Christy & Keith Family Law Group, P.C.FindLaw IM Template2026-09-18T04:54:33Zhttps://www.ckdfamilylaw.com/feed/atom/WordPressOn Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[Can domestic violence affect child support in California divorce?]]>https://www.ckdfamilylaw.com/?p=506142026-09-02T10:33:12Z2026-09-07T10:32:32ZLeaving an abusive partner takes real courage, especially when you need to make sure your kids have a secure financial future. While California courts use a standard calculator to figure out basic child support, domestic violence can drastically shift the numbers going into that calculation. Knowing how abuse impacts these choices helps you protect your kids and your rights.
How restraining orders shift parenting time and payments
California courts calculate child support by looking at how much money each parent makes and how much time each parent spends with the kids. When abuse happens, the court alters this balance in a few key ways:
Applying California Family Code Section 3044 makes the court assume that giving custody to an abuser hurts the child.
Cutting down the abusive parent's visiting time automatically raises their monthly support payments.
Getting these legal protections in place makes sure the court bases its final support math on real daily parenting time. Working with an experienced family law attorney helps you gather clear evidence and present a strong case to the judge.
Factoring in emergency needs and extra costs
Abuse often brings unexpected bills that basic child support checks just will not cover. Beyond normal monthly payments, judges can order an abusive parent to pay for specific extra costs tied to the harm they caused. Saving receipts for things like counseling sessions, doctor visits or paid visitation monitors gives the judge a clear reason to add those costs to the order. Asking for temporary support right away during your initial restraining order hearing also helps you get fast financial relief without waiting months for your full divorce trial.
Taking your next steps toward safety and stability
Domestic violence changes how California judges handle custody and assign monthly bills. Keeping clean records of your daily schedule, monthly bills and safety needs helps you secure a support order that actually fits your life. Taking active steps now gives your kids the safety, care and financial support they deserve.]]>On Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[How is out-of-state property divided in a California divorce?]]>https://www.ckdfamilylaw.com/?p=505622026-08-27T14:36:30Z2026-09-01T14:36:12ZCalifornia's community property laws apply
California is one of nine community property states in the United States. In most cases, assets that spouses acquire during the marriage are community property. Courts generally divide these assets equally. This rule usually applies even when the property is in another state.
If the court has jurisdiction over both spouses, it can divide marital assets, including property outside the state. However, it cannot directly transfer ownership of real estate in another state. Instead, the court may order one spouse to sign the documents needed to transfer ownership. It may also use monetary offsets to create an equal division. The court classifies the property under California law instead of using the law of the state where the real estate is located.
Practical challenges with out-of-state assets
Dividing out-of-state property often involves extra steps. Each state controls its own real estate records and ownership process. You may need to complete additional legal procedures in the state where the property is located before ownership can change or the property can be sold.
Even if the other state uses equitable distribution instead of community property, California generally applies its own property laws during the divorce. You may still need to follow that state's legal process to carry out the court's order.
Valuation and division options
Out-of-state property must have an accurate value before the court can divide it fairly. You may need an appraisal from a professional who knows the local market. A reliable valuation helps both spouses receive a fair share of the marital estate.
There are several ways to divide out-of-state property. One spouse may buy out the other's share. You may sell the property and split the proceeds. The court may also award one spouse the property and balance the division with other marital assets. The best option depends on your finances, your goals and the types of property involved.
Tax and financial implications
Property transfers can have tax consequences. Rules for capital gains, income and other taxes may differ from one state to another. Before you finalize a property division agreement, you may want to speak with a financial professional who understands multi-state tax issues.
Learning about these issues early can help you make informed decisions about which assets to keep and which to exchange during the divorce.
Managing multi-state property division
Dividing out-of-state property in a divorce involves more than deciding who keeps each asset. It also requires following California's community property laws while meeting legal requirements in other states. Property values, taxes and extra legal steps can all affect the process. Careful planning can help support a fair division of the marital estate, no matter where the property is located.]]>On Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[Can your spouse take half of your inheritance?]]>https://www.ckdfamilylaw.com/?p=505602026-08-17T15:28:29Z2026-08-24T15:27:54ZYour spouse may be entitled to a portion of your inheritance during your divorce. It depends on a variety of factors, including how you received, used and stored that inheritance.
California is a community property state. In general, this means that all community property is owned by both spouses and may have to be split equally. However, if you have separate property, you get to keep it exclusively during the divorce.So the question then becomes whether or not an inheritance that you got from your parents qualifies as a community asset or a separate asset. If it is a separate asset, you can keep the entire amount. If it is a community asset, you may need to split it with your spouse.
Commingling your inheritance
The general rule with an inheritance is that, at the time you initially receive it, it is a separate asset that belongs only to you.However, that inheritance can be commingled in a number of ways. You may mix it together with other marital funds, for example, if you put it into a joint investment account or a joint bank account. You may give your spouse access to it if you use the money to pay shared debts and bills, such as property taxes, mortgage payments or credit card bills. You can also commingle the inheritance if you use it to buy another marital asset, such as purchasing a home together.Once the inheritance has been commingled, this can turn it into a community asset, meaning that your spouse has a right to it along with you.
Navigating a complicated divorce
As you can imagine, one type of conflict during high-asset divorce cases is whether or not the inheritance has to be split. If you find yourself in this position, it is crucial that you know what legal options you have.
]]>On Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[Can your ex-spouse relocate to another country with your child?]]>https://www.ckdfamilylaw.com/?p=505812026-08-19T07:27:12Z2026-08-22T07:13:20ZWhat does the law say?
Under California law, a co-parent cannot relocate to a place that is located outside the state or in a different country without your written consent or a 'move away' order from the court. If they flee the country with the child by keeping you and the court in the dark, they may face felony charges that can result in jail time under the International Parental Kidnapping Crime Act (IPKCA).
Can the Hague Convention help you?
In some international custody disputes, the Hague Convention may come to the rescue. It has a judicial mechanism in place that can return a child who was wrongfully removed from their place of habitual residence (the United States). If the parent had moved to one of the countries that has signed the Hague Convention with the U.S. regarding child custody, their court may order the return of your child to California, leaving the ultimate decision to local state courts.
Protect your parental rights
If you fear your ex-spouse is planning to leave the country, you may file an urgent ex parte petition in California family court with the help of an attorney experienced in child custody laws. It may help you get emergency sole custody of the child. If they have already left, you can report the abduction to local law enforcement and later bring it to the court’s attention.]]>On Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[When abuse compels an immigrant spouse to divorce]]>https://www.ckdfamilylaw.com/?p=505432026-08-17T15:28:24Z2026-08-21T12:24:53ZTaking legal action could be helpful
Immigrant spouses experiencing domestic violence may fear reporting the matter to law enforcement. They may worry about everyone siding with their abuser or about the possibility of removal from the country.
However, when immigrants are victims of crimes committed by United States citizens, they sometimes become eligible for special visas. The U visa allows an immigrant who assisted in the prosecution of a criminal to legally remain in the country.
A spouse who might lose their conditional green card due to a divorce before the marriage lasted at least two years could remain in the country and pursue eligibility for a standard green card if they qualify for the U visa. There are also many forms of social and practical support available to survivors of domestic violence, provided that they know where to look.
Discussing the need for a divorce due to violence in the home with an attorney can help immigrant spouses understand their rights. A divorce lawyer can provide guidance, offer information about immigration challenges and even help survivors make use of the systems in place for their protection.]]>On Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[Virtual visits are beneficial in some parenting plans]]>https://www.ckdfamilylaw.com/?p=504962026-08-13T09:13:36Z2026-08-21T09:12:48ZParents who divorce have to determine what to include in the parenting plan. For some people, this is fairly simple; however, it gets more complex if the parents won’t live in the same area or perhaps not even the same country. This means that the parents have to determine how the children can remain connected to their parent, even though they don’t get to see them frequently in person.
Virtual visits are one option that may be beneficial in these cases. A virtual visit allows the children to remain connected with their parent through video calls, messaging, and other electronic methods. These shouldn’t be considered a replacement for in-person visits, but they can be used to bridge the gap between those in-person visits.
Making the most of virtual visits
When virtual visits are built into the parenting plan, it’s important to set rules. One of these should be that the parent and children are free to communicate openly and without monitoring. The visits times and methods may need to be scheduled, particularly when the children are younger. As they get older, it may be possible to allow the children to set the schedule with the parent themselves. The parent who’s using virtual visits to stay in touch with their child should remember that they need to plan visits based on the child’s schedule, especially if there’s a difference in time zones. Virtual visits can include a variety of things, such as talking, reading books, studying, playing games or doing anything the child and parent enjoy. The key is determining what works best for the virtual visit. Setting up the parenting plan as quickly as possible is critical, but it’s just as important to ensure the child’s needs are met. Working with someone familiar with these matters is beneficial for parents and their children.
]]>On Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[Different types of domestic violence in California]]>https://www.ckdfamilylaw.com/?p=505402026-08-17T15:28:16Z2026-08-20T15:27:53ZDomestic violence and abuse can take many different forms in California. Often, it means that a person is accused of recklessly or intentionally causing bodily injury. They could also be accused of simply threatening to cause bodily injury. If a person has a reasonable expectation that they could be injured, even if physical contact is not made, it can still qualify as domestic violence.On top of that, it is important to remember that physical assault and injury are not required when it comes to certain types of abusive behavior. Abuse could include stalking someone, harassing them, destroying their personal property, committing sexual assault and much more. This is especially true if there is a protective order on file. A person could be accused of violating that order simply by coming within a certain distance of the individual named in the order, even if no further physical contact takes place.
Controlling behaviors
In some situations, evidence of domestic violence could include controlling behavior by one party. They may isolate the other individual from their social support systems, such as friends and relatives. They may control their access to basic necessities or funds, such as prohibiting them from accessing a bank account. They may monitor that person's movements and communications, seeking to take control of every aspect of their life.Domestic violence can include spouses, and often does, as it may be one of the reasons that a person eventually decides to file for divorce. But it can also include other members of the family unit or people who live in the home, such as a romantic partner who is not married, a child, a stepchild or a parent.Those who believe they are facing domestic violence need to know their legal options, both when it comes to securing protective orders and considering the potential for divorce and the end of the relationship.
]]>On Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[Custody and international travel: What to know]]>https://www.ckdfamilylaw.com/?p=505262026-08-13T09:13:31Z2026-08-20T09:12:48ZMost people don’t think about exactly how international travel will work if they’re bringing their children, with only one parent traveling. This is especially important if you and your child’s other parent are divorced. There are practical and legal issues that you have to prepare for before you try to leave the United States.
Children will need their own passports to travel internationally. This requires permission from both parents. While that may seem extreme, it’s a safety measure that’s meant to reduce the chance of one parent getting travel documents without the other parent knowing and then trying to leave the country with the child.
Consent is critical
A child who’s traveling internationally with only one parent is often a red flag for border officials and airline staff. This isn’t because they’re making baseless accusations about your intent for the children. It’s because they want to ensure that everything is being handled properly. Because of this, they may ask to see a letter of consent that shows the trip is authorized by the nontraveling parent. In some cases, this might come in the form of a court order.
Proper documentation
Another consideration is that some destination countries may require specific documentation beyond a basic passport. This may include the letter of consent, the child’s birth certificate and other specific documents. Some of these may need official seals or notarization. The parenting plan may include travel or geographic restrictions, so those must be complied with. Reading through the plan before planning international travel is a good idea to ensure you comply with the requirements. These cases can be complex, so it might be beneficial to have someone familiar with international travel in cases involving child custody. ]]>On Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[How passport rules can limit international parental abduction risk]]>https://www.ckdfamilylaw.com/?p=505382026-08-14T11:39:07Z2026-08-19T11:38:49ZDo the children have passports?
Typically, the consent of both parents is necessary for minor children to secure a passport. There is also an expectation that both parents should consent to any international travel planned for the children.
However, airport employees have no real means of validating if the other parent provided consent or the terms of a custody order. If the children already have passports, the parent concerned about the possibility of international kidnapping could request that they hold the passports for the protection of the children. Including that provision in the custody order makes it more difficult for the other parent to travel with the children without consent.
In scenarios where one parent plans international travel to maintain familial connections or help the children learn about their cultural history, the parent holding the passport may choose to withhold the passports until they have proof that the other parent purchased tickets for a return flight. They may also need an agreement in writing regarding the return date for the children to strengthen their case if they must take legal action to pursue the return of their children.
Discussing international custody concerns with an experienced family law attorney can help parents protect their children from a scenario that could remove them from the country and damage many of their most important relationships. The right custody standards limit the likelihood of international parental kidnapping and other cross-border custody complications.]]>On Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[Is a successful professional practice marital property?]]>https://www.ckdfamilylaw.com/?p=505292026-08-13T09:13:26Z2026-08-19T09:12:47Zthe separate property of a spouse who started the business and whose professional services generate the revenue for the business.
If one spouse did not play any significant role in establishing a professional practice, does the other spouse retain the entire value of it after a divorce?
Professional practices are often partially marital assets
The timing of when someone started their practice, the resources they use to maintain the business and even the presence of a marital agreement can influence whether or not it is legally considered separate or marital property. Most of the time, professional practices started during marriage are part of the marital estate.
Even professional practices begun before marriage can be partially subject to division during divorce, as the appreciation in value during the marriage may be part of the marital estate. Spouses may need help tracking the growth of the business and estimating what it is worth. They may also need assistance as they negotiate for reasonable property division terms.
Getting legal guidance from someone experienced in complex property division matters can help those concerned about fairness when one spouse owns a professional practice. It is often possible to account for the value of a practice without liquidating the business or imposing joint ownership on the couple after the divorce.]]>