How is child support calculated?

In California, child support is calculated using a state-mandated formula that considers both parents' incomes, the percentage of time each parent spends with the child, and any tax liabilities or credits. The calculation also accounts for health insurance expenses, mandatory retirement contributions, and support for children from other relationships. This approach aims to balance the financial contributions of both parents fairly, so that the child's needs are met while considering the financial ability of each parent.

How is property divided in a California divorce?

Property division during a divorce follows the community property law, which means that any assets and debts acquired during the marriage are considered owned equally by both spouses and are divided equally in the divorce. Separate property, which includes assets owned before marriage or acquired as a gift or inheritance during the marriage, generally remains with the original owner. The court aims to ensure a fair and equitable division of all marital assets and debts, taking into account factors such as the economic circumstances of each spouse.

Can spousal support be modified after the divorce is final?

Yes, spousal support can be modified after the divorce is final in California, but certain conditions must be met. Modifications are generally considered if there has been a significant change in circumstances for either party, such as a substantial change in income, unemployment, or a serious health issue. The party seeking the modification needs to file a motion with the court and provide evidence of the change in circumstances. The court will then review the case and decide whether an adjustment to the spousal support is justified.

What is the difference between legal custody and physical custody?

Legal custody refers to a parent's right and responsibility to make significant decisions about a child's health, education, and welfare. This includes decisions about schooling, medical care, and religious upbringing. Physical custody, on the other hand, pertains to where the child lives and with whom. A parent with physical custody has the child living with them for most of the time, though this can be shared in a joint physical custody arrangement where the child spends significant time with both parents. Both types of custody can be awarded jointly or solely, depending on what the court deems is in the best interest of the child.

What can and cannot be included in a prenuptial agreement?

In California, a prenuptial agreement can include provisions for the division of property and assets, the rights and obligations of each spouse regarding property, management of household bills and expenses, and the distribution of property upon separation, divorce, or death. Spousal support terms can also be included but must not be unconscionable at the time of enforcement. However, a prenuptial agreement cannot include terms that affect child custody or child support decisions. These matters are determined by the court based on the child's best interests at the time of the divorce. Additionally, prenuptial agreements cannot contain clauses that promote divorce or violate public policy, such as penalties for gaining weight or stipulations on personal behavior.

Santa Monica Divorce Custody Guide

Posted in Divorce

Going through a divorce in Santa Monica brings unique challenges, especially when children are involved. California family courts prioritize the best interests of the child above all else, but understanding how to position yourself favorably in a custody case requires knowledge of the legal system and smart preparation.

What Santa Monica Courts Look for in Custody Cases

California Family Code Section 3011 outlines the factors judges consider when making custody determinations. These aren’t arbitrary decisions. Courts examine your relationship with your child, your ability to provide a stable home, and your willingness to support the child’s relationship with the other parent. The court wants to see consistency. If you’ve been the primary caregiver, document it. If you’ve attended school events, kept medical appointments, or managed your child’s daily routine, gather evidence of that involvement. Text messages, emails, and calendars can all support your case.

Preparing Your Home Environment

Your living situation matters more than you might think. Courts conducting home evaluations look for:

Adequate sleeping arrangements for each child
A safe, clean environment free from hazards
Age-appropriate supervision plans
Proximity to the child’s school and regular activities

A Redondo Beach family lawyer can help you understand what evaluators prioritize during home visits and how to address any concerns before they become issues in court.

Communication Strategies That Work

How you communicate with your co-parent directly impacts custody outcomes. California courts favor parents who demonstrate flexibility and cooperation. This doesn’t mean you need to be best friends with your ex-spouse, but it does mean keeping communication focused on your children’s needs. Avoid arguing through text or email. These communications can be submitted as evidence. Instead, keep messages brief, factual, and child-centered. Many Santa Monica parents use co-parenting apps approved by family courts to maintain clear records and reduce conflict.

The Role Of Child Preferences

Children over 14 can express custody preferences in California, though the court isn’t required to follow them. For younger children, preferences may be considered through a minor’s counsel or custody evaluator. Never pressure your child to choose sides. Courts recognize coaching and it damages your credibility. If your child naturally expresses strong preferences, document the reasons they give. Courts care more about why a child prefers one arrangement over another than the preference itself.

Avoiding Common Mistakes

Parents often hurt their custody cases without realizing it. Refusing to follow temporary custody orders, badmouthing the other parent in front of children, or withholding visitation time creates serious problems. California courts can modify custody based on a parent’s willingness to facilitate the child’s relationship with both parents. Social media presents another pitfall. Posts about partying, new relationships, or disparaging comments about your co-parent can all be used against you. A Redondo Beach family lawyer will typically advise limiting social media activity entirely during custody proceedings.

Documentation That Strengthens Your Case

Start building your case file immediately. Keep records of:

School and medical appointments you attend
Time spent with your children
Communication with your co-parent about parenting decisions
Any concerning behavior from the other parent

This documentation becomes particularly valuable if you need to modify custody orders later or defend against false allegations.

Working With Mediation Requirements

California requires mediation in contested custody cases before going to trial. Santa Monica cases typically go through Los Angeles County’s mediation services. Come prepared with a proposed parenting plan that addresses weekday schedules, holidays, vacations, and decision-making responsibilities. Mediation isn’t about winning. It’s about finding workable solutions that serve your children’s needs. Parents who approach mediation collaboratively often achieve better outcomes than those who treat it as a battle.

Moving Forward With Your Custody Case

Custody disputes test your patience and emotional strength, but focusing on practical preparation makes a difference. Understanding California custody laws and court expectations helps you make informed decisions throughout the process. Skarin Law Group works with Santa Monica parents facing custody challenges. Whether you’re establishing initial custody arrangements or seeking modifications to existing orders, having knowledgeable legal support helps protect your parental rights and your relationship with your children.