Is Spousal Support Like a Source Of Income In Divorce?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation attorneys; California Divorce MediatorsIt often happens that during a marriage the wife sacrifices her career to become a homemaker. In some cases, the husband also sacrifices big career choices for the family. But after a divorce such individuals find it hard to get back into the workforce. Spousal support does exist for the partner who is less well-off than the other partner but can it be a source of income?

Spousal support is a type of financial assistance that is provided to a partner as a recognition for his/her contribution to the marriage. Legally married couples are entitled to alimony and the rules vary from state to state. Law courts in California offer financial assistance based on factors like marriage duration, earning capacity of each partner and contribution to the household.

Different types of spousal support

There are different types of spousal support depending upon the spouse’s condition and the amount of monetary help needed by them.

Transitional spousal support provided to individuals who want to pursue training or education necessary for re-entry into the job market. Transitional support is usually awarded in short marriages where an individual may require additional resources to find employment. Compensatory spousal support is awarded to individuals who have made significant financial or educational contributions. The compensatory support is given in only rare cases.

Maintenance spousal support is the most common type of spousal support and is given by one spouse to the other for a specified or indefinite time. Maintenance support is common in long-term marriages where a significant earning gap exists between the two spouses.

Taxes involved

Individuals who receive spousal support are liable for paying taxes.  Spousal support is treated as income and tax is deducted according to the amount received.  However, under the 2017 Federal Tax law that passed in December 2017, spousal support will no longer be tax-deductible for new or modified spousal support orders made after December 31, 2018.

Conclusion

The spousal law varies from state to state and most courts treat it as a necessity for divorced individuals who don’t have a job. Spousal support is treated as an income and is taxed accordingly. There are different types of spousal support depending upon the condition of the spouse receiving the support. Spousal support ranges from short-term payments to long-term payments and covers individual expenses before they find a suitable job for themselves.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation

Financial Tips for Divorced Women

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediators; California Divorce MediatorsAre you a divorced woman and are a bit overwhelmed by the amount if bills appear to simply pile up? If that is so, you definitely need some kind of financial guidance. After your divorce, your standard of living changes. So, finding a proper financial assistance, paying bills and organizing are some of the prime tasks you need to embark upon.

Why divorced women need financial help

According to an estimate, about 40 percent of the divorced women have a new standard of living after their divorce comes through. Though in many cases the alimony provided by an ex-spouse could pay for living expenses, that still may not be adequate to provide all the expenses and lifestyle that they were used to while being married. The alimony they get after the divorce may not be adequate to take care of all the bills.

Moreover, the condition is even worse for some divorced women who do not even know how to pay their bills since they did not do these tasks while married. So, they are at a loss where and how to start from as far as the question of paying the bills and organizing their financial things pop up. In such scenarios, these women require some handy tips for paying their bills so that they are on a right track.

Tips for divorced women to pay their bills

  • Collect all the bills that you have received in one place for each month.
  • Now separate these bills on the basis of their due dates or depending on the frequency of their payment, For instance, if you have to pay twice a month for some bills, you can make two different piles. One pile to be paid at the month’s beginning and the second pile to be paid at the end of the month.
  • Creating a monthly budget is very important so that you know how much monthly income is left with you after making the bill payments. This will also help you to make timely payment for your credit cards. So, paying the bills should be the first priority. You can then use the remaining money for the rest of the expenses.
  • Put all the checks for your bills in separate bill payments to be prepared for the month. In case you make your bill payments through banks, set up your payment in advance to avoid last moment tension.
  • After you get paid, mail your first lot of bill envelopes that are due for the month’s first half. You can repeat the same procedure when you receive your second paycheck.

Are you facing difficulty with writing checks? Do not worry as you can get online instructions to fill them. In case you are interested in making online bill payments, you should get in touch with your bank and find out whether they provide such services or not. If they are offering the service, their representative would definitely help you with the entire process. There are some companies that accept payments on their corporate websites or over the phones. You can get to know the details from the bills sent to you or by calling the payment center of the company.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation

The Effect of Divorce on Immigration Status

Posted by: Gerald A. Maggio, Esq.

Riverside divorce lawyers; California Divorce MediatorsSo, you are not from the U.S. but getting divorced? It could be a big problem because it could affect your immigration status unless you are already an U.S. citizen.

There are many questions which people ask during a divorce. One important question is the question of green card and immigration status. If you are in the process of getting your green card but are also getting divorced, what then? Will your application be rejected?

Divorce effect on conditional permanent residence

You receive a conditional permanent residence when, the time of admission, you have been married for not more than two years. If you want to attain permanent residency, then you have to apply to the U.S. Citizenship and Immigration Services (USCIS) before the second year of your immigration admission. If, at the time of application, you are still married then you will become a permanent resident. But if your marriage fails then you can be liable for deportation.

Immigration applications after a divorce

There are strong laws that govern the status of an immigrant during a divorce proceeding. If you or your spouse are both immigrants, then you need to first get permanent residential status before you can get married on U.S. soil. If one of you is a U.S. citizen, then it becomes easier for the other to become a permanent resident.  In the case of a divorce, if you are still an immigrant when you filed for your divorce, chances are your residency status will be terminated and you will be sent back to your home country. But if you are separated and not yet divorced then the situation is not that grim. Because you are still legally married to one another, the court will strongly consider this fact.

Staying in the U.S. after a divorce

In case you choose not to withdraw your immigration application, you can be granted conditional residency. But it all depends on which state you are in and what the state laws say. The conditional residency is possible through a waiver.

If your marriage was based on good faith, you might not get that green card you applied for but you might get a conditional residency. For getting a green you must have stayed in the U.S. for a certain amount of time or have married an U.S. citizen. Situations are not always bad. It depends partly on your luck and partly on state laws.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.

How To Make Joint Custody Work

Posted by: Gerald A. Maggio, Esq.

child custody mediation Orange County; California Divorce MediationIf you are recently divorced and have joint custody of your children with your former spouse, then things could get a bit tricky. However, there is no reason that you cannot have a good, equitable co-parenting relationship with your former spouse for the benefit of your children. By taking decisions together, presenting a united front, and managing schedules well, you and your ex-partner can actually make joint custody work amazingly well. Here are a few things that can help when you share custody of your child.

  1. Remember that your child comes first, always

After a recent divorce, it can be hard to put animosity aside, but it is necessary that you do so if you have joint custody of your child with your former spouse. Remember, a bad spouse does not make a bad parent, and making your child the central feature of all your discussions with your former spouse can help you keep animosity at bay and really concentrate on what matters. Make sure you communicate openly with both your child and your former spouse, and never undermine your former spouse’s parenting skills in front of your child. That said, you should actively expect the same consideration from your former spouse.

  1. Make the schedule work

When setting up a schedule, there are important things both you and your former spouse need to disclose. You need to take all of your commitments into consideration before coming up with a schedule. Discuss and share holidays, school breaks, weekends, birthdays, and more beforehand to avoid unpleasantness down the road. If your child is old enough, involve them in the process. Always make sure that both of you schedule around your child’s schedule. The less disruption there is to your child’s established schedule, the better.

  1. Leave room for change, and review the agreement periodically

This can be difficult to do when coming up with a custody agreement, but it is very important. Leaving room for flexibility can greatly benefit you and your child in the long run. Discuss what happens if either parent has to leave town due to an emergency or difficult career changes cause issues. Be open to changing the agreement when required to ensure that your child gets adequate attention from both parents.

Reviewing the agreement periodically not only lets you form a stronger co-parenting bond with your former spouse but also lets you look realistically at obligations and commitments that both of you have. Age-related adjustments are frequently required, as a custody agreement that benefits your child at age 4 might not necessarily do so at age 10. Make these adjustments as and when needed with your lawyers or mediators.

Remember, having joint custody is an arrangement that can work out well for your child. It can make them feel loved, and secure in their relationships with both parents. Therefore, it behooves both you and your former spouse to make the agreement as beneficial as possible for your child. With a little bit of work, joint custody can be good for everyone involved.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation