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California Family Code Section 7501 states that the parent entitled to custody determines the residence of the child. Recent higher court decisions have recognized the mobility of our culture and agreed to moves by the custodial parent. A parent wishing to block such a move or a non-custodial parent wishing to move with the children has the burden of a change of custody order.
The change of custody burden is a showing of “change of circumstance” such as showing a change of facts that make a change of residence of the children essential and expedient.
Practice shows that the spouse demonstrating the most need tied to a sincere and thoughtful plan for the advancement of a career will get the highest support from the court.
Practice also shows that the spouse demonstrating the greatest ability to earn coupled with sincerity in the other spouse will pay the least amount overall.
The Reynolds case holds that retirement is available to all of us at a reasonable age and the support obligation would terminate or reduce as a result of retirement.
Buying out the spouse on the house may be a good idea for both. No money is lost to costs of sale so the seller nets more. No moving trauma or costs benefit the buyer. Consider trading something valuable or a lowered amount of support.
You may keep the house without paying for it by agreement or by a deferred sale order under Family Code Sections 3800 – 3802.
Navy retirement and just about any other retirement earned during the marriage is community property and the amount earned only during the marriage is split with the non-member spouse. Consider trading something else for the community share.
Splitting a business without ruining the business or the managing spouse is the goal. Many business owners look at the buyout of the community business as a “double dip” when they are already committed to paying high rates of support. Appraisals need to consider the value of the loss of services of the spouse who has separated from the business.
Family Code Section 771 states that property held separately prior to the marriage remains separate property.