Dersch Family LawVista Family Law Attorneys | Del Mar Divorce Lawyers2026-06-08T15:32:41Zhttps://www.derschfamilylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1301422/2023/12/cropped-fav-32x32.pngOn Behalf of Dersch Family Law<![CDATA[Does your parenting plan still work for your teenager?]]>https://www.derschfamilylaw.com/?p=481732026-06-08T15:32:41Z2026-06-08T15:32:41ZHow teenage years can change custody schedules
As your teenager spends more time outside the home, several activities can affect parenting time:
Playing on school or travel sports teams
Working a part-time job
Taking part in clubs or other school activities
Completing driver's education courses
Visiting colleges and universities
Attending school dances and social events
These activities can create conflicts between your teenager's schedule and parenting time. Your child may have weekend tournaments, evening work shifts or school trips that overlap with scheduled parenting time. As those conflicts become more frequent, disagreements can become more common as well.
What happens when parents disagree?
Disagreements can arise when you and your co-parent have different views about your teenager's activities. One parent may support a demanding sports schedule while the other believes it interferes with parenting time. Conflicts can also develop when transportation becomes more complicated or when a teenager expresses a preference about where they want to spend their time.
California courts decide custody matters based on the child's best interests. A court may consider the preferences of an older child in some situations, but a teenager cannot decide custody arrangements on their own.
When disagreements continue, parents sometimes ask the court to change an existing custody order. Those requests typically focus on whether the current schedule still meets the child's needs.
Addressing transportation challenges between households
Following a schedule that no longer matches your child's routine
In these situations, a court may consider whether a different schedule better fits the child's current needs and each parent's responsibilities.
Parenting plans should reflect your child's changing needs
Teenagers usually have more responsibilities and activities than younger children. As those commitments increase, a parenting schedule that once worked smoothly can become harder to follow.
Questions about parenting time and custody changes sometimes arise when a teenager's schedule changes. California courts address those issues based on the specific circumstances of the child and the family.]]>On Behalf of Dersch Family Law<![CDATA[Can spousal support change after retirement?]]>https://www.derschfamilylaw.com/?p=481722026-03-11T12:35:07Z2026-03-11T12:35:07ZAfter years dedicated to your home and family, spousal support may have helped you maintain your standard of living after divorce. Now you may feel worried as your ex-spouse approaches retirement.
Will your spousal support change? Here is what you may need to know about how retirement affects your court-ordered spousal support.
How retirement can impact spousal support
If your ex-spouse retires, courts may view this as a change in circumstances unless the existing order limits modifications. They consider the payor’s age, health, income and pension. If you and your spouse were married for longer than ten years, the court order may not have an automatic end date.Temporary support during the case is often guideline-based and can change more easily, while post-judgment support is based on Family Code § 4320 factors and usually requires a significant change to adjust.Retirement does not automatically reduce or end support. Courts often look at whether the retirement happened at a normal age for the payor’s work history or industry, is done in good faith and is supported by health or other valid reasons. If retirement seems early or intended to avoid support, the court may treat the payor as still able to earn income.Ultimately, support does not stop unless a court order or agreement says so.
What you can do now to protect your financial security
Thinking ahead can make changes less stressful because California law may allow support adjustments when circumstances change. There are ways to prepare for possible changes without assuming any outcome. Consider these points when reviewing your situation:
Track income sources and retirement accounts for both you and your ex-spouse
Consider discussing potential adjustments with your attorney before retirement occurs
Understand how the length of your marriage may influence any modifications
Keeping a clear record and understanding these factors can help you feel more secure. It does not guarantee a specific result, but it can make planning easier.
Planning for your financial stability in the future
Knowing how spousal support works during retirement can ease worry. California allows modifications, but this ultimately depends on many factors.Thinking about your finances and options can provide perspective and help you feel more confident. While retirement may bring changes, clarity and knowledge can support a sense of stability.]]>On Behalf of Dersch Family Law<![CDATA[Can spousal support end early if life circumstances change?]]>https://www.derschfamilylaw.com/?p=481702025-12-16T16:13:00Z2025-12-16T16:13:00ZSpousal support, also called alimony, helps one spouse maintain financial stability after divorce. In California, these payments do not always last forever. When life changes significantly, the court can review the order. These rules help both people plan ahead.
When courts may end spousal support early
California courts can modify or end support if there is a material change in circumstances. This means something important changed after the judge issued the original order. Common examples include job loss, a large drop in income or a serious illness. Each change must affect the ability to pay or the need for support.Some events end support automatically. Under California law, support terminates upon the receiving spouse's remarriage. It also ends if either spouse dies. This rule applies unless the couple agreed in writing to different terms.Living with a new partner can also affect support. Under Family Code Section 4323, the court assumes that the supported spouse needs less money after moving in with a romantic partner. Lawyers call this a rebuttable presumption. The supported spouse can challenge it by showing they still need full support.
The goal of self-sufficiency
California law encourages people to become self-supporting. For most marriages, this goal should happen within a reasonable time. Courts often define this as half the length of the marriage. If the supported spouse gains job skills or earns more income, the paying spouse may ask the court to end support. For marriages that last ten years or more, courts allow more flexibility.
How to request a change
Spousal support does not end on its own. A spouse must file a formal request with the court. The judge reviews income, expenses and health. The judge then decides whether to change or end the payments.]]>On Behalf of Dersch Family Law<![CDATA[How can you help your kids thrive during holidays after divorce?]]>https://www.derschfamilylaw.com/?p=481632025-09-18T15:28:30Z2025-09-18T15:28:30ZDivorce can change every aspect of a child’s life. Many kids learned how to cope with the daily changes rather quickly, but there may be some concern about what happens during the winter holiday season. For children who were accustomed to having both parents for these holidays, having to split their time might be challenging.
Finding ways to help your kids thrive through the holiday season is critical. It may be beneficial if you and your ex can work together to set the standards. These tips are a good starting point.
Understand the holiday schedule
Parenting time schedules in California include several standard holidays. New Year’s Eve, New Year’s Day, Christmas, Thanksgiving and Halloween are some of the major holidays included on the document. Parents can add in other holidays as they see fit. It’s critical to review the parenting time schedule before the holiday season so you know which holidays you will have the children with you.
Explore new traditions
If your children are old enough to give you their opinion, consider allowing them to help you explore new traditions for this season. While holiday celebrations may not be like they were when you were married, everyone may enjoy having a say in the new traditions. These don’t have to be anything that’s too elaborate. Something as simple as going out to look at holiday lights and having mint hot chocolate may be an option.It may be beneficial to work with someone who understands your situation so they can assist you with getting the parenting plan in place. It’s critical that you and your ex work together to ensure that everything is set well in advance of the holiday season. This can reduce the stress for everyone involved, including the children. It can help to provide the stability that allows the children to know that they are still a priority even after the divorce.
]]>On Behalf of Dersch Family Law<![CDATA[How does property division work in a high-net-worth divorce?]]>https://www.derschfamilylaw.com/?p=481622025-09-15T12:37:41Z2025-09-15T12:37:41ZDivorces involving high-net-worth individuals in California can be more complex, especially when it comes to property division. In these cases, a variety of assets, including real estate, investments, and businesses, may be at stake. Understanding how the state handles these divorces helps clarify the process and ensures both parties know what to expect.
Community property laws
California follows a community property system, meaning that any assets or debts acquired during the marriage belong equally to both spouses. This rule applies to everything from real estate to bank accounts. However, the situation gets more complicated when dealing with assets owned before the marriage or assets that may have appreciated in value over time. These assets may need special consideration during the division process.
Complex assets and business interests
In a high-net-worth divorce, the division of assets often involves more than just the family home. Business interests, investments, retirement accounts, and other assets need careful valuation. Determining the value of these complex assets requires expert input, such as appraisers or financial analysts. The process ensures that each spouse receives a fair share of the total wealth.
Spousal support considerations
Spousal support, or alimony, may play a larger role in high-net-worth divorces. In these cases, one spouse may be entitled to ongoing support depending on the length of the marriage, the standard of living during the marriage, and the financial situation of both parties. The court will assess the ability of each spouse to support themselves after the divorce and determine the appropriate amount of spousal support.High-net-worth divorces involve intricate property division, where many factors come into play. Knowing how these factors work can help individuals manage expectations during the process.
]]>On Behalf of Dersch Family Law<![CDATA[Reasons NOT to keep the house after divorce]]>https://www.derschfamilylaw.com/?p=481612025-09-03T07:02:47Z2025-09-03T07:02:47ZThere are certainly some valid reasons to keep your home if you get divorced. Maybe it is a significant financial investment, and you know you can make a lot of money selling it in the future. Maybe you just want to have a stable living situation for yourself and your children, and you feel like keeping the home is the best way to do that.
You could buy out your spouse's share or trade other marital assets. Another option is that you and your spouse continue to own it together. But before you decide to keep the house, consider some reasons why you may not want to keep it.
A single income
First and foremost, many people who are going through a divorce are going from a dual income to a single income. Your living situation may have been affordable when you and your spouse were married, but there is no guarantee that it will be affordable on your post-divorce budget. Remember to consider factors that go beyond the mortgage payment, such as the escrow for property taxes and home insurance, along with the cost of maintenance, upkeep, utilities and much more.
Refinancing your mortgage
You may find that your mortgage is not even affordable on a single income. If you and your ex applied for the mortgage together, then you may have to refinance and apply for it on your own. Depending on your income level, this could be easy, or it could be a major hurdle where you will not qualify for a mortgage on your own house.
Financial considerations
As you can see, there are many financial details to consider when going through a divorce and addressing property division. Be sure you know what legal steps to take.
]]>On Behalf of Dersch Family Law<![CDATA[How does a court determine child custody?]]>https://www.derschfamilylaw.com/?p=481592025-08-22T09:26:24Z2025-08-22T09:26:24ZA child custody arrangement is an essential legal document that allows parents to retain custody of their children after a divorce. Divorcing parents can negotiate the terms of a child custody arrangement without going to court. However, if parents cannot reach an agreement, a court may decide child custody for them.
Every child custody arrangement is unique. A court may need to consider many factors before creating a child custody arrangement. One of the biggest factors courts take into consideration is a child’s best interests. Here is what you should know:
5 factors that can impact a child’s best interests
When deciding child custody, a court prioritizes a child’s best interests, which include a child’s safety, well-being, upbringing and stability. Many factors can influence whether parents are able to meet the best interests of their child. Here are a few factors that could impact a child’s best interests:
Income: Parents may need to provide proof that they earn a substantial income to provide for their child’s needs, including food, shelter and clothing. Parents who lack a stable income may struggle to obtain the child custody rights they seek.
Family relationship: How close parents are to their children could impact custody. Parents may be entitled to custody if they can show they have a close relationship with their child.
Home environment: Parents may need to show the court that they live in a stable and safe house. Unstable housing could impact a parent’s custody rights.
Physical and cognitive conditions: A parent with a physical or cognitive condition may need to demonstrate that they are able to care for their child’s daily needs.
Criminal history: A court may scrutinize a parent who has a history or criminal activity or has neglected or abused their child.
Parents can seek legal guidance to help them prepare for a court custody case. ]]>On Behalf of Dersch Family Law<![CDATA[Can a parent deny visitation over unpaid child support?]]>https://www.derschfamilylaw.com/?p=481542025-08-09T15:32:49Z2025-08-09T15:32:49ZParents must uphold all court orders
The obligation to pay child support comes in the form of a court order. A non-paying parent is in violation of a court order and at risk of enforcement activities.
However, the same is true of a parent who refuses to uphold a custody order. Denying a co-parent visitation or parenting time could lead to custody enforcement or modification requests. The parent who has not received child support could be at risk of losing parenting time or a judge declaring them in contempt of court, depending on the circumstances.
Instead of using custody as leverage to enforce support, parents generally need to notify the courts about the issue. Requesting child support enforcement assistance can lead to consequences for the non-paying parent. The courts can intercept their wages, deny them state-issued documentation, such as passports and declare them in contempt of court.
It is important to learn about appropriate ways to address child support issues and protect parents from scenarios in which they put themselves at risk of enforcement actions. While custody arrangements do influence support, a failure to pay child support does not justify a denial of parental rights.]]>On Behalf of Dersch Family Law<![CDATA[What is a gray divorce?]]>https://www.derschfamilylaw.com/?p=481532025-07-29T00:04:51Z2025-07-29T00:04:51ZDivorce can happen to couples at any age. There are couples who get married in their teens or early 20s and get divorced relatively quickly, and there are also couples who stay married into their 60s or 70s before they decide to get a divorce.
A gray divorce refers to couples in the latter bracket. There is no official age at which it becomes a “gray divorce,” but the general idea is simply that the couples are a bit older—typically those who are 50 and above. This type of divorce can be notably different than a split at a younger age.
What are some of the differences?
For one thing, there can be differences when it comes to asset division. A couple in their 60s likely has far more assets than a couple in their 20s, which could include complex assets like investments, real estate or business ownership.Additionally, older couples are often thinking about retirement. They may want to use a qualified domestic relations order (QDRO) to address splitting up retirement benefits that only one spouse is earning.In these ways, financial decisions can be more complex—but there are also ways in which a gray divorce can be a bit simpler. Generally speaking, older couples are less likely to have minor children. This means they may not have to come up with a child custody arrangement if their children are already adults who have moved out of the house.No matter what age a couple is when they get divorced, there can be conflicts or disagreements, and it’s very important for them to understand all their legal options—and their rights—as they go through the process.]]>On Behalf of Dersch Family Law<![CDATA[Can you still run a business together if you get a divorce?]]>https://www.derschfamilylaw.com/?p=481502025-07-16T16:53:48Z2025-07-16T16:53:48ZMany couples would never dream of setting up a business with the person they are married to, or marrying the person they run a business with. Yet, for many couples, it is an excellent arrangement.
If those couples decide to divorce, they have a difficult choice to make. Does one of them keep the business, do they close it entirely, or could they perhaps still keep running it together?Anyone thinking of continuing to run a business together after a divorce needs to know it may not be easy, although once again, it can be an excellent option for some. Here are some of the things to consider.
Keep it strictly business
Let’s say one of you would prefer not to get divorced. They might say yes to staying in business together as they hope it will give them an opportunity to gain back the love of their spouse. How might things play out if the spouse who initiated the divorce then went on to date someone new? Could that lead to business problems if the rejected spouse acts out on the hurt they feel? If you and your ex cannot separate your business relationship from your personal relationship, that could be problematic.
Document everything
Maybe when you were married, you just made the business work without really defining individual roles or shares. That must change. You’ll need to document how the business relationship will work. Who owns what percentage? What happens if one party wants to leave, and how do you resolve disputes? If you move forward with the business together, you need to have all the details written down and agreed upon to avoid conflicts.Divorce will already be complex with plenty of other decisions to make, so seeking legal guidance can help you decide whether continuing to run the business together really is feasible. ]]>