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Los Gatos, CA divorce attorney child support

When a couple decides to get a divorce, the entire family will experience the ramifications of their decision. For parents, issues surrounding child custody and child support are at the forefront of all decisions. In the state of California, if one parent is awarded the majority of parental responsibilities, including physical custody, he or she likely will be entitled to significant child support. As you navigate the divorce process, it is critically important to have a skilled attorney by your side to protect your rights. 

Establishing Proper Child Support Payments 

In the state of California, child support payment totals are calculated by combining the income of both parents and asking the non-custodial parent to pay his or her fair share of compensation for childcare. In order to accurately calculate a fair number, California courts will also consider the quality of life the child had prior to the separation, the child’s physical and emotional health, and the overall financial needs of the child and the primary custodial parent. When it comes to issues as critical as child support, you need the support of an experienced legal professional. A skilled attorney can help present all relevant criteria to the California court system and ensure that you receive the financial support you need from your former spouse. 

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Lost Gatos, CA divorce attorney asset division

While all divorces can come with their fair share of complications, the financial aspects of a high-asset divorce can be increasingly complicated. The state of California is a community property state and all shared assets are supposed to be equitably distributed in the divorce, but unfortunately, this does not always happen. In many instances, a divorcing spouse may hide or fail to disclose assets in an attempt to keep them out of the divorce proceedings. If you believe that your spouse is hiding a significant amount of the assets that are meant to be divided between the two of you, it is time to speak with your attorney. You should not jeopardize your financial future simply due to your spouse hiding assets.  

How to Search for Hidden Assets 

If you believe your spouse is hiding assets from you, it is important to inform your attorney as quickly as possible. You and your attorney then need to inform the court in order to invoke the disclosure or discovery process. While this is taking place, you can begin searching for hidden assets on your own. If you believe that your spouse is hiding financial assets, you may be able to find bank statements or stock certificates hidden in the house. If the home search is inconclusive, you should speak with your bank. 

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Los Gatos, CA divorce attorney child custody

When parents choose to get divorced, or when unmarried couples do not live together, disputes over the custody of children can become highly contentious. During these types of cases, parents will want to understand how they can address their children’s needs and avoid acting in a way that will cause their children to experience emotional harm. They will also want to be sure to understand the best steps to take to resolve child custody issues in a way that protects their parental rights while providing for their children’s best interests. During these types of cases, you will want to be sure to avoid the following mistakes:

  1. Acting in a Hostile Manner: The strong emotions involved in child custody cases can lead parents to behave in a way that could negatively impact their case. Be sure to refrain from speaking negatively about the other parent in front of your children, on social media platforms, or in court. It is best to remain as calm as possible and try to avoid arguments with the other parent whenever possible. Instead, conduct negotiations through your attorney or during mediation, limiting the possibility of angry outbursts or heated discussions. 
  2. Violating the Court’s Orders: During the divorce process or while a child custody case is pending, the court may issue temporary orders regarding matters such as visitation schedules or child support. Failure to follow these orders could result in the court deciding against you in your case. During this time, be sure to pick up and drop off your children on time, and do not attempt to take the children when it is not your time to have them. It is also important to make child support payments on time and in the full amount according to the order. 
  3. Not Focusing on Your Children: Even though you will likely be putting a great deal of time and energy toward legal matters, it is important to be sure you are taking time for your children as well. When making decisions about child custody, the court may evaluate your parenting skills, and you will want to demonstrate that you are closely involved in your children’s lives. Be sure to have a firm understanding of your child’s academic performance and extracurricular interests, and make sure you can provide your child with a safe, stable, and comfortable home life. If the court feels that you are not fully engaged as a parent, or if you are unable to provide your child with a safe home, this could have a negative effect on decisions about child custody. 

Contact a Los Gatos, CA Child Custody Lawyer

With years of experience helping clients throughout the entirety of the divorce process, Attorney Benita Ventresca will do everything in her power to help you reach a positive outcome to your child custody case. To schedule a complimentary consultation with an experienced Los Gatos, CA family law attorney, call us today at 408-395-8822. We serve clients in the Los Gatos, Sunnyvale, Saratoga, Cupertino, and San Jose areas.

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Los Gatos divorce mediation attorneyDivorce mediation can be an excellent avenue for couples to reach compromises on the various issues that must be addressed in order to dissolve their marriage. Since courtroom litigation can cost both parties valuable time and money, mediation is a popular alternative, and it can allow a couple to address and resolve each individual aspect of their divorce with the help of a trained and licensed mediator. While divorce mediation can be beneficial for divorcing couples and their children, there are times when the process can stall, and in some cases, it may fail altogether, requiring spouses to find alternative ways of resolving their disputes.

Signs That Mediation Is Not Working For You 

Mediation can take some time to complete, especially when you need to address multiple complex issues related to your children, your property, and your finances. However, there are a number of signs that the mediation process has broken down and is not working. For example, one spouse may consistently make personal attacks during mediation, use mediation time to voice frustration and anger over the divorce, or refuse to remain on topic when discussing issues. If you have spent a number of hours in mediation and have failed to reach an agreement on many of the remaining issues that you need to resolve, it may be time to pursue an alternative resolution strategy. 

What Are My Options? 

If you and your spouse are finding the mediation process difficult, you may want to consider taking a break before resuming discussions. In many cases, stepping away from the process can provide a new perspective for both parties, and this can lead to more constructive discussions at a later date. If you feel unhappy with the process because of the compromises you are required to make, you should take a look at whether your spouse is also making compromises. If it seems as though you are the only one who is willing to give any ground, and your spouse is refusing to meet you halfway, then you may need to find other alternatives for resolving your disputes. 

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Posted on in Divorce

Los Gatos divorce mediation lawyerWhen you choose to get a divorce, that decision can result in a variety of challenges for the whole family. Not only will you have to grapple with the legal and practical issues involved in ending your marriage, but your children have to accept that you and your ex-spouse will no longer be living together or married to each other. The divorce process can be incredibly stressful for children. Litigating a divorce in the courtroom can not only increase the level of conflict between spouses, but it may also lead to potentially frightening court appearances for children. Fortunately, divorce mediation is an alternative method of resolving divorce issues, and it can benefit the entire family. 

Mediation and Children 

During the mediation process, you and your ex-spouse will work with a third-party mediator to talk through the issues surrounding your divorce and reach a settlement that you can both be satisfied with. This process can be incredibly beneficial in resolving matters related to child custody. These benefits include: 

  • The Child’s Voice Matters: Mediation will give you and your spouse complete control over the final decisions made throughout the divorce process. In cases involving child custody, this means that your child’s wishes can be communicated easily and can be taken into consideration. You want what is best for your children, and mediation provides you with a greater opportunity to address their wishes and ensure that the two of you will be able to meet their needs. 

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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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Conveniently located in downtown los gatos and
close to highway 280, 85 & 880

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