Posted by: Gerald A. Maggio, Esq.
The concepts of marriage and parenthood are vastly changing as the Millennial Generation comes of age. The Pew Research Center published a report earlier in the year showing that Millennials – people born between 1977 and 1998 – want parenthood over marriage. The survey showed 52 percent believe that being a good parent is one of their biggest goals. Marriage was only a big goal for 30 percent of people.
As these attitudes have shifted, marriage has become less of a focus. Out of wedlock babies have increased, though. Being a good parent, to Millennials, does not necessarily mean that marriage is a must. Many couples are choosing to delay marriage, live together, and break away from the social norms of their parents.
Even though marriage is delayed or not a preference, when a couple has a child it can make them refocus their priorities. Some decide to create a cohabitation agreement to help spell out their responsibilities and rights as parents and a couple. This can help protect each person and set up a framework should something happen to one of the parents. A modern-day cohabitation agreement includes:
each person’s parental rights and duties
financial obligations
property rights
health care directives
estate planning and inheritance wishes
how long the agreement is good for and/or how it can be revised
For some Millennials, this is a good warm-up to getting married. The agreement helps safeguard each person yet also sets out how each person will be looked after. As a couple establishes more assets, property, and moves up in the work world, it can be a critical document to help them create a prenuptial agreement once it is time to get married.
Sometimes, though, the cohabitation and relationship does not work out, even if there is a child that both parents mutually love and want to care for. In these instances, the cohabitation agreement can provide a path for the main caregiver to receive child support. It will also help to modify each parent’s duties and set up a visitation agreement that both parties can agree to. For couples that can amicably agree on the parenting agreement, litigation is not necessary. A family law attorney can assist in creating a plan that the courts will approve for child custody and the visitation schedule.
Gerald A. Maggio is an Orange
County family law attorney, in Irvine, California. To learn more about Orange County family law attorney, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
Cohabitation has doubled since the mid-1990s according to the latest Pew Research Center study. Adults from 30 to 44 years old are increasingly deciding to live together and wait until later to get married. For those with college educations, living together is an advantageous way to combine both incomes, and see if marriage and kids are viable in the future. But when people take the plunge to live together and combine their monies, they should get a cohabitation agreement so they are set up for success, not heartbreak and economic failure.
Cohabitation agreements, whether for opposite or same sex couples, define all the key financial and living decisions for the couple. It will detail:
- Disclosure of financial status to include all assets and debts
- Division of living expenses and insurance needs
- Property ownership
- Inheritances, trusts, and retirement plans
- Responsibilities for child custody, health care directives, and last wishes
- Duration of the agreement
Family law attorneys highly recommend getting a cohabitation agreement. If an individual were to be incapacitated, the other person would not have a right to make health care decisions. The responsibility and decisions would be made by family members, and this can sometimes lead to conflicts that are expensive and time consuming. And should the person die, the other partner would not be able to get their share of any assets.
Attorneys often work with clients who claim they were supposed to be supported financially from the other partner but after a breakup were nowhere to be found. If the couple had a cohabitation agreement beforehand, there would be no misunderstandings on the financial agreements and duties, and it would be enforceable by the courts.
“Cohabitation is continuing to increase in popularity,” says sociologist Susan Brown, co-director of the National Center for Family & Marriage Research. “Marriage is something that is more optional now and it’s also something increasingly people do later in the life course.”
For many people, they do not want the complications that come with getting married, but still want to love, care, and define their responsibilities. The Pew Study, “Living Together: The Economics of Cohabitation” shows that 58 percent of women lived with an opposite-sex unmarried partner in 2006-2008. As marriage becomes less of a social must, but people are still living together for many years, it calls for the need to have a written understanding of each other’s responsibilities and duties.
In California, Riverside family law attorney Gerald Maggio is skilled in helping an individual create an amicable, enforceable cohabitation agreement with their partner. The Maggio Law Firm is experienced in creating a well-thought out agreement to protect both parties and prepare each person for all anticipated events that could occur.
For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com
Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax
Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501
Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
Parenting can vastly change after divorce proceedings. When both parents are given equal parenting time, it creates an on/off parenting schedule that defines when the child will be in your household. At the beginning of the new schedule, some parents feel loneliness or anger because they were used to the children being around. But as the weeks go by, if individuals can focus on how the new schedule bonds them to their kids in new ways, they can feel a sense of empowerment.
“Being the one to cook the meals, prepare the lunches, help with the homework, buy the birthday presents for your children’s friends, make play dates, drop them off at school, take them to the doctor – without an outlet or someone else to fall back on if you’re tired – is part of building a deeper connection with your children,” said Jonathan Weiler and Anne J. Menkens in a recent article about the benefits gained in a child-parent relationship after divorce. “…A newfound sense of capability might make you less overwhelmed by the challenges of dealing with your kids, thereby freeing you up to enjoy the experience more.”
As a single parent, chances are that you will be more heavily involved than before in your children’s health and education decisions as well as social activities. The custody and parenting agreement will define the mutual decisions you and your ex have for these aspects of your child’s life. As time goes on, the decisions and child support might need to be modified. Getting legal advice to see about these possibilities or making a move to change them is highly advised.
Throughout it all, it is recommended to focus on the best interests of the child. Child advocates say to never make your kids messengers to the other spouse. Do not put a child in the center of dispute you have with the ex. Do not say negative things about your ex in front of the child.
“Kids are impressionable and you can make your child hate your ex-spouse if you want to, but it won’t bring you closer to your child,” said Weiler and Menkens. “If, on the other hand, if you know your ex-spouse is a good parent (even if a bad spouse) and that your child loves him or her, try praising that parent. Building your child’s esteem for her other parent will be one of the best gifts you can give to your child.”
In California, Irvine child custody attorney Gerald Maggio is skilled in helping a parent achieve the best child custody outcome and has resources in the area for parents to work on their parenting skills. The Maggio Law Firm is experienced in maintaining and preserving the crucial parent-child relationship. They are well versed in child support and modifications, divorce, and alternative conflict resolution.
For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com
Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax
Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501
Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
Irvine, Calif. – The recent child custody battle between NBA Star Dwayne Wade and his ex-wife shows fathers who are doing the right thing – standing up for their kids and their rights as a father – can end up with a positive outcome.
Dwayne Wade was granted with sole custody of his three-year-old and eight-year-old son. Most states recognize the value a father has in his child’s life and there are many resources to assist dads who are dealing with a difficult divorce.
Good legal counsel is recommended to protect a father’s rights in a child custody case. If a father and the soon-to-be ex-wife can create a custody agreement through mediation, the divorce proceedings will go much smoother. But if there is no ability to agree, an experienced child custody attorney is crucial.
When sole custody is granted, a dad will have the child most of the time and the mother will have a set number of visits. If joint custody is granted, the child will get equal time with each parent. Parenting agreements will go over the schedules to give each child ample time to be with their dad and mom.
Dads will want to show the strong bond the child has with them, and any evidence of the big role they play in a child’s development is helpful to the court. According to the National Fatherhood Initiative, 24 million children live without their biological father and are more apt to “engage in risky behaviors, suffer from emotional and behavioral issues, drop out of school, and live in poverty.”
The role a father has in their child’s life is immense. As the National Fatherhood Initiative’s president Roland Warren says, “If you take the time to love, laugh, look, listen, and leave a legacy, you will connect with your kids and be the dad they need and want you to be.”
An experienced attorney will help a dad ensure the parenting agreement is realistic and keeps the child needs as priority number one. “It is so important to maintain the child-parent relationship to keep building a strong bond in the future,” said Irvine child custody attorney Gerald Maggio.
The Maggio Law Firm champions a dad’s rights with compassion, experience, and tenacity. Their lead attorney Gerald Maggio will go after the best possible custody arrangement for your situation.
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.
Posted by: Gerald A. Maggio, Esq.
Riverside, Calif. – With the biggest wedding months of the year coming up, it is wise to get finances and important decisions spelled out in a prenuptial agreement.
Some couples cringe at the word prenup, but an individual really needs to have the division of assets and debts defined should death or divorce ever happen. The prenup, also known as the premarital agreement, will describe how particular assets such as a home, business, or property will be owned. With couples who are getting married for the second time or more, or getting married at an older age, separate investments or business assets might want to be safeguarded from the new spouse.
“The prenuptial is a really honest conversation about how finances, assets and a spouse’s well-being will be accommodated during and after the marriage,” said Riverside prenuptial agreement attorney Gerald Maggio. “The agreement is like an insurance policy and is in place to protect both spouses.”
Each party gets seven days to review the prenuptial agreement before signing it and is recommended to have their own attorney represent them. Also, if one individual does not speak English as a primary language, the prenup should be translated to ensure it is understood and agreed to. The American Academy of Matrimonial Lawyers reported 73 percent of divorce lawyers had an increase in demand for prenuptial agreements during the last five years. The rise can be attributed to kids growing up in divorced households and the engaged couple wanting to make sure everything is in writing.
Every 10 years, married couples should review the prenuptial to see that it is still relevant. Sometimes post-nuptial agreements long after the marriage occurred can be helpful if one individual starts a company or makes investments that should be separated from the marital property. The same is true if a large inheritance is about to happen. Sometimes couples who have grown apart will use the postnup to reconcile with specific conditions or they will agree to postpone a divorce until the kids go to college or another big event occurs.
“We help show engaged couples all their rights and responsibilities for the marriage,” Maggio said. “So many people find it to be a beneficial experience and document that is there only if they need it.”
The Maggio Law Firm listens to their client’s needs and will go after their best interests. They will help the engaged couple toward their exciting future together with the best preparation and planning.
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.
Posted by: Gerald A. Maggio, Esq.
During the hectic and most times tumultuous process of divorce, it is advisable that most couples should attempt to go to a mediator to at least see if everyone can come to terms with an agreement on their own without having to have the court settle things for them.
Not only are divorcing people seeking mediation, but also business partnerships and small claims, too, in order for all parties to try to come to an agreement on their terms in an attempt to resolve their issues before having to go further in the court system, spending more time and money.
But during divorce mediation sessions, the mediator, along with the spouses, sit down and discuss issues and prioritize them so that the spouses can come to a decision together. The goal is to have everyone come to terms with a mutual resolution, and if children are involved, what would be best for them by working out the fine details about visitation, custody, etc. This process can be hopefully achieved within two or three mediation sessions, with tentative agreements set forth so that both parties can collect documents and information, etc.
“Remember, the outcomes are not going to be picture-perfect, so do not feel slighted if your expectations are not met the first go around. As with all things in life, there is the usual give and take. To remember what is best for the children is what couples with children need to consider first and foremost,” said Gerald A. Maggio from The Maggio Law Firm, a family law practice based in Irvine, CA. “It is also wise to seek a good family law attorney to advise you through the process.”
Sometimes mediation is not going to work, such as in some cases where domestic violence is involved or when the other party is not willing because of inflexibility and obstinacy (which usually will not look noble in the eyes of the court). However, knowing that this service is there to help ease the process – not to purposely make it more difficult than it already is for people who are going through the painful process of divorce – is a good perspective have when going through mediation.
To learn more about the Maggio Law Firm visit Maggiolawfirm.com/.
Posted by: Gerald A. Maggio, Esq.
California uses a child support guideline formula to determine the appropriate amounts owed to the custodial parent. This guideline depends heavily on net income and the amount of time each parent spends with the child or children.
The California Family Court looks at two main factors when calculating child support: each parent’s net income and the amount of time each parent spends with the child or children. Additional factors that may have an effect on the overall amount of child support awarded to the custodial parent include child care expenses, medical insurance premiums, home mortgage payments, tax filing status, and any other expenses that may impact the family’s financial situation.
When a judge calculates child support amounts, he or she will look very closely at the amount of time each parent spends with the child or children. This amount of time is then entered into a complex formula that is used to calculate support payments, often referred to as the “J Factor.” This element is named so because the California Child Support Guideline operates using a mathematical formula in which “J” refers to the amount of time the non-custodial parent spends with the child or children.
The formula used in calculating child support is the same in every case and in every court in California. Because the formula used to calculate the child support amounts is complicated, the court most commonly utilizes a computer program called a Dissomaster™ to calculate the monthly child support amounts. The information entered into the program will be provided by the custodial and non-custodial parent. However, an experienced family law attorney will negotiate certain items with the other party to ensure that the proper child support is received each month.
“Family law attorneys will often negotiate what gets calculated into the non-custodial parent’s net income. They may ask the court to award support based on bonuses, commissions, overtime work and any other supplemental income they feel is regularly occurring,” explained Gerald A. Maggio, an Orange County divorce attorney.
Basic child support does not include the cost of child care or uninsured medical expenses. These additional costs will be considered by the court and will be ordered in addition to the guideline support.
These types of expenses are called mandatory add-ons, and a judge will take them into consideration before deciding on a final amount. Usually, a court will order that each parent is responsible for paying half of the child care expenses necessary for the custodial parent to be employed full time. In addition, the court will order that each parent be responsible for one half of the child or children’s medical and dental expenses which are not covered by insurance.
Although calculating child support can be a complex process, it’s important that a judge consider all of the factors when awarding child support amounts. “Parents have an important responsibility to provide for their children. Paying the appropriate amount of child support fulfills that obligation. Not getting the appropriate amount of child support will place financial strain on the custodial parent, and this, in turn, will put the child or children at great risk,” noted Maggio.
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.
Posted by: Gerald A. Maggio, Esq.
Going through a divorce can be a difficult time for couples. Not only must they decide on an attorney to hire, but they must also consider whether a divorce can be handled through mediation rather than litigation.
Mediation is a practical option that can offer couples a chance to end their marriage in the spirit of cooperation rather than hostility. Once mediation is chosen as an option, the couple will work with a mediator to reach an amicable resolution of any issues that remain at the dissolution of the marriage.
“Mediation can offer couples the opportunity to end their marriage in a manner that minimizes stress and maximizes cooperation. During mediation, both parties can work together to achieve a positive outcome where both parties get some of what they want,” explained Gerald A. Maggio, an Orange County divorce attorney.
One of the most common reasons couples choose mediation is because it is less expensive than litigation. A couple will need to hire only one person to assist them in their divorce, rather than two separate attorneys. It is a flexible, inexpensive way for a couple to end their marriage without much conflict.
Mediation is also a good choice for couples because it offers them a greater degree of control than other options. When couples choose to pursue litigation, all of the decisions regarding their future rest in the hands of a stranger who really does not know their situation and personal circumstances.
“If divorces are settled through litigation, a judge will be responsible for making decisions that will affect a family’s future. A judge will have limited time to hear the details of each divorce case and cannot carefully consider how a decision will affect a family in the long-term. Mediation, on the other hand, offers families the flexibility to take as much time as necessary to consider how these decisions will impact their future,” indicated Maggio.
A divorce can have a traumatic effect on children, and pursuing mediation instead of litigation is often easier on them. When choosing to use a mediator, it can help families move forward in a way this is amicable. Children will not be subjected to a bitter battle in a court room, and the couple will be able to work together to find the best solution without putting the children in the middle. “Placing children in the middle of difficult divorce proceedings could impact their ability to have healthy relationships and may cause them to suffer emotional problems that can carry into adulthood. Mediation allows parents to discuss important decisions in an arena that is less stressful on child,” added Maggio.
Mediation is also a great option because it does not limit couples from going to court. If a couple is not satisfied in mediation and cannot come up with a solution that fits both parties, they can stop at any time, retain separate attorneys and have a judge decide their important issues.
Mediation is not the only alternative to an unpleasant divorce experience, but it is an option that deserves serious consideration. A family law attorney is an excellent choice for a mediator, as he or she will know and understand the rules of divorce and will understand the type of decisions a judge could make, if the matter has to be litigated. A divorce attorney serving as a mediator can also prepare the necessary documentation to complete the divorce process in the court.
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.
Posted by: Gerald A. Maggio, Esq.
Unmarried mothers face a number of legal issues that must be dealt with to secure the health and happiness of their child. A family law attorney can help unmarried mothers navigate these difficult legal issues and secure adequate child support.
Unfortunately, many unmarried women find themselves alone after they become pregnant and the father of their child leaves. This abandonment can be emotionally taxing for a young woman by itself, and there are a number of legal issues at stake that must be handled as well. Not only must the child’s paternity be confirmed, child support must be secured from the baby’s father, and a child custody arrangement must be worked out between the parents.
Once an unmarried woman becomes pregnant, determining the paternity of the child is essential in pursing child support. With married parents, paternity is established automatically. However, if parents are unmarried, paternity establishment is not automatic. Both parents should start the process as soon as possible, so that the child will not have to suffer. Once the child is born, unmarried parents can establish paternity by signing the voluntary Declaration of Paternity. If the father contests the paternity, a paternity test can be administered.
Once paternity is established, a family law attorney can then work to get an order of child support from the father, and the California Department of Child Support Services can assist unwed mothers with child support collection and enforcement. Securing child support is an essential step for unwed mothers, as it offers the financial support necessary to make sure that the child is properly taken care of.
Child custody arrangements between unmarried couples can be quite complex and difficult to navigate. An experienced family law attorney can help unmarried mothers construct a child custody arrangement that will work for both parents and will serve the best interests of the child. When establishing custody, the courts will take a number of factors into consideration including:
- The child’s health, safety and welfare
- The stability of each parent’s home environment
- The history of physical abuse
- The parents’ criminal history, as it may restrict custody or visitation orders
- Whether or not siblings are involved
- The wishes of the child, if he or she is old enough to make them known
A family law attorney can provide assistance in working through all of these issues. Just because a young woman is not married when she becomes pregnant doesn’t mean that the mother, and child, do not have legal rights.
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.
Posted by: Gerald A. Maggio, Esq.
Prenuptial agreements can be designed to protect more than just premarital assets. They can outline how couples want to divide their future earnings in the event of a divorce.
While many people assume that prenuptial agreements are only useful when one partner brings a significant amount of wealth to the marriage, this assumption is incorrect. Prenuptial agreements are not limited to specifying the division of assets attained before the marriage. They can also be useful in specifying the division of assets that are accumulated during the marriage. There are a number of different situations which warrant a prenuptial agreement when neither partner has a lot of assets before the marriage.
A common example of a situation in which a prenuptial agreement might be necessary is when one partner agrees to support the other during professional or graduate school. Even though neither one of the partners has a lot of money at the beginning of the marriage, supporting the other partner through school can have a great impact on that partner’s future financial success. In a situation such as this, the earning potential of the partner who receives the advanced degree is likely to be much greater than that of the supportive partner.
Without a prenuptial agreement the partner who earned the advanced degree isn’t likely to be obligated to share his or her earnings with the other spouse in the event of a divorce. However, a prenuptial agreement can be used to protect the interests of the supporting spouse by specifying terms for spousal support in the future.
More and more Americans are choosing to become small business owners, and a prenuptial agreement can also protect spouses who have individual interests in forming a business and those who choose to go into business together. A prenuptial agreement can set out rules for how business assets should be handled and divided in the event of a divorce. By agreeing on these issues in advance, both spouses can be confident that their earnings will be divided fairly.
Prenuptial agreements can thus provide couples with a feeling of security about the assets couples accumulate together. An expert family law attorney can help couples draft a prenuptial agreement that will protect the interests of both parties and their future earnings.
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/
