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Los Gatos post-divorce enforcement lawyer

Separating from a spouse or partner can be emotionally challenging, but a separation or divorce can be even more difficult when it affects a parent’s relationship with their children. Because of this, issues related to child custody are often some of the most contentious matters involved in divorce cases. However, regardless of the decisions made about custody, one parent is often ordered to pay child support. These payments are meant to provide for a child’s needs, and if a parent is not meeting their court-ordered obligations, it is important to understand the legal options available to ensure that children receive the support they deserve. 

My Former Spouse Is Not Paying Child Support 

According to the Federal Government’s report on Custodial Mothers and Fathers and their Child Support, there are more than 13 million single custodial parents living throughout the United States. Just under half of those parents have an established child support agreement with their child’s other parent. Unfortunately, many custodial parents never actually receive the money their children are entitled to. According to the study, throughout 2016, less than 70% of all child support was actually received by the custodial parent. This means that many parents are failing to fully pay their child support obligations, or they are neglecting to pay them altogether. 

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Los Gatos, CA post-divorce changes attorney

When a couple chooses to end their marriage, the process of separating from each other can be incredibly complicated. The vast majority of couples do not only share a life together, but they also share assets, financial accounts, and, in many cases, children. Because of this fact, the decisions made during divorce can have a drastic impact on the lives of both parties. Most notably, decisions involving spousal support and child custody can be significant. However, these critical decisions are not always final. In cases in which one party’s situation has significantly changed, a person can pursue a post-divorce modification

Areas Considered for Modification 

When a substantial change in circumstances occurs for one or both divorced spouses, one spouse may elect to file for a petition for modification, asking the court to modify the divorce decree. The two most common areas in which these modifications are petitioned for are: 

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Los Gatos family law attorney for child custody

When a couple makes the difficult decision to pursue a divorce, it is fair to say that they are likely entering a challenging time in their lives. A divorce represents a new chapter for both parties, but it can also come with some significant conflicts. A couple will be forced to resolve various issues as they go about the process of dissolving their marriage. These issues can range from the allocation of marital assets to the separation of bank accounts. One of the most consistently contentious aspects of many divorces is child custody. For divorcing parents, it is important to understand the steps you can take to ensure you will remain a significant presence in your child’s life. 

Child Custody in California 

Here in the state of California, when a child custody case cannot be resolved through mediation, a judge ultimately will decide where the child will primarily reside. The judge will do this by evaluating what is in the best interests of the child. They will consider a variety of criteria, including which parent will provide a safer environment for the child and whether the child would benefit from consistently being around one or both parents. It should be noted that the judge will not consider the gender of each parent when evaluating a case and making their decision. 

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Los Gatos, CA divorce mediation attorney

When you choose to end your marriage and obtain a divorce, the emotional process can be incredibly turbulent for everyone involved. Separating from a person you once loved and lived with can be one of the most difficult times in your life. The divorce process can be especially challenging when children are involved. For fathers, divorce can be downright scary, due to the fact that they are often perceived as being at a disadvantage in decisions related to child custody. However, with the proper preparation, you can protect your rights as a father and ensure that you will be able to maintain a close relationship with your children.

Addressing Child Custody Issues as a Father 

Nothing terrifies a parent more than feeling as though they may lose the ability to spend time with their children. As a father, you may have to grapple with the possibility that the judge will side with your children’s mother in your divorce case. Because of this, it is important for you to showcase your willingness to be the best parent possible as you work to secure significant custodial privileges. Taking these steps can be beneficial for your case:

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Los Gatos divorce attorney child custody mediation

The divorce process presents a unique set of challenges in each individual case. For parents, a divorce can significantly alter their relationships with their children. In many cases, divorcing parents will be fighting for custody of their children, and as this battle for custody takes place, many parents forget what should truly be at the forefront of the conversation: what is best for the children. In many cases, mediation can be used to resolve these issues amicably while keeping children’s best interests in mind.

The Benefits of Mediation in Child Custody Cases

During the mediation process, divorcing parents will work together with a neutral mediator to reach an agreement about child custody and visitation. Mediation can provide many benefits, including:

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Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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408-395-8822
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