Orange County Family Law Blog | The Law Offices of Dorie A. Rogers, APC
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Orange County Family Law Blog

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What if your child doesn't want to visit you?

Visitation days with dad were fun for your child when he or she was a toddler, but as your child began to grow older -- did visitation days become a chore -- and did your child stop enjoying them? Dads have to be strong and understand not to take it personally when their children don't want to spend time with them. It's only natural for a child to want to spend time with their friends more than their parents as they grow older.

If you worry that your child isn't having fun or enjoying visitation days, it's important to talk with him or her about it. Tell your son or daughter that you love your time together and you want to continue seeing them. Here are a few things you can do to help your kids enjoy their days with you so they're willing to happily join you on visits:

  • Encourage your kids to bring friends over to stay with you for an overnight.
  • Enjoy activities together that your child likes.
  • Take your child to his or her sporting events, movies, concerts and games.
  • Change the dates of visits so that your child doesn't have to miss important activities.
  • Engage your children as a parent whenever possible. Being a father requires huge scheduling sacrifices but it's always worth it.

How do I enforce a child support order?

Many parents who receive child support on behalf of their child understand that it's sometimes not possible for the other parent to make every single payment on time. However, some parents fail to meet their obligations to child support repeatedly, endangering the well-being of their child. In instances where a parent fails to pay child support repeatedly, a court has number of methods it may use to enforce a support order.

Before a parent petitions the court for help enforcing a child support order, it is important to understand that withholding visitation or interfering with the parenting rights of a parent who fails to pay is not going to look good to the court who hears a complaint. These rights are separate and should not depend on each other.

A prenuptial agreement must protect both parties

A prenuptial agreement isn't something that most people want to discuss before they get married. For some people, moving past this discomfort is necessary to help ensure they are protected if the marriage doesn't work out. We understand that you might have a lot of questions that you need answered before you approach this subject with the person you are going to marry. We can help you get those answers so that you know what you are facing and how you need to handle the situation.

You can't think of a prenuptial agreement as a bad thing. Even if you are the one who is being asked to sign one, you need to look at the terms and think about how the agreement can help you. One thing that must occur in a prenuptial agreement is that both parties must be protected. A one-sided prenuptial agreement is one that will likely be thrown out in court.

How can a prenuptial agreement protect against debt?

When a couple chooses to create a prenuptial agreement, they can use it to create a number of protections for each party. In some cases, these protections take effect as soon as the couple finalizes the marriage. One of the most useful protections that a prenuptial agreement offers couples is protection from each other's debt.

Prenuptial agreements allow each spouse to determine which assets and liabilities qualify as marital property. Without taking steps to prevent commingling property, each spouse may become liable for the personal debt the other brings into the marriage, because debt is considered property. This might look like a creditor pursuing the property of one spouse to satisfy the debt of the other.

Child support payments go to your ex, but support your children

When you have children, you realize that they require financial support. For some people, it might seem like it is easier to financially support a child when they are still in a relationship with the child's other parent. But, the need for the child to have financial support doesn't end if the parents' relationship ends.

We understand that having to pay child support might seem like a burden, especially since you likely spend money on your kids when they are with you. But you should think of child support as an opportunity to provide financial support for your children when they aren't with you.

What qualifies as parenting time interference?

Many parents who raise a child separately face conflict and act out in frustrating ways, but some truly cross the line into unacceptable behavior that violates the other parent's legal rights. Commonly, this behavior includes obstructing the other parent's court-ordered physical custody or visitation privileges, legally referred to as parental time interference.

One parent may interfere with the other's privileges either directly or indirectly, and both kinds of interference may produce consequences in court. Direct interference occurs if one parent physically prevents the other from spending time with the child, including behavior like canceling custody days or visitation or taking the child to another state.

Child custody matters must be handled very carefully

Your children are the light of your life so it is understandable that you want to spend as much time as possible making memories with them. When you and the other parent aren't in a relationship any longer, you will have to split time with that parent. This means that you won't have your children with you as much as what you might like, which we understand is very difficult.

Coming up with a parenting plan is a challenge for some parents. It is far too easy to want to make things as difficult for your ex as possible; however, this could harm your children. Instead, you need to take a step back from the issues you have with your ex and think about what is best for the children.

Protecting your credit score throughout your divorce

When you and your spouse choose to divorce, it is absolutely crucial that you make sure you completely separate your finances. While you may choose to separate your finances immediately or wait until closer to the finalization, depending on your needs and the nature of your relationship with your spouse, make sure that your finances are completely separate once the divorce is complete.

The greatest risk, in many cases, is that you or your ex-spouse may make a financial mistake that negatively impacts the other party, even well after your divorce. This commonly occurs when spouses choose to add each other as "users" of their personal accounts and lines of credit. While this is not the same as having a joint account or line of credit, it creates many of the same complications.

Getting your life back after a divorce

When you are going through a divorce, there are several things that you will have to adjust to. One of these is the way that you handle your social life. In all likelihood, you and your husband had the same social circle during your marriage. Once the divorce is over with, you can reinvent yourself as a single person. This will take time and effort, so be prepared to put in a little work.

As you embark on your single life, make sure that you remember that it doesn't have to be the same as your life was when you were married. You can find things that you enjoy doing and tailor your life around that. You might have to try new things to find out what you truly enjoy. Now that you don't have to worry about what a spouse thinks or wants, you do have the chance to truly explore for yourself.

Can I include child support or custody in a prenuptial agreement?

Prenuptial agreements are an important part of many modern marriages, and any couple with significant assets on either or both sides should certainly consider using one to protect themselves. However, many couples do not understand the limitations of these agreements and jeopardize important protections they do have available by including invalid terms when creating them.

Often, these invalid terms include child custody and child support, which courts do not allow parents to dictate. While parents may propose child custody and parenting plans, and courts generally prefer for parents to do so, courts also retain the right to approve or disapprove of such a plan. In broad strokes, this is done to protect the best interests of the child and to ensure that neither parent gives away important parental rights under unfair pressure.