Child Custody in California Divorce Proceedings - Essay Example

Either or both the parents may be ordered to pay an amount towards the support, maintenance, and education of the children. This child support obligation will be determined based on both spouses’ income and the proportion of the time for which the children remain with the parents. In addition, the court will require the disputants to pay for additional facilities, like daycare and medical support, in the context of child support (Child Support Handbook, 2009).

Spousal Support

While making an order, in respect of spousal support, the judge will take into consideration, various factors, such as; first, the duration for which the couple had been married. Emma and Sam had been married for 8 years.
Second, the age and health of each spouse.
Third, the independent earning of each spouse. Emma has a seven-figure annual income, as a result of working as a neurosurgeon; whereas, Sam is an unemployed oboe player.
Fourth, their standard of living.

Fifth, the obligations and assets of each party. Emma and Sam have three minor children. Two of these are with Sam, and one of them is with Emma. These are their obligations. Their assets are real estate holdings in California and Nevada, and Emma is the beneficiary of a 10-million-dollar trust.
Sixth, the history of the manner, in which they had addressed their financial needs, during their marriage. All expenses were borne by Emma, as she was earning a substantial amount. Sam as an unemployed musician had chosen to look after their children (Self-Help Center, 2010).

Property Settlement
In instances of dissolution of a marriage, the following are taken into consideration by the courts. First, the date of separation, which is determined by the actions of the husband and wife, or their intention (Cutoff Date as the Date of Separation, 2010). In our case, Sam proceeded to their Nevada family vacation house, six weeks ago, and informed Emma that he would initiate divorce proceedings against her.

Second, the community property, which in our case would consist of all the assets created from Emma’s earnings, after their marriage and before their separation. While dividing the properties, and confirming the liabilities of the parties, the court shall classify the liabilities as separate or community; and assign them appropriately (Family Code).

Third, separate property or anything that is owned separately by the spouses (Family Code). The trust in Emma’s name, established by her grandfather, would constitute her separate property.
Fourth, community obligations or debts accrued by either of the parties, during the time that they lived together (Family Code).

Part II
Sam informed Emma that he had obtained a Nevada residency certificate and that he intended to file divorce proceedings in Nevada. Emma intends to file divorce proceedings in California, as she can conveniently attend the court proceedings. As a very busy neurosurgeon, Emma would find it very difficult to attend court in Nevada. On the other hand, Sam is unemployed and does not face any such problems. Hence, Emma can successfully request a transfer of the future divorce proceedings to California, in case, Sam files the same before her doing so.

In Nevada, the court may apportion the spouse’s separate property to the other spouse, for that person’s support (Divorce in Nevada, 2010). Moreover, Nevada laws would require Emma to share half of the community property with Sam. In addition, she would have to share her separate property with Sam, and pay him alimony, under these laws. Hence, Emma would be at a great loss, if the proceedings were to be conducted in Nevada. As such, she should spare no effort, in ensuring that the proceedings take place in California, where there are no such disadvantages to her. Read More