Gary, Till, Burlingham and Lynch

Will I still need to pay child support if my ex passes away?

2026-08-29T20:20:27Z

When an ex-spouse with custody of your child passes away, an existing child support obligation does not necessarily mean you must continue making payments to the deceased parent's family. Child support is intended to meet the child's needs. So, the death of the custodial parent will generally inspire the courts to determine where the child will live and how financial support should be handled going forward.

What happens to custody after one parent dies?

Custody awarded to your ex does not mean their relatives automatically receive custody after death. As the surviving biological parent, you may have grounds to seek custody of your child. However, the previous custody arrangement and its reasons matter. For example, a court may consider whether placing the child with you serves the child's best interests. Existing restrictions on your parental rights may also affect the decision. In some circumstances, a relative or guardian could seek custody and argue that the child's best interests lie in remaining in their care.

Does child support automatically go to an ex-spouse's family?

Generally, relatives do not automatically inherit the right to receive ongoing child support just because they are related to the deceased custodial parent. Any family member may need to obtain legal authority to care for the child before support can be redirected to them. The situation may differ if a relative becomes the child's court-approved guardian or custodian. A court may then determine that the surviving parent should continue providing financial support, with payments going to the person legally responsible for the child's care. Therefore, do not assume an existing order has ended simply because your ex-spouse passed away. Until the court addresses the changed circumstances, stopping payments independently could potentially result in arrears. A knowledgeable legal team can review your current support order, and help establish who – if anyone – should legally receive support moving forward.

Getting your paperwork ready for a divorce

2026-08-19T01:40:55Z

Divorce is deeply personal, but much of the legal process comes down to paperwork. Financial records and other documents help establish what each spouse owns, owes and earns. They can affect decisions about property division, spousal support and other important matters.

Gathering these records early can make the divorce process easier and give you a clearer picture of your financial position. It can also reduce the risk of delays caused by missing or incomplete information. Although the documents required will depend on your circumstances, the following are a good place to begin.

Prenuptial and postnuptial agreements

If there's a prenuptial or postnuptial agreement in place, locate a complete copy and provide it to your attorney. The agreement may affect how certain assets or debts will be handled during the divorce.

Not every provision is necessarily enforceable. For example, spouses generally cannot use an agreement to make binding decisions about child custody because courts must consider the child’s best interests at the time of the divorce.

Records of your assets and debts

You will need documents showing what you and your spouse own, along with what you owe. Start gathering recent statements and records for items such as:

Checking and savings accounts
Credit cards and personal loans
Mortgages and home equity loans
Retirement and pension accounts
Stocks, bonds and other investments
Life insurance policies with cash value
Real estate and business interests
Cryptocurrency and other digital assets

Some assets are easy to overlook, particularly those that are not held in traditional bank or investment accounts. Try to create as complete an inventory as possible, including property held individually, jointly or through a business.

Proof of income

Income information may be important when determining spousal support, child support and each spouse’s ability to meet financial obligations. Depending on how you earn money, useful records may include pay stubs, employment contracts, tax returns and bank statements.

Be sure to account for income beyond your regular wages. This could include bonuses, commissions, royalties, rental income, trust distributions, investment income or earnings from a side business.

Both spouses are generally expected to provide accurate and complete financial information. Intentionally hiding assets or income can lead to court penalties and may seriously damage a person’s credibility. An attorney can help you determine which documents are required, identify missing information and prepare for the financial disclosure process.

Who pays for college in a California divorce?

2026-08-06T07:31:33Z

As high school graduation approaches, many divorcing or divorced parents face a major financial question: who is legally responsible for paying for their child’s college education? Unlike some states where the judge can order parents to contribute to university tuition, California courts generally cannot order a parent to pay for an adult child’s college unless the parents have agreed to do so or another legal exception applies. Under California law, a parent’s legal obligation to pay child support terminates when the child turns 18, or when they turn 19 if they are still a full-time high school student living at home. Once your child receives their high school diploma, basic statutory child support ends. In most cases, a court's authority to order child support ends at that point, absent a statutory exception or a voluntary agreement between the parents.

How to cover college expenses in your divorce?

Because judges lack the legal authority to mandate post-secondary support, securing college funding requires proactive planning during the divorce process. Parents can agree to fund college as part of their Marital Settlement Agreement. Once a judge approves your settlement, the voluntary agreement becomes a legally binding court order. A solid agreement should have:

Cost caps: Limiting parental contributions to standard in-state public university rates
Expense splits: Defining how tuition, room, board and textbooks will be divided between parents
Student requirements: Requiring the child to have a minimum GPA to continue receiving support

Existing 529 accounts funded during the marriage are considered community property. Your divorce decree should state who manages the account and how funds will be distributed to prevent post-divorce disputes.

Protecting your child’s future

By addressing higher education expenses upfront, you could secure both your child’s future and your long-term financial goals. Working with an experienced family law attorney during settlement negotiations can help create a clear plan for funding your child’s education without extra stress.

Does cohabitation impact spousal support?

2026-07-22T18:44:37Z

Committing to a partner can be a bright milestone after a divorce. While this move is a personal choice, it also has legal effects on your finances. In California, moving in together can change how the court views the need for monthly support payments.

Defining cohabitation

In the eyes of the law, cohabitation is more complicated than just sharing a key. In California, cohabitation generally means living together in a romantic relationship. Courts look at the full situation, especially whether living together lowers the supported spouse’s living costs. Signs they look for include:

Combining bank accounts or sharing bills
Cohabitation agreements that may be in place
The length of time spent living in the same home
Telling friends and family you are a committed couple
Sharing household duties or expenses in a way that lowers living costs

No single fact decides the case because judges look at the whole picture.

Tackling the legal impact of cohabitation

California law may create a rebuttable presumption that a person living with a new partner needs less financial help, which could support a claim to modify or terminate spousal support. However, casual dating does not usually change these payments. As such, if you are the spouse paying support and believe your ex is cohabitating, you may ask the court to lower or stop the payments. You must show that the other person is truly living with someone else. Gather facts if you believe the living situation has changed, like proof of shared bills or social media updates. If you are the person receiving support, you may counter claims of cohabitating or prove you still require financial support. To do so, keep separate bank accounts to show financial independence and document all individual expenses and clear financial boundaries with the new partner. These details help the court see the true financial situation of both people. Courts decide case-by-case, and support can change only by court order.

Moving in (and moving forward)

Cohabitation is a major life change that often leads to a review of spousal support orders. While every situation is different, the law provides a clear path to keep things fair. Understanding these rules helps both parties manage expectations and pursue a fair outcome to alimony challenges.

3 things parents should consider before divorcing

2026-07-16T08:49:47Z

A decision to divorce isn’t always one that’s easy, and it generally becomes even more complex when children are involved. It’s critical that both parents take the time to think beyond just the decision to end their marriage before moving forward with the legal process of ending their union. Divorce can affect where children live, when they spend time with each parent and how expenses for the children are handled. Understanding a few things about life with children after a divorce is necessary in order to move forward effectively.

#1: Daily routines will change

Changes in daily routines are often one of the first things the children will notice. Everything from how they get to activities to where they go after school may change. It’s a good idea for parents to commit to keeping some aspects of daily routines consistent, particularly for younger children, as too much change at once can be overwhelming.

#2: Communication may be challenging

Communication after divorce should be directly between the parents. Some parents might be tempted to pass messages through their children, but that’s never a good idea because of the risk of messages being relayed incorrectly or the children being privy to reactions they shouldn’t have to deal with.

#3: Finances will require adjustments

There’s a good chance that finances will have to be adjusted after a martial split too. Setting a realistic budget is beneficial because it’s important to determine what’s affordable and what isn’t. If possible, parents should try to work their children’s extracurricular activities into the budget so they have a sense of consistency. When parents decide to divorce, getting their parenting plan set should be a priority. Since the plan must be customized based on the needs of one’s children uniquely, it’s often beneficial to work with a legal professional familiar with how to draft them effectively.

Moving out of state post-divorce with your child: Things to know

2026-07-16T07:53:31Z

Moving out of state with your children after a divorce isn’t as simple as one would think. Legally known as a “move-away” case, California law addresses relocation that disrupts existing custody schedules or affects the other parent’s visitation rights, balancing a parent’s right to move with the other parent’s custodial rights. If you are planning to relocate out of state, understanding these requirements ahead of time could help you avoid delays and disputes.

Factors influencing the court’s decision

California family courts weigh a range of factors often referred to as the LaMusga factors, when deciding a move-away request. Key factors affecting the court’s decision could include:

Custody type: If you have sole custody of the child, you generally have the right to relocate unless the other parent can prove that it could harm the child. If you have joint custody, you will have to prove that the relocation is in the child’s best interest.
Reason for the move: Having a good reason such as new employment, educational opportunities or being closer to supportive family members can also influence the court's decision.
Visitation feasibility: The court would closely examine whether the move would disrupt the non-moving parent’s relationship with the child and whether an alternative visitation schedule can be established.
Child’s needs: The child’s age, community connections, school stability and emotional needs can also be critical factors in the court’s evaluation.

Under California law, custody orders typically require formal written notice to the non-relocating parent at least 45 days before relocation. Moving without providing notice or before getting explicit court clearance can result in a violation of your custody order or even an immediate order to return the children to the state.

What to do before you relocate

Relocating after a divorce can be the beginning of a new chapter for many. However, failing to handle the legal framework properly could ruin your traveling plans and adversely affect your custody arrangements. To protect your parental rights and help you ensure a smooth transition, it is advised to seek legal guidance from an experienced attorney.

Divorce mediation can benefit child custody

2026-07-01T11:13:01Z

Many people think of highly contentious cases when they hear about a divorce. The fact is that most divorces don’t go through a court battle to reach the legal end of the marriage. Instead, many divorces are handled via mediation. For people who share children, being able to end their marriage in a calm manner can set a solid foundation for the child custody situation. The cooperation that’s present in mediation is one that may be able to extend past the finalization of the divorce.

The focus is on the children

Mediation gives both parents a say in the parenting plan and other matters related to the divorce. This can help to resolve many of the contentious decisions that were present before the marriage was legally ended. Once those issues are out of the way, both parents can focus on the best interests of the children.

Mediation can reduce conflict

Many of the difficult decisions that come with child custody cases can be handled without significant conflict when the parties go through mediation. During mediation, a neutral third party is present to keep the conversation on track so that both parties are working toward a suitable decision.

Flexible parenting plans are possible

When parents go through mediation, they make the decisions about what’s best for their children. This allows significantly more flexibility during the creation of the parenting plan. This is beneficial to the children because they aren’t left with terms that don’t work for their family. Anyone who’s in the midst of a child custody battle should ensure they have someone on their side to assist with creating the parenting plan. Ideally, they can get this done as quickly as possible after the separation.

Does your boss need to know about your divorce?

2026-06-12T18:16:50Z

If you and your spouse may soon be going your separate ways, you may be wondering about how much personal information you need to share at work. Divorce can affect schedules, finances, emotions and family responsibilities, making it difficult to keep every aspect of the process separate from professional life. Still, you may have zero desire to tell your boss what is going on, and that’s okay. In most situations, there is no legal requirement to inform an employer simply because you are getting divorced. Divorce is a personal legal matter, and many people choose to keep the details private. Unless your employment contract, security clearance or specific workplace policies require disclosure of certain personal changes, the decision is likely a personal one. With that said, there are circumstances where notifying an employer may be beneficial. Divorce proceedings can involve court appearances, mediation sessions, meetings with attorneys and parenting obligations that may affect work schedules. If you anticipate needing time off or flexibility, providing limited information to a supervisor may help avoid misunderstandings. Financial changes associated with divorce may also require communication with human resources. For example, employees often need to update health insurance coverage, beneficiary designations, emergency contacts, retirement account information and tax withholding elections after a divorce is finalized. These administrative changes generally do not require sharing sensitive personal details, but they may require notifying the appropriate department. On the flip side, some business owners, executives, employees with security clearances or individuals in highly regulated industries may be weathering divorce-related circumstances where major financial changes become relevant to employment obligations. In those situations, consulting both legal counsel and applicable workplace policies may be wise.

The bottom line: It is up to you, but it can be to your benefit

Ultimately, whether to tell your boss about your divorce depends on your circumstances, workplace culture and anticipated impact on your job. A thoughtful, limited disclosure may be helpful when work schedules or benefits are affected, but most people are not required to provide extensive details.

Can you ask the court to cancel your divorce in California?

2026-06-05T15:54:36Z

Filing for divorce is rarely a snap decision, yet feelings and circumstances often shift in the weeks and months after the paperwork reaches the courthouse. If you have already opened a divorce in California and now want to stop it, understanding what the process requires can help you prepare what you need.

Legal grounds for a voluntary dismissal

California law provides a mechanism to voluntarily dismiss a pending civil action, including a divorce, before the case goes to trial. You can file the dismissal with or without prejudice, and each option has its own pros and cons. A dismissal "without prejudice" closes the current case but preserves your right to file a new petition later. On the other hand, the court views a dismissal "with prejudice" as a final resolution and could limit your ability to refile on the same grounds. For most people looking to call off a divorce, filing without prejudice is the more common choice. California uses a no-fault divorce system, which means you can allege irreconcilable differences in any future petition regardless of prior case history.

Critical timing for a divorce cancellation

The stage of your case determines how simple or complex the dismissal process will be. If you filed the petition for dissolution and your spouse has not yet submitted a formal response, you retain the right to dismiss the case on your own without their agreement. That dynamic shifts once your spouse files a response. At that point, both parties must consent to the dismissal and your spouse will need to sign a document form before a judge will accept it. California imposes a mandatory six-month waiting period on all divorce cases, measured from the date of service on the petition. If you dismiss your case and later decide to refile, that clock resets entirely. Any time already spent waiting in the original case does not carry over. It is also important to note that dismissing your case terminates any temporary court orders issued during the proceedings. Orders for spousal support, child custody, or automatic temporary restraining orders end immediately once the court processes the request.

Essential steps for a court filing

The process requires two forms from the California Judicial Council: a Request for Dismissal (Form CIV-110) and a Notice of Entry of Dismissal (Form CIV-120). On the CIV-110, you would select "without prejudice" and indicate that you are requesting dismissal of the entire action for all parties and causes of action. If your spouse has filed a response to the original petition, they must also sign the CIV-110 before you submit it to the court. You would then file the form with the court clerk, either by e-filing if required by your local court, or by bringing the original and two copies to the courthouse. After the court processes the request, someone other than you must serve your spouse with a copy of both the CIV-110 and CIV-120 . That person then completes the proof of service section on the CIV-120, which is filed with the court as the final step.

Post-divorce budgeting must happen swiftly

2026-06-03T07:33:54Z

Divorce is a major life change that can lead to significant challenges, some of which have to do with your finances. This is especially true for people who were used to having two incomes to maintain household expenses. In that case, the biggest change is going to be having to rely solely on one income to pay everything. If you’re going through a divorce, one of the first things you should do is to sit down and create a budget. You should be realistic about your income because this budget can have a major impact on your financial stability moving forward.

Document immediate expenses

Once you have your income written down, document your immediate expenses. These will include things like housing, utilities, transportation, insurance, groceries and vehicle payments. As you go through this, you may discover that there are certain expenses you forgot about.

Factor in new expenses

New expenses often come with a divorce. You may have to refinance a vehicle or cover certain child-related expenses that you didn’t have to think about before. Purchasing furniture or other household items may be necessary. Additionally, you will have the divorce-related expenses to add to your budget.

Review budget during property division

During the property division process, your budget can help you to determine if you’re able to absorb the cost of certain assets or debts. This can give an idea about what options will work best for you as you go through this part of the divorce. A divorce comes with many decisions, so it may be best to work with someone who’s familiar with your situation. Being able to make logical choices, including those that are based on your budget, can help you to walk away from the marriage on the best foundation possible.