The survey was conducted by the American Academy of Matrimonial Lawyers. The group discovered that 56 percent of divorce lawyers surveyed reported seeing an increase in mothers paying child support over the last three years. Additionally, 47 percent said women were paying alimony.  Why the sudden change?

It might be due to more women becoming their family’s breadwinners. Despite statistics that indicate many women still earn less on average than men, many females have started to bear their home’s financial burden.  Conversely, more men have started acting as their children’s primary caregiver. And in general, childrearing duties are now shared between spouses more so than in the past.

But as far as courts are concerned, a party’s gender doesn’t matter when it comes to determining alimony and child support payments. Most courts typically look at a number of factors when deciding how much and to whom these types of payments are to be made. In Calif., the main factors utilized to calculate child support are the incomes of both parties and the percentage of timeshare the non-custodial party has with the children.

Some factors the Courts utilize to calculate spousal support include the age, work experience, financial condition, and education of each spouse. But one of the most important is whether a party will be able to support him or herself following a dissolution. If he or she is unable to earn enough to maintain the same standard of living during marriage, that party will usually be entitled to spousal support.

While some may think this is unfair, the reason for alimony or spousal support is to balance the negative economic effects that can often accompany marriage and dissolution. Many times, raising a family can sometimes require one spouse to give up their career.

Though more women are now paying child support and alimony, it remains uncertain how long this trend will continue. But if you still have specific family law questions, you should contact a knowledgeable attorney in your area.

This update brought to you by the Law Office of Jeffrey D. Stearman in Fullerton, Orange County, CA. Always a FREE initial consultation at (714) 871-7778. 

View our websites at www.Stearmanlaw.com and www.MyOCFamilyLawyer.com

In fact, one Michigan man faced a harsh price for some digital spying: felony charges. He found out that his wife was cheating on him by reading some of her e-mails. He was charged with unauthorized access of a computer.

Whether or not a crime was committed is unclear.

The law as it applies to this area is gray. Traditionally, hacking laws are targeted toward those who are third parties. The laws may also vary depending on the state. In the Michigan case, the husband actually purchased the computer for his wife. Can he actually be liable for hacking into his own computer? This is where things become unclear.

There’s also GPS and iPhone tracking, which has already been used to bust one cheating spouse.

Typically, reading someone’s personal messages and stalking them on the street can amount to an invasion of privacy. These claims usually rest on someone’s expectation of solitude in any given situation. For example, following someone on a public street might not amount to an invasion of privacy because the street is by its nature public. But following someone into a house would probably be considered invasive. After all, most people would probably expect a high level of privacy within their own home.

In order keep yourself out of trouble with the law, it’s probably best not to snoop or track your spouse at all- at least not until you consult with a qualified attorney in your local area.

This update brought to you by the Law Office of Jeffrey D. Stearman in Fullerton, Orange County, CA. Always a FREE initial consultation at (714) 871-7778. 

View our websites at www.Stearmanlaw.com and www.MyOCFamilyLawyer.com

In fact, one Michigan man faced a harsh price for some digital spying: felony charges. He found out that his wife was cheating on him by reading some of her e-mails. He was charged with unauthorized access of a computer.

Whether or not a crime was committed is unclear.

The law as it applies to this area is gray. Traditionally, hacking laws are targeted toward those who are third parties. The laws may also vary depending on the state. In the Michigan case, the husband actually purchased the computer for his wife. Can he actually be liable for hacking into his own computer? This is where things become unclear.

There’s also GPS and iPhone tracking, which has already been used to bust one cheating spouse.

Typically, reading someone’s personal messages and stalking them on the street can amount to an invasion of privacy. These claims usually rest on someone’s expectation of solitude in any given situation. For example, following someone on a public street might not amount to an invasion of privacy because the street is by its nature public. But following someone into a house would probably be considered invasive. After all, most people would probably expect a high level of privacy within their own home.

In order keep yourself out of trouble with the law, it’s probably best not to snoop or track your spouse at all- at least not until you consult with a qualified attorney in your local area.

This update brought to you by the Law Office of Jeffrey D. Stearman in Fullerton, Orange County, CA. Always a FREE initial consultation at (714) 871-7778. 

View our websites at www.Stearmanlaw.com and www.MyOCFamilyLawyer.com

Generally, no — thanks to the concept of “no-fault” divorce, now available in all 50 states. In a “no-fault” divorce, either spouse can seek a divorce for any reason, and it doesn’t matter who’s at fault. The most common ground is “irreconcilable differences”, or simply the fact that “you do not get along.”

But some states still allow the option to pursue a “fault” divorce, in which adultery may play a role. California is NOT one of those states. Here’s how adultery can factor in to a “fault” divorce case:

Adultery may lead to a quicker divorce.

In states that allow for both “fault” and “no-fault” divorces, “fault” cases may actually get finalized quicker. That’s because many states require waiting periods for “no-fault” divorces, ranging from 20 days to 18 months.

By contrast, there’s generally no waiting period for a “fault” divorce due to adultery. But the adultery must first be proven in court, which could take time if you’re involved in a contentious divorce.

Adultery may lead to a more expensive divorce.

Proving adultery in a “fault” divorce not only takes time, but also money to investigate and collect evidence. Presenting a case in court may also lead you to hire an attorney or even expert witnesses, which can rack up your costs.

The accused adulterer spouse will also get a chance to refute evidence of adultery, and is entitled to file various motions that may drag out your case and lead to mounting legal bills.

Adultery may lead to a bigger award for the non-philandering spouse.

Once adultery is proven in a “fault” divorce, however, the non-cheating spouse could win big: A judge may award more marital property to the non-cheater, or order a larger amount of spousal support.

It’s a potentially big payoff, but it comes with risks. An experienced divorce attorney will be able to guide you through the process, and advise whether adultery should be a factor in your divorce.

This update brought to you by the Law Office of Jeffrey D. Stearman in Fullerton, Orange County, CA. Always a FREE initial consultation at (714) 871-7778. 

View our websites at www.Stearmanlaw.com and www.MyOCFamilyLawyer.com

First figure out if you want to hire a lawyer. If you have a complicated divorce, or if you think there will be contested issues you may want to consider getting an attorney. But just know that there are drawbacks. Getting an attorney might make the process more emotional or antagonistic.

Now that you’ve decided that you want an attorney, there are several considerations you should think about.

Choose someone with experience.

You should try to hire an attorney who is familiar with your jurisdiction’s laws. And you should choose someone who has the specific skill and expertise applicable to family law cases.

Consider their strengths and practice strategies.

Talk with your prospective attorney first. Figure out if they are as committed as you are to pursue the resolution you want. For example, if you hope to resolve the case without going to court, make sure your attorney feels the same way about your strategy.

Be comfortable with them.

Ensure that you are comfortable speaking with your attorney about your private information. Divorce cases involve your children, financial assets, and personal life. You may end up speaking at length with your lawyer about these issues. So it’s vital that you feel at ease.

Negotiate fees.

Also, make sure that you talk about fees. You may want to look up multiple divorce attorneys to compare their style, and their cost. But weigh costs against finding the best attorney possible. Sometimes the “cheapest” attorney is low-cost for a reason.

If you are wondering how to hire a divorce attorney, try to remember these tips as they can help you narrow down the lawyer pool.

This update brought to you by the Law Office of Jeffrey D. Stearman in Fullerton, Orange County, CA. Always a FREE initial consultation at (714) 871-7778. 

View our websites at www.Stearmanlaw.com and www.MyOCFamilyLawyer.com

Below is a list of the worst states for divorce. Yes, the worst. They include waiting periods of up to 540 days, and boast price tags for court filing fees that come close to $400. Divorcing in one of these states will only prolong your misery.

But hey, consider some of the below-mentioned perks as well.

1. Vermont. 450 days–enough said.

2. Rhode Island. Divorcing couples need to wait 510 days, but they can get a fault divorce for “wickedness.”

3. South Carolina. This state boasts a 450-day waiting period. This includes a 1-year separation period during which the couple must live apart. Talk about a financial hardship.

4. Arkansas. It may be relatively cheap ($165), but an Arkansas divorce takes 540 days. Eighteen months of that is spent in isolation.

5. California. It’s long (360 days) and pricy ($395). Plus it’s awful for those attempting to avoid hefty child support payments.

6. New York. At 360 days and $335, the Big Apple has the second lowest divorce rate.

7. Nebraska. What this state charges in low fees ($157), it makes up in processing time (420 days). But hey, the divorce rate is pretty low.

8. North Carolina. The $225 price tag and 360-day separation period may be a drag, but separated couples can still engage in “isolated incidents of sexual intercourse.”

9. New Jersey. A six-month separation and overall 360-day processing period contribute to the state’s 6.1% divorce rate. That’s the lowest in the country.

10. Maryland. One year and $135 don’t seem so bad compared to the above. But there’s no hate sex allowed.

Some of the above processing times may be shorter if you happen to reside within the state. So check with a local divorce attorney in your state before you jump ship. One person’s worst state for divorce may be another person’s best bet.

This update brought to you by the Law Office of Jeffrey D. Stearman in Fullerton, Orange County, CA. Always a FREE initial consultation at (714) 871-7778. 

View our websites at www.Stearmanlaw.com and www.MyOCFamilyLawyer.com

This question can become tricky especially in cases where both parents have legal rights with regards to the children. After all, the child can only be claimed once. Both ex-spouses cannot claim the child as their dependent on their tax returns.

In many situations, the custodial parent — the one the child lives with — will be the one who is able to claim the exemption.

But who qualifies as the custodial parent? The custodial parent is the one whom the child has lived with for the most number of nights during the tax year. If the child lived with both parents for equal number of nights, the custodial parent is the one with the highest adjusted gross income according to the IRS.

There are situations when the non-custodial parent can claim the tax exemption.

But several requirements must typically be met:

• The parents are legally divorced or separated.
• The child received more than half of his or her support from the parents.
• The child was in the custody of one or both parents for at least half of the year.
• And either:
  • The custodial parent has signed a declaration stating they will not claim the child as a dependent. The non-custodial parent will need to attach a copy of this agreement to their tax return. There may be additional — or alternative — paperwork depending on when the divorce was handed down.
  • Or there is a pre-1985 divorce that has a written agreement that applies to 2011. The agreement must specifically state out that the non-custodial parent can claim the child as a dependent. The non-custodial parent must have provided at least $600 for the child’s support in 2011.

The foregoing is for informational purposes only. For more specific information on your particular situation to see if you can claim your child’s dependent tax exemption, contact a tax attorney or a CPA. After all, your divorce will impact your tax exemptions.

This update brought to you by the Law Office of Jeffrey D. Stearman in Fullerton, Orange County, CA. Always a FREE initial consultation at (714) 871-7778. 

View our websites at www.Stearmanlaw.com and www.MyOCFamilyLawyer.com

But alas, it doesn’t work. You’ve asked your landlord to fix it, but he hasn’t. What do you do? Must landlords provide heat?

They don’t have to pay for it, but they must usually provide a way for you to heat the unit. Tenants are generally entitled to heat under the implied warranty of habitability — an unwritten promise that requires residential landlords to maintain the premises.

And when the warranty doesn’t apply, local law probably does.

Most local housing and rental codes direct landlords to provide heat. The rules vary as to temperature, time of year and time of day, but they do exist.

So, what do you do if your landlord won’t provide — or fix — the heat?

You have a few options. You could call code enforcement. It may take a few weeks to schedule an inspection, but your landlord will hopefully respond to such an action.

You could also buy a few space heaters or fix the furnace and deduct the expenditure from your rent. This is called a “repair and deduct,” and you should probably notify your landlord first.

And if life without landlord provided heat gets really bad, you may be able to terminate your lease.

This update brought to you by the Law Office of Jeffrey D. Stearman in Fullerton, Orange County, CA. Always a FREE initial consultation at (714) 871-7778. 

View our websites at www.Stearmanlaw.com and www.MyOCFamilyLawyer.com

In a legal separation, you and your spouse are still married, but living apart. Some states require this before you can file for divorce; other states allow for a separation but don’t require it, while a few states don’t recognize legal separations at all. You should check with a qualified attorney in your state.

If your state recognizes legal separations, there are a few scenarios in which you may want to stop at a separation and not pursue a divorce. They are:

1. To continue to file joint tax returns.

Many separated couples believe they can save money by filing joint tax returns — but that’s not necessarily true. If your state issues a “decree of separate maintenance” to show you’re separated, that means you’re not married for tax purposes. But if your state doesn’t issue such decrees, you’re considered married until you’re officially divorced. An experienced attorney can help you get the best outcome for your specific situation.

2. To continue to receive health insurance & Social Security benefits.

Health insurance plans may cover separated spouses, but probably not after a divorce — check the fine print to see what your plan stipulates.

Social Security benefits are different. If a marriage lasted 10 years or longer, a divorced spouse may be able to claim to better benefits. That’s why some couples remain legally separated until the magic 10-year timeframe is up. But Social Security benefits also depend on other factors, like your age at retirement.

3. To assuage religious or cohabitation concerns.

Religious backgrounds that frown on divorce may be another reason to separate rather than divorce. Or perhaps you still love your spouse, but just can’t stand living together. In these cases, a legal separation offers much of the same qualities as a divorce, but without the official “D” word.

Keep in mind, a legal separation may affect property division if your case heads to divorce — just another reason to consult an attorney in your state before you decide to get a legal separation or a divorce.

This update brought to you by the Law Office of Jeffrey D. Stearman in Fullerton, Orange County, CA. Always a FREE initial consultation at (714) 871-7778. 

View our websites at www.Stearmanlaw.com and www.MyOCFamilyLawyer.com

The use of smart phones during divorce and custody proceedings is becoming more and more common, according to a new survey by the American Academy of Matrimonial Lawyers. Ninety-two percent of respondents report seeing an increase in the use of such evidence in the past 3 years.  That includes text messages, e-mails, call and search histories, and GPS data.

Smart phones and divorce are a natural couple — phone evidence helps a judge decide who is and is not telling the truth. Text messages can rebut claims that one parent never informed the other of a change of plans. They can alert the court to abusive behavior, affairs and threats.

Call and search histories can provide evidence of child neglect and illegal behavior. Seriously, if you’re not a raging alcoholic, why are you looking up the closest bar? At 10 p.m. when you’ve got the kids and they’re in bed.

Once your ex has gotten a hold of your smart phone, there’s not much you can do about it. But there may be something you can do before it gets to that point.

If you plan on getting a divorce or entering into a custody battle for your children, talk to your attorney about your smart phone. Divorce can be ruthless, but an attorney may be able to help you minimize the damage your messages may cause.

This update brought to you by the Law Office of Jeffrey D. Stearman in Fullerton, Orange County, CA. Always a FREE initial consultation at (714) 871-7778. 

View our websites at www.Stearmanlaw.com and www.MyOCFamilyLawyer.com