnishment or wage assignment

The court can issue a wage assignment that requires the payer’s employer to deduct support payments from wages and send them directly to you. This is often the most reliable way to restart regular payments once the payer has new employment.

Interest on unpaid amounts

California can allow interest to accrue on unpaid spousal support arrears. This increases the amount the payer owes and provides a financial incentive to resolve arrears quickly.

Contempt of court

If the payer willfully disobeys a court order, the court may hold them in contempt. Contempt remedies can include fines, attorney fees, and in extreme cases, jail. Contempt is typically used when other enforcement measures have failed or when nonpayment is willful.

Other collection tools

  • Bank account levies and liens against property
  • Seizure of assets where appropriate
  • Coordination with the Department of Child Support Services if a child support case also exists

Step-by-step enforcement process

While every case has its own facts, the typical steps to enforce a spousal support order are:

  1. Gather documentation: the court order, records of missed payments, bank statements, and any communication about nonpayment.
  2. File a request to enforce the spousal support order with the court that issued the order. This starts the enforcement process.
  3. Ask the court to issue a wage assignment or other collection remedy. The court will review the request and can order immediate withholding from wages.
  4. If necessary, request interest on arrears and pursue a contempt hearing if the payer is knowingly refusing to comply.
  5. Follow up with the court and the payer’s employer until payments resume or the matter is resolved.

What you should bring to court

  • A copy of the spousal support order
  • Proof of missed payments such as canceled checks, bank statements, or payment records
  • Information about the payer’s employment and income if available
  • Any correspondence or evidence showing attempts to collect payments

Real client example

One recent case highlights how enforcement works in practice. A client stopped receiving spousal support after their ex lost a job and later started working for a new employer. We filed enforcement paperwork with the court requesting a wage assignment. Once the court issued the wage assignment to the new employer, payments resumed automatically and the arrears began to be collected. That kind of outcome is common when the court is asked to intervene early and decisively.

How we can help

Enforcing a support order involves paperwork, correct forms, and sometimes hearings. We help by preparing and filing the enforcement documents, requesting wage garnishments or wage assignments, calculating interest on arrears, and coordinating with agencies like the Department of Child Support Services when appropriate.

If you are not receiving the spousal support the court ordered, visit divorce661.com and schedule a free consultation. We can review your order, explain the enforcement options available, and help you take the right steps to collect what is legally owed to you.

“If support is court-ordered and not being paid, you can file a request to enforce the order.”

How to Enforce Child Support Orders in California | California Divorce

Posted by Tim Blankenship on

 

How to Enforce Child Support Orders in California

If you are supposed to be receiving child support and the other parent has stopped paying or is inconsistent, you have options. California law provides clear tools to enforce court-ordered child support so your child gets the financial support they are entitled to. You do not have to wait or struggle alone.

If there is a court order for support and payments have stopped or are inconsistent, you have the right to take action.

When to take action

Taking action is appropriate as soon as payments stop or become unreliable. Even short gaps in payments can create hardship. The first step is to review your existing court order and confirm what was ordered and whether any modifications are needed. If the order is still valid, you can move straight to enforcement.

How enforcement works

The most common way to enforce a child support order is to file an enforcement request with the court. Once the court is asked to step in, it has several enforcement powers it can use to collect unpaid support and ensure future payments are made.

Typical enforcement process

  1. Gather documentation showing the court order and missed payments.
  2. File an enforcement request or motion with the family court that issued the order.
  3. The court may set a hearing where both parents can present information.
  4. If the court finds noncompliance, it can issue collection and enforcement orders.
  5. Collection orders are implemented through the employer, government agencies, or other enforcement mechanisms until arrears and ongoing support are paid.

Legal tools the court can use

California courts can use a range of enforcement tools. These are commonly used alone or together to compel payment:

  • Wage garnishment or wage assignment issued to the other parent’s employer so support payments are deducted from paychecks and sent directly to you.
  • Liens on property to secure unpaid amounts against real estate or other valuable assets.
  • License suspension including driver licenses, professional licenses, or recreational licenses to apply pressure for payment.
  • Interest on unpaid support which accrues until overdue amounts are paid, increasing the total owed.
  • Coordination with the local child support agency which can provide additional collection resources and administrative enforcement.

What happens to unpaid support

Unpaid child support does not simply disappear. In California, unpaid amounts typically accrue interest until they are paid. That means delays in collecting support increase the total debt. Using enforcement tools quickly helps limit additional accrual and gets payments to your child faster.

Real client example

We recently helped a parent who had not received child support for more than six months. After filing an enforcement request, the court issued a wage assignment to the other parent’s employer. Within weeks the missed payments started coming in regularly and ongoing payments were collected directly from pay. This is a common outcome when enforcement steps are taken promptly.

How to prepare before filing

  • Collect copies of the court order, payment history, and any communication about missed payments.
  • Document the dates and amounts of missed payments and any financial hardship caused.
  • Decide whether to seek enforcement through the court, negotiate directly with the other parent, or involve the local child support agency.

How we can help

We can help you review your court order, prepare the enforcement paperwork, and pursue a resolution through the court or by negotiating directly with the other parent. If needed, we will coordinate with the local child support agency to pursue additional collection options. Our goal is to get the support your child is legally entitled to as quickly and efficiently as possible.

Next steps

If you are not receiving the child support you are owed, do not wait. Schedule a consultation to review your order and start the enforcement process. With the right steps, courts can issue wage assignments and other orders that resume payments in a matter of weeks.

Take action today to protect your child and get the support they deserve.

How to Modify Spousal Support in California | California Divorce

Posted by Tim Blankenship on

 

How to Modify Spousal Support in California

If you have a spousal support order in place and your situation has changed, you may be wondering whether you can modify the amount you pay or receive. The short answer in California is yes — but only when certain conditions are met. You cannot get a court to change support simply because time has passed. You need a material change in circumstances.

What Counts as a Material Change in Circumstances?

A modification request must show that something substantial has shifted since the original order. Examples of material changes include:

  • Job loss or involuntary termination
  • Significant increase or decrease in income
  • Retirement
  • The receiving spouse becoming self-supporting or earning substantially more

Time alone is not enough. The court looks for meaningful, demonstrable changes in finances or needs.

How the Modification Process Works

Here is a practical roadmap for requesting a modification of spousal support:

  1. Review your existing order or agreementStart by closely examining the original judgment or separation agreement. Some agreements include specific modification clauses or time limits that affect how you proceed.
  2. Gather updated financial informationYou will need current income documentation, tax returns, pay stubs, bank statements, and any evidence supporting the change you claim.
  3. File the proper paperworkPrepare and file a request to modify spousal support with the family law court. Include updated financial disclosures and a clear explanation of the material change.
  4. Negotiate or go to courtIf both parties agree to the change, you can draft a stipulation and submit it to the court, often avoiding a hearing. If the parties do not agree, the court will evaluate the evidence and make a decision.
  5. Obtain a formal orderOnce the court approves a modification or the parties file a stipulation, make sure you obtain an updated court order reflecting the new support terms.

Real Client Example

We recently helped a client who had been paying spousal support for nearly 10 years. His income dropped after a career change while his former spouse began earning more. We filed a request to modify support, attached updated financials, and the court approved a reduction in his monthly payment by nearly half.

This kind of result is achievable when you can clearly document the change and present a convincing case to the court or reach a negotiated agreement with the other party.

Documentation to Prepare

  • Recent pay stubs and employer statements
  • Federal and state tax returns
  • Bank statements and proof of other income
  • Documentation of job loss, retirement, or new employment
  • Evidence showing the supported spouse is self-supporting, if applicable

When You Can Avoid Court

One of the fastest, least stressful ways to modify support is by agreement. If both parties are willing to change the terms, you can draft a written stipulation and submit it to the court for approval. This avoids contested hearings and can save time and money.

Final Tips

  • Act promptly once your circumstances change. Delays can complicate the process.
  • Be thorough with financial disclosures. The court relies on accurate, up-to-date documentation.
  • Consider negotiating a stipulation if both parties are cooperative.
  • Get professional guidance to ensure forms are filled out correctly and your case is presented clearly.

Need Help Modifying Spousal Support?

If your spousal support order no longer reflects your current reality, you do not have to navigate the process alone. Visit divorce661.com to schedule a free consultation. We can review your situation, help you prepare the required paperwork, and guide you toward the best path—whether that is a negotiated stipulation or a court-filed modification.

How to Modify Child Support Orders in California | California Divorce

Posted by Tim Blankenship on

 

How to Modify Child Support Orders in California

If you already have a child support order but your circumstances have changed, you may be able to modify the amount you pay or receive. In California, modifying child support is straightforward when there has been a significant change in circumstances. Below I explain what qualifies, how the process works, what evidence you need, and why prompt action matters.

When can child support be modified?

The court will only change a child support order if there is a valid, significant change in circumstances. Common reasons that qualify include:

  • Change in income. A substantial increase or decrease in either parent’s income.
  • Job loss or reduced work hours. Temporary layoffs, prolonged unemployment, or a change to part-time hours.
  • Change in custody or visitation. If the child spends more or less time with one parent, the support guideline can change.
  • New children or support obligations. A new child from another relationship or new court-ordered support obligations.

The court will not modify support for minor, temporary, or speculative changes. You need up-to-date, accurate information to show the change is real and material.

How the modification process works

  1. Determine whether a material change exists. Review your current support order and compare it to your new circumstances.
  2. Run updated calculations. Use the court guideline calculation to estimate a new support amount. Courts use specific software and rules to calculate guideline support.
  3. Prepare and file the proper forms. Complete the family law forms required to request a modification and attach supporting documents.
  4. Serve the other parent. File-proof of service so the court knows the other parent received the request.
  5. Attend the hearing or appear by submission. The judge reviews the evidence and makes a decision. In many cases the parties can agree or the court will schedule a hearing.
  6. Judge issues the modification. If the judge finds a material change, the order will be modified and the court will issue new terms.

What to expect on timing and filing

Act quickly. If your financial situation is worse than when the current order was entered, filing a modification request as soon as possible can make the change retroactive to the date you filed. That retroactivity can prevent or limit arrears and help you get caught up.

Evidence and documents you should bring

Successful modifications rely on documentation. Typical items to include:

  • Recent pay stubs or a termination notice if you lost your job.
  • Two to three years of tax returns when income is in dispute.
  • Proof of new expenses or new dependents, such as a birth certificate for a new child.
  • Custody or visitation orders showing a change in parenting time.
  • An updated budgeting or income and expense declaration showing current finances.
  • Any written offers of employment or unemployment benefit records.

Retroactivity explained

When a judge grants a modification, the change is often retroactive to the date you filed your request with the court. That means if you file promptly after losing a job or after custody changes, the court may reduce support back to that filing date. This retroactive effect can be crucial to avoid accumulating unpaid support or to reduce arrears already owed.

We recently helped a parent who lost their job. Within a few days we prepared and filed the modification request. The judge lowered the support amount and made the change retroactive to the filing date, which helped the parent catch up and avoid falling behind.

Tips for paying parents

  • If you are struggling to pay, do not simply stop payments. Filing a modification request promptly can limit arrears and show the court you are trying to address the problem.
  • Gather payroll records, unemployment notices, and any severance information to show income changes.
  • Be proactive: a quick, accurate filing increases the chance the change will be retroactive and reduces liability for missed payments.

Tips for receiving parents

  • If the other parent claims a loss of income, ask for documentation rather than accepting unverified statements.
  • Keep records of your own expenses and custody time to show your financial needs and parenting time are unchanged.
  • If you fear a payer will underreport income or transfer assets, seek professional assistance to ensure the calculation is accurate.

How we can help

We assist both paying and receiving parents by:

  • Running updated guideline calculations using the court-approved software.
  • Preparing the proper forms and supporting documents.
  • Filing modification requests quickly and correctly with the court.
  • Helping you understand options and protecting your financial future.

To get started and learn whether a modification is likely in your situation, schedule a free consultation at: divorce661.com

Next steps

If your income, job, custody schedule, or family circumstances have changed, do not wait. Gather documentation, run an updated calculation, and file a modification request with the court as soon as possible. Prompt action improves your chance of a fair outcome and can make changes retroactive to the filing date.

When you need help preparing accurate numbers and submitting the correct forms, professional support can make the process faster and reduce costly mistakes. Visit divorce661.com to schedule your free consultation and protect your financial future.

How to Establish Spousal Support in California | California Divorce

Posted by Tim Blankenship on

 

How to Establish Spousal Support in California

Spousal support is one of the most common concerns in a California divorce. Whether you will be paying or receiving support, understanding how spousal support is established can help you make informed decisions, reduce stress, and avoid surprises.

One of the most common questions we get during divorce is how spousal support is decided in California.

Two Types of Spousal Support

California recognizes two distinct types of spousal support. Each serves a different purpose and is determined in a different way.

Temporary Spousal Support

Temporary support is typically ordered early in the divorce process. Its purpose is to provide financial stability for the lower earning spouse while the case is pending. Because it is intended to address immediate needs, courts generally calculate temporary support using an income-based formula that looks at both parties incomes—similar in idea to how child support is determined.

Courts and practitioners often use court-approved software to run these temporary calculations. That helps produce consistent, defensible numbers and gives both sides clarity while negotiations continue.

Long-Term (or Permanent) Spousal Support

Long-term support is decided at the end of the case and is not tied to a fixed formula. Instead, the court examines multiple factors to determine whether support is appropriate, how much, and for how long. These factors aim to balance fairness and to help each party transition to financial independence when possible.

Key Factors Courts Consider for Long-Term Support

When the court evaluates long-term spousal support, it considers a variety of factors. Common examples include:

  • Length of the marriage
  • Each spouse’s ability to earn income, including education, training, and work history
  • Standard of living established during the marriage
  • Age and health of each spouse
  • Contributions to the marriage, including homemaking and supporting the other’s career
  • Custody arrangements and who is primarily responsible for children
  • Assets and debts of each spouse

These factors are weighed together. No single factor automatically determines the outcome.

A Real Example: 12-Year Marriage

Here is a practical example of how the process works. We worked with a couple married for 12 years where one spouse earned significantly more than the other. Early in the case we used court-approved software to calculate a temporary support figure so the lower-earning spouse could maintain stability during the divorce process.

At the end of the case we reviewed the court factors for long-term support—length of marriage, earning ability, and the couple’s standard of living during marriage. By combining the temporary calculations and the court factor analysis, both parties were able to agree on a fair support amount. They gained clarity about finances and avoided costly, time-consuming court battles.

How to Approach Spousal Support — Practical Steps

  1. Gather financial documents. Pay stubs, tax returns, bank statements, and records of expenses are critical.
  2. Run temporary support calculations early. Using court-approved software provides a defensible starting point for negotiations.
  3. Evaluate long-term factors. Consider career prospects, need for retraining, health, and the marriage standard of living.
  4. Negotiate a written agreement. A clear, written settlement that addresses both temporary and long-term support can avoid court hearings.
  5. Obtain court approval. Even negotiated agreements should be presented to the court so they become enforceable orders.

Common Questions

Is temporary support the same as permanent support?

No. Temporary support is intended for the period while the divorce is pending. Long-term support is decided at the end of the case and is based on broader factors rather than a formula.

Can temporary support become permanent?

Temporary support itself does not automatically convert to permanent support. However, temporary figures and the information gathered during the case often inform final negotiations or court decisions about long-term support.

Do I need a lawyer?

You do not always need a lawyer, but having knowledgeable guidance—especially for calculations and drafting enforceable agreements—can save time, money, and stress. Many couples reach fair settlements without court if they have expert support.

How We Help

We guide clients through the entire spousal support process. Our services include:

  • Accurate temporary support calculations using court-approved software
  • Detailed analysis of long-term support factors
  • Drafting clear, court-ready written agreements to avoid litigation
  • Flat-fee divorce and spousal support services for predictable costs

If you need help figuring out spousal support or want to make sure it is handled fairly and legally, schedule a free consultation at divorce661.com. We will help you sort it out and move forward with confidence.

How to Calculate Child Support in California | California Divorce

Posted by Tim Blankenship on

 

How to Calculate Child Support in California

Overview: The Guideline Calculation

In California, child support is calculated using a guideline formula that the courts use. The calculation focuses primarily on two things: each parent’s income and how much time each parent spends with the child. Understanding these elements will help you avoid surprises and plan realistically during a separation or divorce.

What Counts as Income

Income for child support purposes is broader than just your take-home pay. Common items included are:

  • Wages and salary
  • Bonuses and commissions
  • Self-employment earnings and business income
  • Other regular income streams that affect your ability to pay

When preparing for a calculation, gather pay stubs, tax returns, business profit and loss statements, and documentation of any additional regular income. Accurate documentation prevents errors and reduces conflict later on.

How Parenting Time Affects Support

Parenting time, often called custody or time-share, directly impacts the guideline child support amount. Generally, the more time you have with the child, the lower your support obligation will be. That is because the formula accounts for the costs each parent covers while the child is in their care.

The more time you have with your child, the lower your support obligation generally is.

Because parenting schedules vary widely—overnights, extended stays, shared time—the guideline calculation adjusts the support amount to reflect each parent’s actual time with the child.

Why Online Calculators Can Be Misleading

Online estimators can give you a ballpark, but they often miss key factors like accurate parenting time adjustments, health insurance contributions, or nonstandard income items. That can lead to a big difference between an estimate and what the court would order when the official calculation is run.

A Real Example

One recent client expected to pay more than $1,000 a month based on online calculators. When we ran the numbers using court-approved software and included his nearly 50 percent parenting time and his health insurance payments for the child, the guideline amount came out to just under $500 a month. That difference saved him thousands per year and helped both parents reach an agreement quickly.

How the Courts Calculate Support

The courts use approved software that implements the guideline formula. The process typically involves:

  1. Collecting reliable income documentation for each parent
  2. Documenting the parenting schedule and calculating time with the child
  3. Accounting for child-related expenses, such as health insurance
  4. Running the numbers through court-approved software to generate the guideline amount

Using the same tools the court uses reduces surprises and gives you a calculation that stands up in negotiations or in court.

Can Parents Agree to a Different Amount?

Yes. Parents can agree to a child support amount different from the guideline calculation. However, any agreement should be informed and entered into knowingly. If you and your co-parent choose a different amount, it is still wise to document how you arrived at the figure and consider running the guideline calculation first so you both understand the baseline.

Practical Steps to Get Started

  • Gather recent pay stubs, tax returns, and business income statements
  • Write down your proposed parenting schedule and the typical overnight split
  • List child-related expenses you already pay, such as health insurance and daycare
  • Run a guideline calculation using court-approved tools or get professional help
  • Consider formalizing any agreement in a written order to avoid future disputes

Get It Right the First Time

Accurate child support calculations matter. They affect your budget, the child’s well-being, and how quickly you can move through the separation process. Using the correct tools and including all relevant factors—income, parenting time, and expenses—can make a significant financial difference.

If you want help calculating child support correctly and avoiding unnecessary stress or confusion, visit divorce661.com to schedule a free consultation. We use the same court-approved tools to make sure your calculation is accurate and fair, so you can keep the process smooth and focused on what matters most.

How to Determine Child Custody in California | California Divorce

Posted by Tim Blankenship on

 

How to Determine Child Custody in California

If you are getting divorced and have children, one of your biggest concerns is likely custody: where the kids will live and how important decisions about their lives will be made. Custody in California is focused on the best interest of the child, and understanding the types of custody and how to create a practical parenting plan can make the process less stressful.

Types of Custody: Legal vs Physical

California recognizes two distinct types of custody. It is important to know the difference because each addresses a different aspect of parenting after separation.

Legal Custody

Legal custody refers to the right and responsibility to make major decisions for the child. This includes choices about school, medical and mental healthcare, religious upbringing, and other significant matters affecting the child’s welfare.

Physical Custody

Physical custody concerns where the child lives and the day-to-day care arrangement. Physical custody determines the child’s primary residence and the time each parent spends with the child.

Joint Custody vs Sole Custody

Both legal and physical custody can be shared between parents or awarded to one parent alone. In practice, California courts usually prefer joint custody arrangements when those arrangements are in the child’s best interest. Joint custody encourages both parents to remain actively involved in the child’s life, provided they can cooperate for the child’s sake.

The court prefers joint custody when it is in the child’s best interest.

The Best Interest of the Child Standard

All custody decisions in California are guided by the best interest of the child. Courts evaluate a variety of factors to determine what arrangement will promote the child’s health, safety, stability, and emotional well-being.

Common factors considered include:

  • The child’s age and health
  • The child’s ties to home, school, and community
  • Each parent’s ability to provide stable care
  • History of caregiving and the current caretaking arrangement
  • Evidence of domestic violence or substance abuse
  • The ability of parents to cooperate and communicate about the child
  • The child’s preference, depending on age and maturity

How to Create a Parenting Plan That Works

A clear, child-focused parenting plan reduces conflict and makes it easier for courts to approve the arrangement. A good plan covers everyday logistics as well as major decisions.

What to include

  • Daily schedule and which parent the child will live with during the week
  • Weekend and holiday schedules, including how holidays rotate
  • Decision-making authority for education, healthcare, and extracurriculars
  • Exchange locations and transportation responsibilities
  • Communication methods and expectations between parents
  • Procedures for making changes or resolving disputes
  • Provisions for travel, school breaks, and emergency situations

Practical steps to drafting a plan

  1. Talk with the other parent about priorities and what is best for the children.
  2. Draft a schedule and decision-making outline that emphasizes stability for the children.
  3. Include specific details for holidays, school breaks, and handoffs to avoid confusion.
  4. Get the plan in writing and have it reviewed so it can be accepted by the court.

A Real Example

Here is an example of a practical, court-accepted plan that balances stability and shared parenting. The children remained in the family home during the school week, which preserved daily routines and reduced disruption. The parents alternated weekends, giving each parent substantial quality time. Because the plan focused on the children’s needs and was fair to both parents, the court approved it quickly.

Keeping Things Amicable and Out of Court

When parents can work together to create a parenting plan, it minimizes stress for the children and often avoids lengthy court battles. An amicable, well-drafted custody agreement is typically easier for courts to approve because it shows both parents prioritizing the children’s best interests.

How I Can Help

I help amicable couples create child custody agreements that keep things peaceful and out of court. My services include preparing the paperwork, drafting parenting plans that address schedules, holidays, and decision-making, and filing documents so your plan will be accepted by the court.

Services often include flat-fee divorce options, 100 percent remote document preparation and filing, and guidance at every step so you can focus on your children rather than legal stress.

If you need help creating a custody plan that works, schedule a free consultation at Divorce661. Visit https://www.divorce661.com for more information and to book your consultation.

Closing Thought

Child custody is one of the most important aspects of divorce, but with a clear, child-centered parenting plan and cooperative communication, you can create a stable arrangement that serves your children’s best interests. If you want guidance or help preparing documents that the court will accept, reach out and we will guide you every step of the way.

How to Divide Property During a California Divorce | California Divorce

Posted by Tim Blankenship on

 

How to Divide Property During a California Divorce

One of the biggest concerns in divorce is how to divide property fairly. In California, property division follows community property law, which generally means assets and debts acquired during the marriage are split 50/50. Below I explain how that works, what you need to disclose, and practical ways couples reach fair agreements without going to court.

Understanding community property versus separate property

In California, the starting point is to distinguish between community property and separate property.

  • Community property: Assets and debts acquired during the marriage. These are presumptively divided equally.
  • Separate property: Assets or debts owned before marriage, or acquired during the marriage by gift or inheritance. Separate property generally stays with the original owner.
  • Keep in mind that commingling (mixing separate funds with community funds) can change a separate asset into community or partially community, so documentation matters.

Step 1: Identify all assets and debts

Start by making a complete list of everything you and your spouse own and owe. Be thorough. Typical items include:

  • Primary residence and other real estate
  • Cars and other vehicles
  • Bank and brokerage accounts
  • Retirement plans, pensions, 401(k)s, IRAs
  • Credit card debt, mortgages, student loans
  • Personal property such as jewelry, furniture, and even frequent flyer miles

Step 2: Complete and exchange financial disclosures

California requires both parties to complete and exchange financial disclosures. The two key forms are:

  • Schedule of Assets and Debts: Lists every asset and liability, whether community or separate.
  • Income and Expense Declaration: Shows current income, monthly expenses, and other financial details.

These forms give each side a clear picture of what must be divided and help prevent surprises later. Full and honest disclosures are essential.

Step 3: Negotiate a fair division

Once disclosures are exchanged, you can work together to decide who keeps what. Common approaches include:

  • One spouse keeps the house while the other receives a cash buyout or larger share of retirement accounts.
  • Splitting liquid assets and offsetting with unequal division of nonliquid assets so the overall result is fair.
  • Dividing debts so each party leaves the marriage with an equitable share of obligations.

As long as the division is fair and both parties agree, the court generally approves the settlement. The goal is an outcome that reflects a roughly equal split of the community estate, even when specific items do not split exactly 50/50.

Common issues and practical tips

  • House: Decide whether to sell and split the proceeds, one spouse buys the other out, or one spouse keeps the home and the other receives other assets to equalize the division.
  • Retirement accounts: These often require a Qualified Domestic Relations Order (QDRO) or similar instrument to divide tax-qualified plans. Plan ahead for tax consequences and timing.
  • Debts: Make sure agreements specify responsibility for debts to avoid future liability surprises.
  • Documentation: Keep records that show how values were determined and how commingling was handled.

Real client example

Here is a simple illustration of a practical settlement I helped negotiate. The couple had two cars, a home with equity, and retirement accounts. To reach a balanced result we agreed on the following:

  • One spouse kept the house and agreed to buy out the other spouse’s share of the equity.
  • The buying spouse provided a buyout payment and also transferred a portion of their 401(k) to balance the overall division.
  • The cars and other smaller assets were divided so both parties left with comparable value.

The settlement was straightforward, fair to both sides, and approved by the court without issue.

Drafting a marital settlement agreement

A clear, enforceable marital settlement agreement records how property and debts are divided. Important elements of a good agreement include:

  • Plain English descriptions of each asset and debt and who gets what.
  • Specifics on buyout amounts, payment timing, and how retirement plans will be split.
  • Language that ensures the agreement complies with California community property law.
  • Provisions assigning responsibility for debts and handling any tax issues.

A well-drafted agreement reduces the risk of future disputes and increases the likelihood the court will accept the settlement the first time it is submitted.

How I help clients

I work with couples to draft marital settlement agreements that are clear, legally compliant, and easy to enforce. The focus is on avoiding court, reducing conflict, and getting the division done right. Services include:

  • Guiding you through identifying and valuing assets and debts
  • Preparing and reviewing financial disclosures
  • Drafting plain-English settlement agreements tailored to your situation
  • Ensuring agreements comply with California law and court requirements

Ready to move forward?

If you are ready to divide property fairly and move forward with confidence, schedule a free consultation at divorce661.com. I will help make sure everything is handled properly so you can avoid court, avoid conflict, and get it done right.

Question for you: What do you think is the hardest property to divide in a divorce—the house, retirement accounts, or debts?

How to Appeal a Divorce Judgment in California | California Divorce

Posted by Tim Blankenship on

 

How to Appeal a Divorce Judgment in California

Can I appeal my divorce judgment?

If your divorce judgment left you feeling blindsided, that feeling alone is not enough to win an appeal. Appeals are not a second chance to argue that the outcome was unfair. Instead, an appeal challenges legal errors made by the trial court. If the judge misapplied the law or made a clear mistake in calculation, there may be grounds to appeal. If the problem is simply an emotional disagreement with the result, an appeal will almost certainly fail.

Appeals focus on legal errors, not emotional grievances.

The critical deadline: 60 days in California

In California you have 60 days from the date the judgment is entered to file a notice of appeal. This deadline is strict. If you think an appeal might be necessary, act quickly. Missing the 60 day window will usually eliminate the option to appeal.

What do appellate courts actually review?

Appellate courts do not retry your case. They review the record to determine whether legal error occurred. Common issues that may justify an appeal include:

  • Misapplication of statutes or legal principles
  • Clear miscalculation of child support or spousal support
  • Procedural errors that deprived a party of a fair hearing
  • An abuse of discretion by the trial judge when the law sets limits on the judge’s choices

Appellate courts evaluate different issues under different standards. Legal questions are often reviewed de novo. Discretionary decisions are reviewed for abuse of discretion. Findings of fact are reviewed for substantial evidence. Because these standards matter, a specialist appellate attorney is the best person to assess whether an issue is appealable.

How to decide whether to appeal

Before filing an appeal, take these steps:

  1. Confirm the entry date of the judgment so you know the 60 day deadline.
  2. Gather the record: the judgment, minute orders, financial declarations, and trial transcripts if available.
  3. Identify the specific legal error you believe occurred. Avoid vague claims like that the result is unfair.
  4. Consult an appellate attorney to evaluate the strength of the issue and advise on procedure and likely costs.

Getting a second set of eyes early can save thousands of dollars and a lot of stress. Sometimes a careful review shows that the original decision was legally correct, and an appeal is unnecessary.

A real example

We once worked with someone who believed their spousal support order had been miscalculated. Instead of immediately filing an appeal, we reviewed the math and the supporting documents. The numbers were correct. By confirming that the order was accurate, the client avoided the time, expense, and frustration of a pointless appeal.

How I can help

I offer an honest review of divorce judgments and will help determine whether an appeal is a realistic option. If your case has merit for appeal, I can refer you to experienced appellate counsel. If an appeal is not warranted, I will tell you so and explain why. The goal is to empower you to make an informed decision and avoid unnecessary legal expenses.

Next steps

If you are considering an appeal or simply want a professional review of your judgment, schedule a free consultation. Visit Divorce661.com for a free case review and referral to appellate attorneys when appropriate. Acting quickly preserves your rights and gives you the best chance to move forward confidently.

Remember

  • An appeal must focus on legal errors, not just dissatisfaction.
  • The 60 day deadline in California is strict.
  • Consulting an appellate attorney early can save time and money.