San Francisco Divorce Advice

How a mediator can assist with post-decree issues

The divorce help a mediator can provide often occurs after the divorce is final. Divorce advice that is sought months or years after the marriage dissolution generally revolves around what to do after a significant change in circumstances, or what to do if a party violates a term of the divorce. The spouse who did not violate a term in the divorce agreement can ask the court to enforce what was in the original decree, or the parties can seek out a mediator to assist them in resolving their post-decree issues.

What leads a divorced individual to seek post-divorce help? Typically, it is to address two variables:

• Significant changes in income or net worth in either party
• Matters pertaining to children

If, for example, one spouse loses his or her job and enters an extended period of low or no income, spousal and child support might need to be adjusted. However, the court does not entertain an increase in support payments if a supporting spouse (the higher-earning individual who pays alimony) experiences an increase in income. Working with an experienced San Francisco mediator with a detailed knowledge of divorce law can help resolve these issues more quickly. A mediator at McDonald & Mannion can assist with issues that arise after divorce and can provide the type of post-divorce help you need to resolve these matters amicably.

What to do about late or missing child support payments

When the supporting parent falls behind or ceases child support payments altogether, a number of legal instruments can be used to correct this situation:

• Writ of Execution: The custodial parent can ask the court to seize and sell assets of the non-supporting spouse.
• Wage Assignment Order: This is when the court orders the employer of the supporting spouse to directly pay child or spousal support amounts straight from his or her income. The threat to use this tool can be a powerful motivator as quite often that person does not want involvement of his employer’s payroll department. The supporting spouse might instead free up other resources.
• Child Support Security Account: As a hedge against non-payment of child support, the court can order the supporting spouse to establish 12 months of support funds in an interest-bearing account. This account can be tapped into whenever a support payment is ten or more days late.

Divorce help in San Francisco

Post-divorce litigation is unpleasant for all parties involved. Instead of litigation, mediation is a viable alternative and one that we strongly advocate. Post-divorce advice in San Francisco from a skilled mediator supplements the emotional support parties get from family and friends. Mediation allows each party to directly hear the concerns of the other party, and, with the assistance of the neutral mediator, can accommodate those concerns more quickly and with less expense.

The help a mediator provides in these trying circumstances is essential to managing your life from this point forward. Perhaps a fair and equitable agreement is already in place, but it needs to be discussed to be enforced. Working through conflict in as civilized a manner as possible can have positive long-term effects on children. By avoiding court fights the parties can preserve a relatively amicable relationship and avoid having children embroiled in messy squabbling.

For San Francisco divorce advice, contact McDonald & Mannion to learn more about managing divorce before, during, and after its finalization. For your convenience, we also offer services in Spanish.