Latest News | Claery & Hammond, LLP

Posted By Claery & Hammond, LLP 22-Jun-2020

Will I Get a $500 Stimulus Check for My College Student?

In the middle of March of 2020, President Donald Trump declared a national emergency in response to the coronavirus pandemic, otherwise known as “COVID-19.” In a matter of days, schools closed, non-essential businesses were directed by ...

Posted By Claery & Hammond, LLP 8-Jun-2020

Custody Rights of Unwed Mothers

If you’re an unmarried mother, it’s only normal for you to wonder about your child’s father’s custody rights to his child. Does he have any custody rights? Can he insist on seeing his child or the child spending the night at ...

Posted By Claery & Hammond, LLP 18-May-2020

Want a Collaborative Divorce? Take This Advice!

If divorce were “easier,” we’d probably see a lot more of it. Divorce is difficult, not necessarily because couples break up, but because there is so much involved. From child custody to putting the house on the market, to boxing up ...

Posted By Claery & Hammond, LLP 4-May-2020

Are You a Dad? Don't Abandon Your Child Custody Rights!

Are you a father who is headed toward divorce ? Or, has your wife already had the divorce papers served? In any case, your relationship with your children is a top priority and you probably have a lot of questions about child custody. If your heart ...

Posted By Claery & Hammond, LLP 13-Apr-2020

How the Coronavirus Will Impact Child Custody

Arguably, everyone who is alive today can say, “I’ve never seen anything like the coronavirus pandemic.” Restaurants are closed for indoor dining. Movie theatres, amusement parks, gyms, and health clubs are closed. Dry cleaners, ...

Posted By Claery & Hammond, LLP 6-Apr-2020

Has COVID-19 Impacted Child Support?

At the beginning of February, unemployment in the United States had reached a 50-year low. Wage growth was strong, the U.S. economic picture was robust and small business owners were optimistic about the future. Then, the novel coronavirus arrived in ...

Posted By Claery & Hammond, LLP 23-Mar-2020

Is Debt Split 50/50 in a California Divorce?

As someone who is divorcing, you’re probably aware that your marital property is subject to division in the divorce, but what about debts accumulated by you and your spouse? Do you know how those are divided? Does the spouse who incurred the ...

Posted By Claery & Hammond, LLP 9-Mar-2020

License & Passport Suspensions for Child Support in California

Across the country, it’s very difficult for a noncustodial parent to escape paying child support as parents did in the past. These days, local child support agencies have numerous tools in their toolbox to enforce child support orders, ...

Posted By Claery & Hammond, LLP 17-Feb-2020

Does CalWORKs Affect Child Support?

Are you receiving CalWORKs? Or, is your ex receiving CalWORKs? Whether you’re applying for it, already receiving it, or your ex is receiving it, you may want to know, “If someone receives CalWORKs, does it affect how much child support ...

Posted By Claery & Hammond, LLP 3-Feb-2020

Are You Ready to Be a Single Parent?

So, you’re getting a divorce. Up until now, surely, you’ve been sharing parenting responsibilities with your spouse. Whether you are the parent who has been spending more or less time with the children based on your work circumstances, ...

Posted By Claery & Hammond, LLP 20-Jan-2020

Child Custody: Reasons Not to Move Away

When it comes to the subject of divorce, there’s one thing that is a constant and it is change. If you’re a parent who is on the road to divorce, you may not realize it but your life will probably look very different five years from now, ...

Posted By Claery & Hammond, LLP 8-Jan-2020

Can a Mother Get Child Support Without Establishing Paternity?

These days, more (and more) children are being born out of wedlock or to unmarried parents, and there are reasons for this. For one, having a child outside of marriage has gone from being frowned upon to socially acceptable, even “normal” ...

Posted By Claery & Hammond, LLP 23-Dec-2019

Grandparents' Visitation Rights in California

If you’re a grandparent, you may be wondering if you can have any type of visitation rights in California. Since the laws vary from state to state, this is a reasonable question to ask indeed. As a grandparent in California, you are in luck. It ...

Posted By Claery & Hammond, LLP 9-Dec-2019

Handling Child Custody Over the Holidays

Now that it’s December, we are deep in the holiday season. Starbucks is selling its holiday beverages, outdoor shopping centers have put up their big trees, the Christmas lights have gone up on homes, fires have started crackling, and hot cocoa ...

Posted By Claery & Hammond, LLP 18-Nov-2019

Are You Committing Parental Alienation?

Let’s face it, divorce is extremely emotional for most people. When you get a divorce, your whole life is turned upside-down. You have to change all of your passwords, go over all of your assets and debts with a fine-toothed comb, possibly find ...

Posted By Claery & Hammond, LLP 4-Nov-2019

Can I Include Child Support Arrears in Bankruptcy?

In the United States, when debtors get too far behind on their debts, they have the option of filing Chapter 7 or Chapter 13 bankruptcy. Chapter 7 is known as the “debt liquidation bankruptcy,” and it’s basically reserved for ...

Posted By Claery & Hammond, LLP 21-Oct-2019

How Domestic Violence Can Impact Spousal Support

Each state views marital misconduct differently. For example, in one state, adultery may impact spousal support (alimony) and property division, but in another state, it may not matter at all. In California for example, if a lower-earning spouse ...

Posted By Claery & Hammond, LLP 7-Oct-2019

Will My Spouse Get Any of My Inheritance if I Divorce?

If you’re contemplating divorce and you expect to receive an inheritance in the near future, you may be wondering if your spouse will be entitled to any, if not half of your inheritance. This is not only a logical question, but it comes up ...

Posted By Claery & Hammond, LLP 24-Sep-2019

Should the Richer Parent Win Custody?

Let’s say you earn a modest middle-class salary, and your soon-to-be-ex earns a six-figure salary, or they don’t have to work because they have family money. You can only afford an apartment or a condo in San Diego, and your spouse can ...

Posted By Claery & Hammond, LLP 10-Sep-2019

Can I Avoid Child Support if I'm Disabled?

If you are a noncustodial parent who pays child support and you become disabled as a result of an accident, an illness, or a workplace accident, you may find yourself physically incapable of working. If you are disabled and unable to work, how does ...

Posted By Claery & Hammond, LLP 20-Aug-2019

How a Restraining Order Impacts a Divorce Case

Are you in a marriage with someone who is abusing you, your children, or your family pets? Or, are you being accused of committing domestic violence against your spouse or children? Either way, you’ll be interested in learning about domestic ...

Posted By Claery & Hammond, LLP 6-Aug-2019

Does Spousal Support End with Cohabitation in California?

Will spousal support (often called “alimony” in other states) be awarded in your divorce case? It depends because contrary to popular belief, spousal support is not automatically awarded in a California divorce. Spousal support is often ...

Posted By Claery & Hammond, LLP 15-Jul-2019

Default Divorce in San Diego

Have you been served divorce papers? If so, you may be in shock right now or perhaps you have been mentally preparing for this moment because you knew it was coming. So, what do you do next? What happens if you ignore the divorce petition? If you do ...

Posted By Claery & Hammond, LLP 1-Jul-2019

Should I Stay Off Social Media During Divorce?

If you’re like most people, you have at least a Facebook account. But the chances are high that you also have an Instagram account. You may even have a Facebook, Twitter, LinkedIn, Instagram, and Snapchat account among others. It’s no ...

Posted By Claery & Hammond, LLP 17-Jun-2019

When a Spouse is Wasting Marital Assets

Ideally, a divorcing couple will manage to have an amicable, collaborative divorce. The divorce will move forward relatively problem-free and both parties will walk away satisfied with the divorce settlement. But, we don’t live in a perfect ...