The Law Firm of J. Hector Moreno, Jr. & Associates San Jose Family Law and Criminal Law2026-05-26T08:47:29Zhttps://www.jhmlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1101715/2019/03/cropped-favicon-1-32x32.pngOn Behalf of The Law Firm of J. Hector Moreno, Jr. & Associates<![CDATA[Can parents travel with their children when they share custody?]]>https://www.jhmlawfirm.com/?p=505702025-02-13T19:35:12Z2025-02-13T19:35:12ZCustody orders may limit international trips
In many cases, modern parenting plans include provisions that address long-distance travel. Travel limitations are common in cases where parents have ties to other countries which could raise concerns regarding abduction. Even those who have no intention of permanently leaving the United States may need to discuss travel abroad with a co-parent before buying plane tickets. In most cases, the court is supportive of travel so long as it is safe and does not negatively affect the ability of the other parent to spend time with their children.
What if a co-parent isn't cooperative?
When one parent has a legitimate desire to travel with the children but the other is uncooperative, they may need to take the matter to the family court. Parents typically share decision-making authority and therefore need to agree on major decisions. If a co-parent won't approve international travel, then it may be possible to ask the courts to review the situation. A family law judge can authorize travel in cases where parents disagree. They can also impose limitations or communication requirements to help persuade the concerns of the non-traveling parent. In some cases, judges may even agree to modify the custody order to prevent future travel plans from causing a similar dispute.
Complying with both state law and any restrictions outlined in a parenting plan can help people navigate the challenges of shared custody. International travel is often possible with appropriate planning.]]>On Behalf of The Law Firm of J. Hector Moreno, Jr. & Associates<![CDATA[Who pays for private school when parents divorce?]]>https://www.jhmlawfirm.com/?p=505672025-01-17T20:04:40Z2025-01-17T20:04:40ZTuition costs can be a major issue
Private school tuition is a major investment. In California, private elementary schools cost an average of $16,066 per student per year. Once the children reach high school, the annual costs for private school increase to $22,153. However, the improved educational prospects and networking opportunities afforded by private schools can make that investment worthwhile for families.
The idea of making the children transfer to public school because of a divorce can feel unfair. Still, covering private tuition costs could prove very difficult for some parents after a divorce. The Family Court understands this difficulty and generally defaults to public school unless both Parties are willing to arrange for payment. If there is no agreement, the parent who insists on private school will often have the option of maintaining the children’s enrollment in private school, albeit at their own expense. Therefore, we encourage Parties who seek private schooling to negotiate and seek creative solutions which they believe are in their children’s best interest, ultimately limiting the negative impact that a pending divorce will have on their children.]]>On Behalf of The Law Firm of J. Hector Moreno, Jr. & Associates<![CDATA[How can one’s “marital standard of living” affect spousal support?]]>https://www.jhmlawfirm.com/?p=505172024-10-18T06:16:02Z2024-10-18T06:16:02Zduration of the marriage.
What about contributing to a spouse’s success?
Another factor for many divorcing couples is the “extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.” Maybe one spouse put their own graduate education on hold so they could work to support the couple while the other spouse went to medical school.
They never got that graduate degree because the couple then became parents, and that spouse devoted most of their time to caring for the kids while their spouse built a very lucrative medical practice. That has allowed them to maintain a very comfortable lifestyle that the other spouse couldn’t possibly come close to maintaining on their own salary – assuming they even went back to work.
The importance of building a solid case
What’s important to know, regardless of the specific circumstances, is that divorcing Californians do have a right to seek enough spousal support to better maintain their marital standard of living if their spouse can reasonably afford to facilitate this goal. It’s critical, however, to be able to make a solid case for the amount of support being sought – and for an overall divorce settlement that’s fair. Too often, a lesser-earning spouse is left with less than they’re entitled to retain.
Ultimately, getting a fair support order requires research into a spouse’s income and assets (and possibly even searching for hidden assets) to build a solid case. In some cases, things can be evened about with spousal support as well as additional assets in a property division settlement. This all takes time and effort as well as experience in building a case. That’s where having sound legal guidance can make all the difference.]]>On Behalf of The Law Firm of J. Hector Moreno, Jr. & Associates<![CDATA[How mediation can help parents concerned about shared custody]]>https://www.jhmlawfirm.com/?p=505032024-07-23T18:06:53Z2024-07-22T15:16:40ZMediation is usually mandatory
The California family courts law overtly encourages parental cooperation during custody disputes. In fact, it is standard practice to require that those who disagree about custody matters attend mediation before long-term orders are made.
This approach helps to take pressure off the family courts and give parents an opportunity to resolve their conflicts with an outcome that both parties can live with. Parents can potentially resolve their disagreements about custody matters through direct communication and cooperation at a mediation session.
Why mediation helps
Different families have different schedules, needs, and preferences. Attending mediation can often lend to resolutions that ultimately benefit both parents and ultimately, their children.
Embracing custody mediation as both necessary and potentially beneficial can help parents achieve the best outcome possible in a difficult custody situation. If mediation is successful, parents ultimately get to set their own terms for their parenting arrangements.]]>On Behalf of The Law Firm of J. Hector Moreno, Jr. & Associates<![CDATA[Factors that can affect the child support order in your case]]>https://www.jhmlawfirm.com/?p=504962024-06-12T15:50:18Z2024-06-19T15:24:32ZAccording to the California Family Code, there are circumstances under which the judge overseeing your divorce can adjust the level of payment up or down.
Reasons for deviating from the standard formula
While the formula provides a baseline for child support, both parents and judges have valid reasons for deviating from this calculation in certain situations:
Mutual agreement: Parents might agree on a different amount, which the court will accept if it meets the children's needs and adheres to legal standards.
Housing considerations: If the family home is not sold immediately after separation, the carrying costs might affect the support calculation.
Extraordinary income: If a parent's income is significantly higher than average, the formulaic amount might be adjusted.
Contribution disparities: Adjustments may be necessary if one parent is not contributing to the children's needs proportional to their custodial time.
Special circumstances: Various unique situations might warrant a deviation from the standard formula, including:
Different custody arrangements for different children
Significant disparities in housing costs between parents
Special medical or other needs of the children
Ensuring fair and adequate child support
As a parent, your primary concern is the well-being and development of your children. Working with a family law attorney can help you in making any necessary adjustments to ensure that the support level is both fair and adequate to meet your children's needs. Whether you are just beginning to consider divorce or are in the midst of modifying existing agreements, professional legal advice can provide clarity and peace of mind.]]>On Behalf of The Law Firm of J. Hector Moreno, Jr. & Associates<![CDATA[Tips for divorcing a narcissist]]>https://www.jhmlawfirm.com/?p=504932024-06-12T15:22:11Z2024-06-12T15:22:11ZEstablish boundaries and maintain them
An ex-spouse may seek to manipulate people so they can control situations. They may try to do this as a way to control the divorce. Set your boundaries and uphold them because this can minimize their ability to manipulate you. It may be beneficial to communicate through your legal representative so your ex cannot see any type of reaction from you.
Document everything meticulously
An ex-spouse may also try to twist facts to their advantage, especially involving children. To counteract this, meticulously document all interactions with them. Keep detailed records of communications, including emails, text messages and phone calls. Note dates, times and the content of conversations to create a clear timeline of events. This documentation can provide evidence to support your claims and counter false accusations.
Prepare for a lengthy process
Due to the added complexities associated with divorcing a spouse with narcissistic tendencies, it’s usually a good idea to have a legal representative who can assist you with protecting your rights. They may be able to help you stay focused on the factual side of matters instead of being drawn into emotional responses as you work out the terms of the divorce.]]>On Behalf of The Law Firm of J. Hector Moreno, Jr. & Associates<![CDATA[Why do some divorcing couples use private judges in California?]]>https://www.jhmlawfirm.com/?p=504882024-04-26T18:09:05Z2024-04-26T18:09:05ZWhat is a private judge?
Most judges in California have authority because they work for the public. Every case that they hear in their courtrooms becomes part of the public record. Proceedings in a family court are potentially open to the public and produce written records that others can access after the end of the divorce case. A private judge is a professional with training in the law and is often a retired former family court judge. They essentially have the same authority as a family court judge without the public element. They also are able to provide more true to schedule meetings and contested hearings to accommodate busy schedules.
How a private judge can help
Private judges choose what cases they take, so hiring a private judge can be much faster than traditional divorce litigation. The judge can also help resolve conflicts. If spouses don't agree about how to divide their property, share parental responsibilities and manage financial support, a private judge can help settle those issues, and ultimately decide on those issues.
The judge reviews details about the marital situation and interprets state law much in the same way that a family court judge does. The main difference is that the records of the hearings in front of a private judge don't become public. For spouses who cannot reach an agreement, those who do not want to attend mediation or those who cannot settle disputes in mediation, a private judge might be the best option.
Exploring alternate ways of handling a California divorce may lead to enhanced privacy and reduced conflict at the end of a marriage. The decision to hire a private judge is a viable option that may expedite resolution.]]>On Behalf of The Law Firm of J. Hector Moreno, Jr. & Associates<![CDATA[Protecting retirement accounts during community property division]]>https://www.jhmlawfirm.com/?p=504532025-05-29T18:15:25Z2024-04-17T07:07:18ZBy consulting with an attorney
Parties facing dissolution can save a significant amount of money by meeting with an attorney or mediator early on to avoid extensive and costly litigation.
By avoiding costly penalties
There are consequences to dividing a 401(k) or other retirement account that offers tax benefits. The amount withdrawn contributes to annual income and increases income tax obligations. Those taking premature withdrawals from retirement accounts typically also have to pay penalties, which could add up to 10% of the amount withdrawn from the account. Filing the right paperwork when dividing an account after a divorce can help spouses eliminate the penalties and tax consequences of sharing retirement savings.
By agreeing to special property division terms
There is never any certainty regarding the outcome of asset division when a judge applies community property standards to a marital estate. However, spouses have the option of negotiating their own arrangements. Someone who prioritizes maintaining most or all of their retirement funds may find that mediation or collaborative divorce negotiations allow them a better opportunity to protect the resources that they may rely on during retirement.
Ultimately, learning about the rules that govern community property proceedings can help people understand what to expect during divorce. Individuals who identify their biggest financial concerns, and seeking legal guidance accordingly, may feel more confident as they prepare for the divorce process.]]>On Behalf of The Law Firm of J. Hector Moreno, Jr. & Associates<![CDATA[How mediation can facilitate a more peaceful divorce process]]>https://www.jhmlawfirm.com/?p=504512024-03-18T20:59:29Z2024-03-18T20:59:29ZHow mediation helps during a difficult divorce
Traditional divorce is a litigated process that pits spouses against each other as adversaries. They have to view each other as opponents and may begin to act accordingly as the process unfolds. Spouses fighting each other during divorce may act in uncharacteristic manners and may later come to regret their conduct.
During a mediated divorce, couples have to work cooperatively to resolve matters related to property division, financial support and any children that they share. The goal of mediation is to work out a compromise that everyone agrees is reasonable. The spouses then sign a binding agreement outlining exactly what terms they have set for the divorce.
Mediation helps facilitate more peaceful conflict resolution by focusing on working cooperatively instead of fighting. It gives spouses an opportunity to explore the necessary issues from their marriage in a confidential setting and to put their values first instead of the personal preferences of the judge presiding over their case.
The benefits of mediation don't end there. Spouses also have the final say in what happens with their property, which is very empowering. They also have an opportunity to work with one another and lay the groundwork for a healthier future relationship. The ability to communicate with one another and interact politely in public may be particularly important for those who belong to the same church and those who share children with one another.
Divorce mediation can be a useful tool for someone hoping to pursue a low-conflict California divorce. Seeking legal guidance can be a good way to learn more.]]>On Behalf of The Law Firm of J. Hector Moreno, Jr. & Associates<![CDATA[How can co-parents communicate effectively?]]>https://www.jhmlawfirm.com/?p=504492024-01-31T18:59:59Z2024-01-26T16:34:42Zpositive communication routine, starting with a few strategies and a commitment to prioritizing their children's needs.
Leave the past behind
Setting aside personal differences and focusing on the children's best interests is the first step toward better communication. Effective co-parenting isn't about the relationship between the adults. It’s about the joint responsibility towards their children.
This perspective helps keep conversations productive and centered around the children's needs and well-being. By prioritizing the children, co-parents can navigate their communication with less conflict and more cooperation. Discuss their schedules, health, education and emotional needs. This approach keeps conversations productive and models positive communication for children.
Remain respectful in communication
If you’re co-parenting, when you can, maintain a respectful tone when communicating with your co-parent. Even when disagreements arise, handling them calmly and constructively is essential. Avoid heated arguments, especially in front of the children, as this can create stress and anxiety for them. Instead, strive for calm, clear and respectful exchanges.
Never use children as messengers
Using children as messengers between co-parents puts an unfair emotional burden on them. It can make them feel caught in the middle of your issues, which can be stressful and confusing. Instead, communicate directly with each other, using tools like emails, texts, or co-parenting apps. This approach not only spares your children from being uncomfortable but also ensures that your communication is clear and direct.
Having a solid parenting plan can make functioning as co-parents easier. Because this is a complex undertaking, seeking legal guidance to ensure appropriate terms is critical.]]>