Question 1

Child Custody

Accepted Answer

Understandably, parents often fear the process of determining child custody. The reality, however, is that most parents, with the assistance of experienced family law counsel, are able to reach equitable custody agreements.

Question 2

Child Support

Accepted Answer

In California, both parents have a statutory obligation to contribute to the support of their children.  When parents divorce, typically one parent must pay the other parent child support as a result of that statutory obligation. Generally, this obligation continues until the child’s 18th birthday.

Question 3

Complex Property Division

Accepted Answer

The division of a family’s assets should not be a rote exercise of simply dividing everything “down the middle.” There are personal, professional, strategic, and tax issues to consider, all of which call for a thoughtful, creative division of a family’s assets.  If one spouse owned stock, a home, or a business prior to marriage, the parties may not have equal claims to those assets.  How those assets get divided requires a sophisticated understanding of California family law valuation principles.

Question 4

Dividing Family Business

Accepted Answer

During a divorce, the family business is often one of the community’s most valuable assets.  To divide that asset as part of the divorce process requires, first, that the parties establish the business’ value.  Business valuation is a complex undertaking that requires expert knowledge, experience and skill. The Ford Firm works with reliable, respected forensic accountants to develop reasonable, accurate and fair business valuations. With the assistance of our experts, we work to develop creative settlement strategies that appeal to both parties in the divorce.

Question 5

Options, RSUs & Equity Compensation

Accepted Answer

Division of stock options and restricted stock units (RSUs) are common divorce issues in California because many employees receive stock options and stock units as part of their compensation packages. Not only may these assets be deemed community property, but future stock options and units may be taken into consideration for child support and spousal support calculations.

Question 6

Marital & Domestic Partnership Dissolution

Accepted Answer

A Judgment for Marital Dissolution is the legal termination of a marriage and as a result, the termination of certain rights and responsibilities. One leading example of a lost right is the right to maintain a spouse on one’s health insurance. Once divorced, an employed spouse can no longer legally maintain his or her former spouse on an employer-sponsored insurance plan.

Question 7

Parentage

Accepted Answer

A paternity action is required to legally recognize parental rights of unmarried persons, to establish enforceable custody and visitation schedules, and to ensure that a child receives financial support from both parents. Without a Judgment of Paternity or a Declaration of Paternity, a person may permanently lose any legal standing as a child’s parent and/or a child may go without support.

Question 8

Pensions, Retirement Plans & Deferred Compensation Plans

Accepted Answer

Pensions and retirement benefits accumulated during the marriage are community property and thus subject to division pursuant to a dissolution. Even if a pension or retirement benefit has not yet vested and/or the member of the plan has not yet retired, any benefit attributable to a spouse’s employment during the marriage is community property.

Question 9

Premarital & Postnuptial Agreements

Accepted Answer

A premarital agreement is a written agreement between prospective spouses made in contemplation of and to be effective upon their marriage. Premarital agreements are becoming increasingly common, especially when parties have children from prior relationships or when one spouse is employed by or owns a family-run business.

Question 10

Spousal & Domestic Partner Support

Accepted Answer

Spousal support is one of the most emotionally charged issues in a divorce. The attorneys at The Ford Firm have negotiated many complex spousal support settlements and have litigated dozens of spousal support matters.

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