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20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
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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 divorce attorney spousal support

When a couple gets married, they never want to believe that divorce may be a possibility. In all reality, divorce is much more likely than many would like to assume. When a person ultimately makes the decision to pursue a divorce, there are a number of criteria they must consider. What will happen to any children involved? How will marital assets be divided? A divorce can drastically impact one’s financial situation and family relationships, and because of this, it is important to hire an attorney who can help you complete the divorce process successfully. 

Criteria to Consider Throughout Your Divorce 

Regardless of whether you plan to navigate your divorce through mediation or divorce litigation, it is important to fully understand how your life may be impacted by the end of your marriage. Some of the most important aspects of divorce to be aware of include: 

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Los Gatos divorce attorney spousal support

When a couple gets married, they never want to believe that divorce may be a possibility. In all reality, divorce is much more likely than many would like to assume. When a person ultimately makes the decision to pursue a divorce, there are a number of criteria they must consider. What will happen to any children involved? How will marital assets be divided? A divorce can drastically impact one’s financial situation and family relationships, and because of this, it is important to hire an attorney who can help you complete the divorce process successfully. 

Criteria to Consider Throughout Your Divorce 

Regardless of whether you plan to navigate your divorce through mediation or divorce litigation, it is important to fully understand how your life may be impacted by the end of your marriage. Some of the most important aspects of divorce to be aware of include: 

...

Los Gatos, CA family law attorney for divorce mediation

Every year, thousands of American couples make the difficult decision to pursue a divorce. While divorce can come with a number of challenges, it can also represent an opportunity to start anew. That being said, the divorcing parties must first resolve the issues that surround divorce or legal separation. At the Law Offices of Benita Ventresca, we provide divorce mediation services, and we firmly believe that the mediation process provides couples with greater flexibility and an opportunity to resolve their issues together. Still, mistakes can be made that can compromise the mediation process. 

What Not to Do During Your Mediation 

When a couple makes the decision to pursue mediation, they are choosing to cooperatively work through the dissolution of their marriage. This process can be incredibly effective, and it provides a couple with greater flexibility when resolving issues. However, the process can go awry if certain mistakes are made, including: 

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Los Gatos, CA grandparent custody lawyerWhen children are removed from their parents in California, no matter the reason, the law requires that they be placed with relatives if there are any fit to be considered as guardians. Relatives may be defined as any adults who are related to the children by blood or adoption, or even someone within the “fifth degree of kinship,” which means stepparents or siblings, grandparents, great- or great-great-grandparents, aunts, and uncles, even if the relationship was through marriage. In these cases, it is essential to work with an experienced family law attorney.

Qualifying for Placement

If a family member requests that children who have been removed from their parents be placed with them, they will be given preferential treatment, meaning that they will be considered above any other foster parents. When children are removed from their home, a social worker must conduct an investigation to find all adult relatives of the child and do background checks, follow up on any past allegations of abuse or neglect, and conduct a home inspection of the relative where they child may be placed.

Social workers may also speak to the children about the relatives in question to try and make sure they get a good fit for placement. Social workers will also need to consider the following:

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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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