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  • All About Herrig & Vogt Attorneys at Law
  • It's Been Years Since My Divorce. Can I Change a Ruling on Child Custody?
  • The Significance of a Parenting Plan
  • Estate Litigation: Challenging the Will & Testament
  • What is debt division?
  • If my ex moves in with a new boy/girlfriend do I still have to pay spousal support?
  • How long do I have to pay spousal support?
  • What is the difference between temporary and long term spousal support?

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  • All About Herrig & Vogt Attorneys at Law
  • Can My husband's ex-wife use my income to increase child support?
  • Welcome to our Blog
  • If my ex moves in with a new boy/girlfriend do I still have to pay spousal support?
  • The Significance of a Parenting Plan

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Placer County Divorce Blog

All About Herrig & Vogt Attorneys at Law

If you are a Northern California resident that is seeking a divorce or dealing with a legal family issue at present, then you need assistance. At Herrig & Vogt, LLP, a group of dedicated and compassionate legal professionals are waiting to assist you. If you are dealing with a child custody battle, or are trying to divide debts that are your spouse’s responsibility, then you need help from this firm. At Herrig & Vogt, LLP, the lawyers will defend grandparents who want to enforce their rights, and will negotiate with the courts when a couple seeks guardianship of a young one in need of a home. If you are currently trying to settle child support payments or are currently trying ...
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It's Been Years Since My Divorce. Can I Change a Ruling on Child Custody?

Seeking modification is a common situation that many divorcees find themselves going through and a Roseville divorce lawyer can help. At the time of the divorce their rights over their children including their right to visit them may have been denied by the court due to any number of reasons. Some are not fit at the time to care for a child whether it is in relation to their job, an addiction or other circumstances which lead the court to believe the child is better off with another. The way a person was when their divorce was finalized does not mean that is who they will always be. For many people losing the right to care for and visit their children is an awakening call. It motivates them ...
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The Significance of a Parenting Plan

Whenever children are involved in a divorce, the parents must come up with a parenting plan, which deals with child custody, child support, visitation rights, and other issues. The parents must decide who will have physical custody and legal custody of the child. The parent who has physical custody lives with the child and is the main caregiver for the child's everyday needs. The parent who has legal custody of the child has authority over significant decisions for the child, such as medical needs, education, and religion. If one parent is unfit to have any custody over the child, the other parent will most likely be granted sole custody. Parents may also opt for joint physical custody, ...
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Estate Litigation: Challenging the Will & Testament

You probably know someone—or maybe you are currently in this situation—who has had to work through problems in a loved one's last will and testament. It can be complicated to wade through the details of the loved one's desires for their property, especially if there seem to be discrepancies or disputes. Everything the person owned or possessed, whether it was material or immaterial, has to be accounted for in some way—a task which is compounded if there are problems with the estate plan. If the will is contested on any level, the issue can potentially be taken to court. When the will goes through probate, it can be contested by someone named in it. The claim must be ...
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What is debt division?

When a couple files for a divorce, they must decide how they will take care of any outstanding debt they may have. They may choose to both pay off a certain amount separately. Some couples choose to continue to pay off the debt together. Still others opt to make the full payment and resolve the issue at the very beginning. The issue of debt division can be complicated, particularly if the couple incurred an extensive amount of debt. Financial situations can become sticky if one spouse made a purchase with a credit card that had the other spouse's name on it. Even if the purchasing spouse did not inform the other spouse about the purchase, both of them are responsible to pay off the debt. ...
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If my ex moves in with a new boy/girlfriend do I still have to pay spousal support?

The answer is "maybe." California Family Code Section 4323 says that there is a "rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported person is cohabitating with a person of the opposite sex." This means if your supported ex takes up residence with a new boy or girlfriend the court assumes that support is no longer needed, unless your ex can prove otherwise. He or she has to prove the need for spousal support continues. You do not have to prove that he or she does not need it. The burden of proof is on the cohabitating supported party. Like other spousal support modifications, the termination of support is not ...
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How long do I have to pay spousal support?

California law defines a long term marriage as a marriage that is at least 10 years long from the date of marriage to the date of separation. In a long term marriage the court will not set a termination date for spousal support. For long term marriage, the party paying support needs to prove that spousal support is no longer necessary for the supported party. For a marriage of less than 10 years or more, the law presumes that spousal support will last for half the length of the marriage. To continue support beyond half the lenght of the marriage, the supported party will need to prove that spousal support is still necessary. Unless otherwise agreed, spousal support also ends upon the death ...
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What is the difference between temporary and long term spousal support?

Temporary Spousal Support (also called "pendente lite") can be ordered paid after a petition for dissolution/separation is filed and usually terminated upon the entry of final judgment (when the judge makes your divorce official). Temporary Spousal Support, though discretionary, is usually awarded without regards to the merits of the case and is generally determined by formula. For example, Placer County Local Rule 30.3 (B) (effective 7/01/11) says, "In cases where there is no child support, temporary spousal support will be 40% of the net income of the payor minus 50% of the net income of the payee." Whether you are in Sacramento, Placer, El Dorado or any other local ...
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Can My husband's ex-wife use my income to increase child support?

The answer here is "maybe." Generally, a new spouse's income cannot be used to determine child support for your new husband's prior children. However, there is an exception. The legal reasoning goes something like this. 1. Your husband has a legal duty to support his children. (See Cal. Fam. Code Section 4053). 2. The law says your income cannot be used for support calculation "except in an extraordinary case where excluding that income would lead to extreme and severe hardship (Cal Fam. Code Section 4057(a)(1)). 3. "An extraordinary case may include a parent who voluntarily or intentionally quits work or reduces income, or who intentionally remains unemployed or ...
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What is Joint Custody?

A writer asks, "My husband and I are currently separated and planning to file for divorce. We have a 3 year old daughter and he comes to pick her up every Thursday and brings her back on Saturday afternoon. I am happy with this arrangement but he says he wants to have more time with our daughter. I think he may file for joint custody and am worried that the judge will order us to a 50/50 split. Is there a way to keep the schedule as is?" ANSWER : Many people confuse joint custody with parenting time. They are different. Here are the terms you need to know: Family Code Section 3002. "Joint custody" means joint physical custody and joint legal custody." Family Code ...
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Welcome to our Blog

Welcome to our Blog. In our blog we will discuss current issues involving divorce, child custody, child and spousal support, division of assets and debts, and procedural aspects of California Family law. As this blog is updated on a regular basis I encourage you to check back regularly. If there is a topic you would like to see addressed please feel free to send me an email at [email protected] You can subscribe to our feed here. Legal disclaimer: (Disclaimer: This information about California law and procedures is based on the limited facts provided by the person asking the question and is neither privileged nor confidential. It is not offered as advice to that person or any other ...
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