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San Jose Divorce Lawyers Blog

What Is a COLA Clause?

In most cases child support orders are set based on the income, custodial time share, and living expenses of both parents. Modifications can be requested to support orders can be done whenever one of these variables changes. If a non-custodial paying parent becomes unemployed or employed in a lower paying position, or if custody arrangements change so the paying parent is now physically caring for the child for a larger percentage of time they should get a modification.  However in order to eliminate a time consuming court hearing, if one parent’s income regularly is increased from the rising cost of living (military pay and/or government employees may have this) a judge in California could consider a Cost of Living Adjustment (COLA) clause in your child support order. Read more about this topic in our article titled “What is a COLA Clause?

What Type of Income Counts for the Purpose of Determining Child Support?

Child support is often one of the most contentious issues during a divorce, but it is also unavoidable. The law requires that both parents are responsible for the care of their child whether they choose to remain married or not. When calculating child support, the state uses a formula that takes into account the income of both parents, as well as the percentage of time each parent is considered responsible for the child. To read more about this topic read our article titled “What Type of Income Counts for the Purpose of Determining Child Support?

Creating a Holiday Visitation Schedule

Child custody and visitation arrangements are a key part of any divorce involving children. One issue that parents often overlook is the necessity of a creating a holiday visitation schedule. Typically children will visit their Mom on her birthday and Mother’s Day and their Dad on his birthday and Father’s Day. What is typically done during other holidays? Read more about this subject in our article titled “Creating a Holiday Visitation Schedule“.

What Can I Take with Me If I Move Out Before the Divorce Is Finalized?

If you are seeking a Santa Clara County divorce, you are generally not legally obligated to move out of the marital home until the divorce is finalized or your spouse has obtained a restraining order that compels you to find other living accommodations. However, many people choose to move out before the divorce is finalized to avoid the tension created by living under the same roof as their soon-to-be ex spouse.

Read our blog titled  “What Can I Take with Me If I Move Out Before the Divorce Is Finalized?” that discusses the things you can and can’t take with your before your divorce is finalized.