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.

How to File for Divorce Online in California | California Divorce

Posted by Tim Blankenship on

 

How to File for Divorce Online in California

Why file your divorce online?

California now supports electronic filing for divorce in most counties. That means you can avoid courthouse visits, reduce waiting time, and handle your case remotely. Filing online makes the process more efficient and less stressful for both parties when the divorce is amicable.

What we handle for you

We prepare every required document to make sure your filing is accurate and complete. That includes core forms like the petition and summons and any additional paperwork your county requires. Our team submits your documents directly to the court using e filing, streamlining the entire process from start to finish.

Step by step process

  1. Prepare the paperworkWe complete all necessary forms for your situation. That typically starts with the petition and summons and may include financial disclosures and settlement documents.
  2. File onlineWe submit your complete packet through the court system electronically. Most California counties accept e filing and our team knows how to submit documents correctly so the court accepts them without delay.
  3. Serve the other partyWe arrange for proper service of process so the opposing party is notified according to California rules. Service can also be handled remotely in many situations.
  4. Finalize the caseOnce all requirements are met and the court issues the judgment, we confirm the final judgment is processed so your divorce is complete.

Real example: a Los Angeles County success story

One of our clients in LA County completed their divorce without ever stepping into a courtroom. Everything was filed, served, and processed quickly using our online system. The case moved forward in days instead of weeks and concluded remotely. That same process is available for most counties across California.

Benefits of using a full service online solution

  • 100 percent online filing, service, and final judgment handling
  • Flat fee pricing with no surprise charges
  • Fast and efficient submission through e filing systems
  • Reduced stress by avoiding courthouse lines and in person appearances
  • Experienced support to prevent common mistakes and ensure documents are accepted by the court

What to expect and common questions

Most divorces handled online are for couples who are amicable or have agreed on terms. If your case involves complex disputes or contested issues, you may still need additional services or court appearances. When you work with a full service online provider, you will know exactly which forms are required and how timelines work in your county.

“Fast, simple, and stress free”

Ready to get started?

If you want to file your divorce online in California, begin by scheduling a free consultation. We will review your situation, confirm the required forms, and walk you through the timeline. Visit divorce661.com to start your free consultation and get it right the first time.

Key takeaways

  • Most California counties accept e filing for divorce.
  • Online filing can eliminate courthouse visits and speed up processing.
  • A full service provider can prepare forms, e file, arrange service, and follow through to final judgment.
  • Flat fee pricing and remote handling make the process predictable and less stressful.

How to Deal with Hidden Assets in a California Divorce | California Divorce

Posted by Tim Blankenship on

 

How to Deal with Hidden Assets in a California Divorce

Hiding assets during a divorce in California is not just unfair. It can lead to serious legal consequences. Both spouses are required to fully disclose all assets and income so courts can reach a fair settlement. If you suspect your spouse is hiding money, property, or income, acting quickly and methodically is key to protecting your rights.

Why full disclosure matters

Both spouses must disclose all assets and income.

Transparency is the foundation of an equitable divorce. When one spouse hides assets, it skews the division of community property, child support, and spousal support. Courts expect complete financial disclosure, and intentional omissions can result in sanctions, adjustments to the settlement, or other legal penalties.

Common red flags that may indicate hidden assets

  • Missing bank or investment accounts from financial disclosures
  • Sudden unexplained drops in reported income
  • Large, unexplained withdrawals or transfers
  • Unreported side businesses or cash income
  • Inconsistencies between tax returns and bank deposits

How we uncover hidden assets

Uncovering hidden assets takes patience and a methodical review of financial records. A few of the most effective strategies include:

  1. Carefully reviewing financial disclosures and comparing them line by line with bank statements and investment records.
  2. Matching tax returns with bank deposits to identify unreported income. This technique has helped clients recover thousands that were initially concealed.
  3. Engaging forensic accountants when income streams are complex or when there are business interests and cash transactions.
  4. Requesting official records and subpoenas when necessary to compel the production of hidden documentation.

Real client example

One client suspected her spouse of hiding income from a side business. By comparing tax returns with bank deposits we discovered thousands of dollars in hidden earnings. That discovery changed the settlement and ensured she received her fair share. This is a clear example of how matching tax returns with bank deposits can be a powerful tool.

The role of forensic accountants

Forensic accountants are specialists in tracing financial activity, spotting patterns, and converting complex financial information into evidence that holds up in court. They can:

  • Analyze bank deposits, transfers, and cash flows
  • Identify discrepancies between reported income and actual deposits
  • Provide expert reports and testimony when needed

What you should do if you suspect hidden assets

If you suspect your spouse is hiding assets, take immediate action. Delays can make evidence harder to find and give the other side time to move funds. Start with these steps:

  1. Preserve all financial documents you already have, including bank statements, credit card statements, and tax returns.
  2. Request full financial disclosures through the divorce process and review them carefully.
  3. Look for red flags like missing accounts, unexplained withdrawals, or income inconsistencies.
  4. Consult with professionals who can help, such as an attorney and a forensic accountant.
  5. When warranted, use legal tools to request records or subpoenas to compel disclosure.

How we help

At Divorce661 we specialize in identifying discrepancies and requesting the records needed to uncover hidden assets. Our services include reviewing, filing, and tracking all paperwork. We also work with a trusted network of forensic experts to strengthen your case when necessary. Our flat fee approach means no hidden costs and transparent pricing, and we offer remote services throughout California to make the process easier for you.

Protect your fair share

Hidden assets can drastically alter the outcome of a divorce. By carefully reviewing financial disclosures, using targeted tools like matching tax returns with bank deposits, and bringing in forensic expertise when needed, you can uncover the truth and secure a fair settlement.

If you are worried that your spouse may be hiding money or income, do not wait. Schedule a free consultation at divorce661.com so we can help you protect your rights and pursue a fair resolution.

How to Handle Inheritance in a California Divorce? | California Divorce

Posted by Tim Blankenship on

 

How to Handle Inheritance in a California Divorce?

Got an inheritance and worried your spouse might get half of it in a divorce? In California, inheritance is usually considered separate property. That means it generally belongs to the person who received it, even if it came during the marriage. But there are important exceptions to know. Understanding how separate property differs from community property can save you from unexpected surprises during a divorce.

Separate Property vs Community Property

In California, things you inherit are typically treated as separate property. Separate property remains yours alone. Community property, on the other hand, is owned equally by both spouses and is subject to division in a divorce.

Why this matters: if your inheritance stays separate, your spouse normally has no claim to it. If it becomes commingled with marital assets, it can lose that protection.

How an Inheritance Can Lose Its Separate Status

Commingling is the main risk. Once inherited funds are mixed with community assets, tracing the original source becomes necessary to preserve separate ownership. Common ways commingling happens include:

  • Depositing inheritance into a joint bank account
  • Using inherited money to pay household bills or shared expenses
  • Spending inheritance on improvements to the marital home
  • Transferring inherited assets into accounts or property titled in both spouses names

Why home improvements matter

Using inheritance to upgrade or pay down the mortgage on the family home can convert some or all of that inheritance into community property. The community may acquire an interest in the increased value of the home or in mortgage equity paid with inherited funds.

Real Case Example: Tracing a $100,000 Inheritance

We helped a client who inherited $100,000 and used part of it for home improvements. Because the funds were mixed with marital resources, we traced where the money went and documented what portion remained separate.

What tracing achieved in this case:

  • Identified the amount that was still separate and preserved that portion
  • Determined which expenditures effectively converted part of the inheritance into community property
  • Included clear documentation in the divorce paperwork so the judgment was court approved and dispute free

How to Protect an Inheritance in a California Divorce

Protecting inherited assets takes planning and documentation. Here are practical steps you can take right now:

  1. Keep inherited funds separate — open and use a single-owner account in your name for inherited money.
  2. Document the source — keep wills, beneficiary designations, probate documents, and any letters that show the funds were an inheritance.
  3. Avoid commingling — do not deposit inherited funds into joint accounts or use them for joint expenses unless you intend them to become community property.
  4. Trace expenditures — if some inherited funds were used for marital property, keep receipts, bank statements, canceled checks, and other records to show how the money was spent.
  5. Consider written agreements — agreements that clarify whether certain funds remain separate can prevent disputes later.
  6. Get your judgment court approved — ensure divorce paperwork and any property division is properly documented and approved by the court to reduce future challenges.

Key Documents to Keep

  • Bank statements showing deposits of the inheritance
  • Receipts and invoices for expenditures paid with the inherited funds
  • Probate orders or beneficiary statements
  • Written communications indicating the money was intended as an inheritance
  • Any agreements or disclosures signed during the marriage

Final Thoughts and Next Steps

Do not leave inherited assets to chance. If you have received an inheritance and want to protect what is yours, take action now. Proper documentation and timely tracing can preserve separate property rights and prevent surprises during a divorce.

We help identify what is separate versus community property, trace funds when needed, and prepare court approved divorce paperwork that protects your inheritance and reduces disputes. For a free consultation, visit Divorce661.com and schedule a call to discuss your situation and next steps.

How to Divide Stock Options in a California Divorce | California Divorce

Posted by Tim Blankenship on

 

How to Divide Stock Options in a California Divorce

Stock options and restricted stock units (RSUs) are common compensations, but in divorce they can feel like a maze. In California, the basic rule is straightforward: stock options and RSUs earned during the marriage are usually community property. The hard part is separating the community portion from any separate property. This article explains how courts and attorneys approach that question, why the time rule matters, and what you should do to protect your fair share.

Are stock options and RSUs community property in California?

In California, stock options earned during the marriage are usually considered community property—even if they are unvested.

That means stock compensation granted or earned while you were married is typically treated like income, retirement, or other community assets. But not every option or RSU is automatically split 50/50. The distinction between community and separate property depends on when the option was earned and how much of its value was accrued during the marriage.

Why dividing stock options is tricky

  • Many awards vest over time. An option granted before marriage may vest during the marriage or after separation.
  • Unvested awards still have potential value, and courts often treat vested and unvested awards similarly for division purposes.
  • Valuation can be complicated. Market value, strike price, tax implications, and timing of exercise all affect value.
  • Company rules, termination clauses, and change of control provisions can change the real-world value of the award.

The time rule: how courts determine the community portion

The most common method to divide options and RSUs is the time rule. The idea is simple: determine how much of the award was earned during the marriage and allocate that portion to the community estate.

A basic version of the time rule formula looks like this:

  1. Identify the total vesting period for the award (for example, a four year vesting schedule).
  2. Measure how much of that vesting period occurred while the couple was married.
  3. Community portion = time vested during marriage divided by total vesting period.

Example: Suppose an RSU grant vests over four years. If the couple was married for two of those four years, the community portion is 2 divided by 4, or 50 percent. That means half of the award is treated as community property and subject to division.

This formula can be adjusted for grants made before marriage, after marriage, or in situations where employment and vesting cross the date of separation or divorce. Courts and attorneys will carefully define the start and end dates used in the calculation to avoid disputes.

A real-life example

We helped a client who faced a spouse with a large number of unvested RSUs. By applying the time rule we were able to determine exactly what portion of the RSUs had been earned during the marriage. Then we wrote that allocation into the settlement agreement with clear, precise language. The court approved the agreement without issue because the community versus separate allocation and the mechanics for implementing it were spelled out clearly.

Unvested versus vested awards: what to watch for

  • Unvested awards can still be community property if the vesting or grant overlapped the marriage.
  • Vested awards are easier to value, but factors like exercise windows and tax consequences still matter.
  • Make sure the agreement addresses who pays taxes, who pays exercise costs, and what happens if employment ends before exercise.

How to protect yourself in the agreement

A well-drafted settlement agreement reduces the chance of future litigation. Key items to include are:

  • Exactly which grants are being divided and how the community share is calculated
  • The method and timing for transferring or allocating the community share
  • Responsibility for taxes, withholding, and exercise costs
  • Contingencies for change of control, termination of employment, or company actions
  • Clear definitions of dates used in any time rule calculations

Vague or incomplete language invites disputes down the road. If the agreement does not clearly explain who gets what and how it will be implemented, future courts or accountants may interpret it differently.

Why professional guidance matters

Stock options and RSUs involve technical valuation, tax consequences, and precise drafting. Experienced legal guidance helps ensure you get a fair division and that the agreement is enforceable. Professionals can:

  • Identify which portion of stock awards is community versus separate
  • Apply the correct formulas and define dates precisely
  • Draft agreement language so there is no confusion later
  • Handle all paperwork and court submission requirements

If you or your spouse has stock options or RSUs, do not leave this to chance. Having an attorney or team who knows how to apply the time rule and draft clear, court‑ready provisions will protect your fair share.

Ready to get your fair share?

We handle identification, valuation allocation, and drafting for stock options and RSUs so your settlement is clear and court approved. We offer flat fee services for amicable divorces and will walk you through the steps to ensure your assets are divided correctly.

Take action today. Visit Divorce661.com to schedule a free consultation and secure the guidance you need to divide stock options fairly and avoid complications later.