San Mateo Family Law And Workers' Compensation Blog

During your divorce in California, the transition from spouse to individual comes with varying degrees of stress and uncertainty. The negotiations regarding spousal support may cause the feelings of losing control and ambiguity. If the court system is involved in the proceedings, there is tension even if all parties involved understand the events unfolding. At De Ita, Lowe & Wald, LLP, we recognize that understanding the factors that judges must consider if one spouse or partner requires financial assistance may help ease the transition.

According to the California Courts, marketable skills, the current job market and the earning capacity of you and your spouse are all elements that influence a judge’s decision. If the spouse receiving support does not have the job skills necessary, the amount awarded may take into consideration the amount of time and training needed to develop skills to find employment.

There are two types of custody in California: physical custody and legal custody. The state judicial branch defines physical custody as "who your children live with" and legal custody as "who makes important decisions for your children." Parents can share these responsibilities, or one can take on a specific role.

In a joint custody situation, the key to your child’s successful future is communication with your counterpart. As long the two of you can agree on important decisions and a visitation schedule, you won’t have to go back to court where a judge will decide for you. If a judge does get involved, there are four types of visitation orders that can be given:

• Reasonable visitation – This entails an open-ended schedule with no specifics as to when you and your child can spend time together.
• Visitation according to a schedule – This detailed plan attempts to prevent conflict through appointing specific days when your child will be with a specific parent.
• Supervised visitation – This is used in two instances: when your child needs time to get to know you as a parent, and when your child’s safety requires another adult’s presence.
• No visitation – If visiting with a specific parent causes physical or emotional harm to your child, this option may be established for your child’s best interests.

No one goes to work expecting to end up injured. However, workplace injuries and illnesses are a real risk for Californian workers. That's why workers' compensation exists — to protect those who work for a living from ending up indigent, homeless and without medical care due to a work-related injury. Many people only have a very basic understanding about workers' compensation insurance until they discover that they need its coverage.

People often don't understand how workers' compensation functions. Worse yet, they may not know what benefits exist in the program. Not knowing can result in failing to receive the benefits you deserve for your work injury. Educating yourself about workers' compensation can help you stand up for your rights.