<![CDATA[Westlake Divorce Attorney - Video Blog]]>Thu, 21 May 2026 15:25:46 -0700Weebly<![CDATA[Children's Health Insurance in Divorce: A Primer]]>Tue, 25 Feb 2025 23:20:46 GMThttps://www.westlakedivorceattorney.com/video-blog/childrens-health-insurance-in-divorce-a-primer
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]]><![CDATA[What to know about children's health insurance during a divorce]]>Tue, 11 Feb 2025 21:32:57 GMThttps://www.westlakedivorceattorney.com/video-blog/what-to-know-about-childrens-health-insurance-during-a-divorceIn California divorces involving minor children, courts require parents to address health insurance coverage, ensuring continuity of care through employer-sponsored plans, COBRA, Covered California, or Medi-Cal, while also establishing cost-sharing arrangements and procedures for medical expenses.

When parents divorce in California, ensuring continuous health insurance coverage for their children becomes a critical consideration that must be addressed in the divorce settlement. California law places significant emphasis on protecting children's well-being during and after divorce, and this includes maintaining their healthcare coverage.

Here's what parents need to know about handling children's health insurance during and after a divorce in California. California courts require that children's health insurance be addressed in any divorce settlement involving minor children. Under California Family Code Section 3751, the court can order either parent to maintain health insurance coverage for their children, provided it's available at reasonable cost through employment or other group health plans. "Reasonable cost" typically means that the insurance premium costs no more than 5% of the responsible parent's gross income.

The court order will specify: Which parent is responsible for maintaining health insurance How uncovered medical expenses will be divided The timeline for reimbursing the other parent for medical expenses Procedures for handling emergency medical situations The kinds of insurance coverage for minors that are acceptable in the court’s view include: Employer-Sponsored Coverage: If children were covered under a parent's employer-sponsored plan before divorce, they can typically continue this coverage. The parent carrying the insurance must notify their employer and insurance provider of any changes in family status and ensure the children remain enrolled. COBRA Coverage: If children were covered under the non-custodial parent's insurance and that coverage would otherwise terminate, COBRA (Consolidated Omnibus Budget Reconciliation Act) allows for continued coverage for up to 36 months. However, COBRA premiums can be expensive, as the full cost of insurance must be paid without employer contributions. Covered California: The state's health insurance marketplace offers various plans for children if employer-sponsored coverage isn't available.

Income-based subsidies may help reduce premium costs. Medi-Cal: Low-income families may qualify for Medi-Cal, California's Medicaid program, which provides free or low-cost health coverage for children. California courts typically require both parents to share the cost of children's healthcare. These costs include monthly insurance premiums, copayments and deductibles, uncovered medical expenses, dental/vision, mental health services, and prescriptions. The cost-sharing arrangement usually aligns with the parent's income levels and the percentage of time each parent has physical custody of the children.

The court order will specify exactly how these expenses should be divided and the procedure for reimbursement. That said, changes in employment, insurance availability, or financial circumstances may necessitate modifications to the original insurance orders. Either parent can request a modification if there has been a significant change in circumstances. These might include loss of employment, onerous increases in insurance premiums, relocation that affects network coverage, or changes in a child’s medical needs.  It will be important for parents to keep detailed records of all medical expenses, including receipts, explanation of benefits statements, and correspondence about medical care. Make sure that they are maintaining clear communication with each other about medical appointments, treatments, and expenses.

Many courts recommend using co-parenting apps such as Talking Parents or Our Family Wizard or email to document all healthcare-related communications. It is also essential that one parent inform the other parent promptly about medical emergencies and seek their input on non-emergency medical decisions as required by the custody agreement. Make sure both parents have copies of current insurance cards and understand how to access medical care within the insurance network. There are several common pitfalls to avoid regarding minors’ insurance coverage. Ensuring there is coverage during the transition period of divorce is paramount. Be careful to choose healthcare providers who are advantageously located for both parents to make sure healthcare is easily accessible for the child. If the children affected have any existing and ongoing medical condition or special needs, these must be considered in maintaining coverage as well.  Managing children's health insurance through divorce requires careful planning and clear communication between parents.

Understanding California's legal requirements, available insurance options, and best practices for handling healthcare expenses can help ensure children maintain access to necessary medical care throughout and after the divorce process. To avoid potential issues, it’s important that family law practitioners work directly with clients to make sure they understand their rights and obligations regarding maintaining children’s insurance throughout the divorce process.

​Emily Faye Robinson is a family law attorney and mediator in Los Angeles and Ventura Counties. 



]]><![CDATA[The Rise of Female Breadwinners: Challenging Traditional Divorce Dynamics]]>Fri, 24 Jan 2025 19:00:29 GMThttps://www.westlakedivorceattorney.com/video-blog/the-rise-of-female-breadwinners-challenging-traditional-divorce-dynamics
Financial advisers note that female breadwinners face distinct challenges in
protecting their assets during divorce. Many have built successful careers while
maintaining primary responsibility for the household, leading to complex
discussions about contributions to marital assets.

The increasing prevalence of female breadwinners has significantly
impacted both divorce proceedings and post-divorce dynamics in recent
years. As women continue to advance professionally and earn higher
incomes, traditional assumptions about alimony, child support and asset
division are being reexamined.

According to the most recent U.S. Census data, nearly 40% of
heterosexual households have female primary earners. This shift has
created new challenges in divorce settlements, particularly regarding
spousal support. Courts have increasingly ordered women to pay
alimony to ex-husbands, a reversal of historical patterns where men were
typically the providers of post-divorce support.

Financial advisers note that female breadwinners face distinct challenges
in protecting their assets during divorce. Many have built successful
careers while maintaining primary responsibility for the household,
leading to complex discussions about contributions to marital assets. The
division of retirement accounts, business interests, and investment
portfolios requires careful consideration when the higher earner is
female.

Accordingly, divorce proceedings can take a particular toll on female
breadwinners. While deviating from traditional gender roles by being the
primary earners as noted previously, they still often serve double-time as the primary caretakers for children and households. This creates specific
tensions when determining custody arrangements and support
payments. Some courts need help to balance these dual roles,
potentially leading to outcomes that may feel inequitable to high-earning
women.

Legal precedents are still evolving to address these modern scenarios.
Courts increasingly recognize that spousal support should be based on
economic factors rather than gender. However, some jurisdictions show
lingering bias in their handling of cases involving female breadwinners,
particularly regarding expectations about continuing to provide financial
support while maintaining primary custody of children.

The psychological impact on both parties can be significant. As with
many obligated to pay alimony, women may experience resentment at
supporting former spouses who earned less during the marriage, with
the added twist that some men report feeling emasculated when
receiving support from ex-wives. These emotional dynamics can
complicate negotiations and lead to more contentious divorces.
The impact extends beyond immediate divorce settlements. Female
breadwinners often face unique challenges in rebuilding their financial
lives post-divorce. While typically better positioned economically than
lower-earning women, they may need help with reduced retirement
savings and investment opportunities due to support obligations and
childcare costs.

Tax implications also differ for female breadwinners in divorce. Recent
changes to tax laws regarding alimony payments, Tax Cuts and Jobs Act
(TCJA) of 2017, which took effect in 2019, have particularly affected high-
earning women who must pay support. Understanding these implications
is crucial for negotiating fair settlements and managing post-divorce
finances.
​
There's growing recognition that traditional divorce frameworks may
need updating to reflect modern economic realities and I foresee an

evolution in how courts handle cases involving female breadwinners. At
this point, some jurisdictions are developing more nuanced approaches
to support calculations considering financial contributions and non-
monetary responsibilities.

Mental health professionals emphasize the importance of support
systems for both parties. Female breadwinners often benefit from
connecting with others in similar positions, while their former spouses
may need assistance adjusting to new financial dynamics. These support
networks can help both parties navigate the emotional and practical
challenges of their changing roles. The trend of female breadwinners in
divorce highlights broader societal shifts in gender roles and economic
dynamics. As more women achieve financial success, divorce laws and
practices continue to adapt. Understanding these changes is crucial for
legal professionals, financial advisers, and couples facing divorce in
today's evolving social landscape.

Success in navigating these situations often depends on both parties'
ability to move beyond traditional gender expectations and focus on
equitable solutions based on economic realities. This may require new
approaches to mediation and settlement negotiations that acknowledge
the specific challenges faced by high-earning women while ensuring fair
outcomes for all parties involved.

Emily Faye Robinson practices in Los Angeles and Ventura Counties . She
focuses on family law and mediation . She graduated from University Of
California , Hastings College of the Law and is a certified mediator. She is
appointed by the Los Angeles Superior Court t o represent children in
contested custody cases as a minor' s counsel.




]]><![CDATA[The Rise of "Gray Divorce" and Why Older Adults Are Choosing to Split Up]]>Wed, 04 Dec 2024 21:29:13 GMThttps://www.westlakedivorceattorney.com/video-blog/the-rise-of-gray-divorce-and-why-older-adults-are-choosing-to-split-up
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An estimated 1 in 4 divorces now occur among couples over 50. The phenomenon of Gray divorce  represents a significant shift in how society views marriage, aging, and personal fulfilment. 

Emily Faye Robinson: Attorney and Mediator  Emily graduated from UC Hastings College of the Law and is a certified mediator. Prior to that, Emily  attended UC Santa Barbara, where she graduated with a B.A. in Psychology and a B.A. in  Communication. She is appointed by the Los Angeles Superior Court to represent children in  contested custody cases as minor’s counsel. 

The term “gray divorce” has emerged in recent decades to describe a growing demographic trend: the increasing divorce rate among couples 50 and older. While overall divorce rates have stabilized or  declined in many age groups, divorces among older adults have more than doubled since 1990, with  the rate rising from 5 divorces per 1,000 married persons to 10 per 1,000 by 2015, according to Pew  Research Center data. This surge represents an estimated 1 in 4 divorces now occurring among  couples over 50. 

The phenomenon of gray divorce represents a significant shift in how society views marriage, aging,  and personal fulfilment. Baby boomers, who pioneered many social changes throughout their lives,  are again reshaping cultural norms by challenging the traditional notion that marriage is forever. Studies show that approximately 25% of divorces in 2021 involved couples married for over 20 years.  Several factors contribute to this trend. Today's older adults are generally healthier, with average life  expectancy increasing from 69.7 years in 1960 to 79.1 years in 2022. They're also more financially  independent than previous generations, with 55% of baby boomer women participating in the labor  force compared to just 34% of their mothers’ generation. With potentially 20-30 years of life ahead  after retirement, many are unwilling to remain in unsatisfying relationships. Research indicates that  76% of gray divorces are initiated by women, who often have their own careers and pension plans. 

Gray divorce presents distinct challenges that younger couples typically don't face. Financial  implications can be particularly severe. Retirement accounts must often be split, leaving each party  with significantly reduced savings. Couples also face the issue of paying for college for their adult  children, among other expenses they had hoped to cover. Additionally, when one party has not  worked, s/he faces the challenge of divorce with no ability or prospect of starting a career at this life  stage. Despite these challenges, many who experience Gray divorce report positive outcomes. According to  a 2019 AARP survey, 76% of women and 67% of men report being happier after their divorce. 

Research suggests that women, in particular, often find new independence and satisfaction, with  65% reporting improved emotional well-being within three years of separation. 

For those contemplating Gray divorce, I recommend careful consideration of several factors: 
• Financial Planning: Consulting both financial advisors and family law attorneys specializing in later life separation is crucial. 
• Health Insurance: Those under 65 must plan for healthcare coverage, especially if they've been  covered under a spouse's plan. 
• Housing: Decisions about the family home should balance emotional attachment with practical  considerations. Because of the later stage of life involved, housing can take on an outsized role in  your quality of life. 
• Adult Children: Even though there is no obligation to provide for adult children, many parents want  to do so and need to come up with agreements to cover these expenses. 

Gray divorce, while challenging, reflects broader societal changes in how we view aging,  relationships, and personal fulfilment. As life expectancy increases and social norms continue to  evolve, the decision to divorce later in life may become increasingly common.

Current projections  suggest the number of Gray divorces could increase by 35% by 2030, driven by changing attitudes  and demographic shifts. 

​For many, Gray divorce is not an ending but a new beginning—a chance to craft the next chapter of  life with the clarity, wisdom, and experience gained over the years. However, starting this journey  calls for thoughtful planning and a clear-eyed approach.

]]><![CDATA[The Crucial Role of Minor's Counsel in Family Law]]>Thu, 07 Nov 2024 23:07:14 GMThttps://www.westlakedivorceattorney.com/video-blog/the-crucial-role-of-minors-counsel-in-family-law
Minor's counsel holds a unique position within the legal system. Unlike attorneys who represent parents or other parties, we are appointed by the court to champion the best interests of the child. This role is pivotal in ensuring that the child's voice is not lost in the cacophony of legal disputes and their needs are given the utmost priority.

In the complex world of family law, one often overlooked yet vital role is that of minor's counsel. As an attorney who has dedicated much of my career to this field, I've seen firsthand the profound impact this position can have on the lives of children caught in the crossfire of legal disputes.
My journey in family law began in 2007, initially focusing on general practice. However, as I delved deeper into custody cases, I realized that the most vulnerable parties—the children— often lacked a strong advocate. This realization prompted me to shift my focus to serving as minor's counsel, a decision that has shaped my career and, I believe, made a significant difference in many young lives.

Minor's counsel holds a unique position within the legal system. Unlike attorneys who represent parents or other parties, we are appointed by the court to champion the best interests of the child. This role is pivotal in ensuring that the child's voice is not lost in the cacophony of legal disputes and their needs are given the utmost priority.

According to the California Rules of Court, our primary duty is to gather and present evidence pertaining to the child's best interests. This involves interviewing the child in a safe, comfortable environment; reviewing all relevant court files and records; consulting with teachers, health care providers, and other professionals involved in the child's life; and conducting thorough investigations to uncover any factors affecting the child's well-being.

One of our biggest challenges is the need for more clarity about our role. Many assume we simply relay the child's wishes to the court or that we favor one parent over another. In reality, our job is far more nuanced. We must balance the child's expressed desires with what we determine to be in their best interest. We remain neutral, focusing solely on the child's well-being rather than aligning with either parent. We do not testify in court but rather advocate based on our investigations and professional judgment.

Serving as a minor's counsel requires a unique skill set. Beyond legal expertise, we must be adept at communicating with children of various ages and developmental stages and recognizing signs of abuse, neglect, or parental alienation. We also have to navigate complex family dynamics and have a considerable understanding of child psychology and development.

While the work can be emotionally taxing and often under-compensated, the rewards are immeasurable. We can provide a voice for children who might otherwise be silenced in the legal process and ensure that decisions are made with the child's best interests at heart. After all, our work could potentially change the trajectory of a child's life by advocating for their needs and well-being.

This work is crucial, and yet there is an ongoing shortage of lawyers filling this role in California. We are facing an increased need within the family courts, but the number of attorneys who are qualified and willing to serve in this capacity is being outpaced. While the complex nature of this work means a significant investment of time and care, the reward for those of us who undertake this mission is deep and meaningful. I encourage other family law practitioners to consider taking steps to receiving the required training and making a difference in the lives of children who are facing what is often the most challenging time of their young lives.

As family structures evolve and legal challenges become more complex, the role of minor's counsel will only grow in importance. We must continue to refine our practices, advocate for resources, and raise awareness about the vital role we play in the family law system.

In my years of practice, I've seen how a dedicated minor's counsel can make a profound difference in a child's life. It's challenging work, often met with resistance, but it remains the most fulfilling aspect of my legal career. As we move forward, my hope is that more attorneys will recognize the value of this role and the urgent need for their participation in the crucial work of protecting our most vulnerable citizens in the courtroom and beyond.
​
Emily Faye Robinson practices in Los Angeles and Ventura counties. She focuses on family law and mediation. She graduated from University of California, Hastings College of the Law and is a certified mediator. She is appointed by the Los Angeles Superior Court to represent children in contested custody cases as minor's counsel.

​
]]><![CDATA[The Role and Value of the Minor’s Counsel in Family Law September 12, 2024]]>Thu, 10 Oct 2024 22:29:35 GMThttps://www.westlakedivorceattorney.com/video-blog/the-role-and-value-of-the-minors-counsel-in-family-law-september-12-2024
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In 2007, I started working as a family law attorney for the first time. It wasn’t long before I noted that it was not the parents but the children in the middle of many family law cases who were the most victimized as litigation persisted. In some cases, the child wanted their own voice heard, but that was not always so. In other instances, parents were actively brainwashing the child. It wasn’t rare to find situations of emotional or physical abuse. 

Unfortunately, in many situations, their only chance of becoming healthy adults is for someone beyond their family system to advocate for them. As a result, I decided to pivot from representing parents to representing children to encourage healing for the children unlucky enough to find themselves in these situations.

The 2024 California Rules of Court state that a minor’s counsel represents “the child's best interest. The role of the child's counsel is to gather evidence that bears on the child's best interest and present that admissible evidence to the court in any manner appropriate for the counsel of a party. If the child so desires, the child's counsel must present the child's wishes to the court.” 

Once I decided to serve as a minor's counsel, I could do more to help the children caught in the middle of family law matters. Even though I am paid 25% of my normal rate for most cases, and often one or both parents do not like what I say, I find it truly meaningful because of my positive impact on children’s lives. 

A Minor Counsel’s responsibilities under Family Code section 3151 include interviewing the child, reviewing court files and relevant records available to both parties and making any further investigations necessary to establish relevant facts to custody and visitation issues. In many custody cases, the minor’s counsel is the only person centering and supporting the child.  The following are three critical points about the role of a minor’s counsel:

● Minor's Counsel is Focused on the Child: Many misunderstand the minor's counsel advocacy and assume it means one parent’s position is advanced at the expense of the other. The truth is, minor's counsel only serves the best interests of the child, with no parental bias whatsoever. We are neutral in our presentation of the child’s rights and well-being and we create an environment that is conducive to the child’s safety and unfettered opportunity to share their thoughts. We do not put pressure on children to take one side or the other, but come to understand their preferences and concerns. While our advocacy may at times echo what one of the parents is requesting, it is solely because we believe that position is appropriate and is not in any way designed to align with one parent’s requests. 

● Minor's Counsel's Role is Comprehensive: While the minor's counsel does provide point-in-time legal representation, the role extends well beyond legal advocacy in the courtroom. We are responsible for investigating the child's situation, which includes consulting with relevant parties such as doctors and teachers and gathering information about the child's environment and well-being. This comprehensive approach ensures the court fully understands the child's needs. 

● Minor's Counsel Prioritizes Safety: Everyone knows these cases can cause hurtful situations. Some believe that the minor's counsel can testify in court, which risks revealing the child's statements or preferences. In fact, the minor's counsel does not testify except on rare occasions; instead, they advocate to the court on behalf of the child based on their interviews and investigations. This distinction is crucial as it maintains the confidentiality and safety of the child's input.

My work takes a holistic approach, and my advocacy is rooted in evidence, clinician input, my expertise in this arena, and intuition. A child's desires must be respected while balancing whether or not they are mature and emotionally well enough for their preference also to be what is most advantageous for them and their situation. 

Kids want to be loved and taken care of and, understandably, are often unable to process the shifting dynamic they find themselves in fully. Too many times, I have seen children coached to say they want to live with one parent while that same parent is mentally manipulating and abusing them. It is a fine balance and each case has its own set of nuances that must be taken into account, but it is my job to get to the root of the matter on behalf of the children who find themselves inside deeply challenging custody battles. My mission is to give a chance to those without a voice in this system. I consider being a minor’s counsel the most critical work I’ve ever done. 

Emily Faye Robinson, Esq. practices in Los Angeles and Ventura Counties. She focuses on family law and mediation. 

Emily graduated from UC Hastings College of the Law and is a certified mediator. Before that, Emily attended UC Santa Barbara where she graduated with a B.A. in Psychology and a B.A. in Communication. 

She is appointed by the Los Angeles Superior Court to represent children in contested custody cases as minor’s counsel.

https://www.dailyjournal.com/articles/380909-understanding-the-role-of-minor-s-counsel-in-family-law-cases

]]><![CDATA[Statement on Minor’s Counsel Role]]>Tue, 17 Sep 2024 18:37:01 GMThttps://www.westlakedivorceattorney.com/video-blog/statement-on-minors-counsel-roleWhen I began working as a family law attorney, I decided to move from litigation to mediation and collaborative law to promote healing for those involved in these complex and difficult matters. 

I quickly noticed that the most unfortunate victims in the family law system were the children who were being dragged through litigation. Some wanted a voice, some didn’t as it meant they had to choose between two parents they loved. A vindictive parent brainwashed some. Some were emotionally abused. Their only chance at becoming healthy adults was for someone to intervene on their behalf. 

I became a minor's counsel to help kids even more. It is the most thankless job I have ever done, but I still love it because of the importance of this role in helping children heal. I am paid 25% of my normal rate and, usually, one or both parents do not like what I have to say. 

I base my recommendations on evidence, clinical input from medical professionals, ad experience. A child's preference should be heard and respected. But the child also has to be mature enough and mentally healthy enough for that preference to represent what is best for the child. Too many times, I have seen children coached to want to live with one parent when the parent coaching them is mentally manipulating them. But kids just want to be loved and taken care of and, understandably, are often unable to fully process the dynamic they find themselves in. 

I have been blessed to have a loving family and to have been able to go to law school. I am where I am because of the generous people who helped me along the way, even when I did not always appreciate or deserve it. I am a minor’s counsel so that I can give a chance to those without a voice in this system. I consider it the most important work I’ve ever done. 

​Sincerely,
Emily F. Robinson, Esq.
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