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Can Your Child Sue You For Child Support?

March 12, 2014/in Family Law, In the Community /by Mitchell Ehrlich

No, your child cannot sue you for child support – not yet, anyway. Recently, 18-year-old Rachel Canning caused a national stir when she sued her parents in a potentially precedent-setting lawsuit: the New Jersey teenager filed a lawsuit against her parents requesting $654 in child support per week, thousands of dollars in attorney fees, and immediate reimbursement of her high school tuition.

Ms. Canning claimed her parents threw her out of their Lincoln Park home two days before her 18^th birthday, whereas her parents insisted the teenager moved out voluntarily. Her father, Sean Canning, explained that his daughter left the family home because she didn’t want to do reasonable household chores, be respectful, or abide by their curfew. Mr. Canning stated that “the whole thing is just destroying our family. We love our daughter. She’s our pride and joy.” A retired Police Chief, Mr. Canning explained that he’s “a liberal, liberal parent… I was tougher on my cops at work than I’ve ever been at my home, that’s for sure.”

Last week, Morris County Court Judge Peter Bogaard ruled in favor of the Canning’s, reasoning that any other decision would set a bad precedent by setting limits on parenting. The court expressed concern that Ms. Canning’s rare case, if successful, could inspire similar suits in the future. Brian Schwartz, chairman of the New Jersey Bar Association’s Family Law Section states that “in my 20 years of practicing family law in New Jersey, I’ve never seen anything like this.” Adds Jeralyn Lawrence, the incoming Family Law Section chair: “This could open the floodgates of recalcitrant kids fighting with their parents, moving out, and then suing them to keep paying.”

To the relief (presumably) of all parties involved, Ms. Canning returned home to her parents and siblings this morning. During this afternoon’s press conference, Ms. Canning’s lawyer said the suit brought against her parents had been settled “amicably,” and that her return home was not contingent upon any financial or other considerations.

Notably, Ms. Canning was not seeking to be emancipated from her parents – her lawsuit was primarily financially driven. With emancipation, minors essentially function as adults in society. Generally, they can attend the schools of their choice, enter into legally binding contracts, purchase a home, keep any income earned from a job, and so on. In court filings, Ms. Canning insisted she was “old enough to do what she wanted” – but perhaps she realized that without anyone bankrolling her endeavors, her options to do whatever she wants at this stage in her life are fairly limited.

If you have any questions about your family law issues, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Having a knowledgeable, experienced family law attorney by your side can prove to be invaluable for your situation. Lonich Patton Erlich Policastri’s attorneys have decades of experience handling complex family law proceedings and offer a free half-hour consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Sources: http://www.foxnews.com/us/2014/03/05/new-jersey-teen-sues-parents-for-support-claiming-was-kicked-out-home/; http://www.latimes.com/nation/nationnow/la-na-nn-rachel-canning-goes-back-to-family-20140312,0,1541517.story#axzz2vmlZmHUm

Beware: Sign Your MSA With Care

March 12, 2014/in Family Law /by Gretchen Boger

A Marital Settlement Agreement (or “MSA”) is essentially a contract between a divorced couple that memorializes the division of property and debt. The document also allows the parties to include almost anything they desire in the agreement, such as who will provide support for adult children. The MSA is usually incorporated into the final judgment and signed by the judge, giving the contract the same effect of a court order.

Due to the finality and force of an MSA that has gone before the judge, promises made in the agreement should be made very carefully and taken very seriously. If you agree to something in your MSA, you must be prepared to follow through. One New Jersey father* learned that the hard way and will be required to provide fifty percent of the support his daughter needs at Cornell law school, per the MSA he signed with his ex-wife.

The father argued that although he agreed to help his daughter with her higher-education costs, he wanted to have a say in where she studied and where she lived. Not surprisingly, he wished her to choose a less-expensive alternative, but she chose Cornell. As of today, Cornell law school’s cost of attendance is around $80,000.

In the end, this father must pay about $120,000 for half of his daughter’s legal education because the agreement did not include typical language that would have given father a say in his daughter’s educational decisions. MSA’s are serious business; this situation is one example why it pays to have a great attorney looking out for your interests.

If you need guidance creating your MSA or are interested in creating a prenuptial agreement, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Our attorneys have decades of experience handling MSA’s and complex family law proceedings, and happily offer a free consultation to new clients.

*“Dad must pay half of his daughter’s law school expenses at Cornell, appeals court says,” via ABA Journal: http://www.abajournal.com/news/article/dad_must_pay_half_of_his_daughters_law_school_expenses_at_cornell_appeals_c

Philip Seymour Hoffman’s Will (Part 2): More Than Just Nickels and Dimes

March 7, 2014/in Estate Planning /by Michael Lonich

This is the second part of our series examining Philip Seymour Hoffman’s estate plan.

In the wake of Philip Seymour Hoffman’s untimely death, his estate planning documents have given us some insight into the actor and father of three. Hoffman’s estate plan was executed in 2004 and his will included some unique requests.*

Hoffman requested that the guardian of his children raise his oldest child, his son Cooper, in Manhattan, Chicago or San Francisco. He stated that “If my guardian cannot reside in any of such cities, then it is my strong desire, and not direction, that my son, Cooper Hoffman, visit these cities at least twice per year throughout such guardianship.” And the reason that Hoffman preferred these cities? “[S]o that my son will be exposed to the culture, arts and architecture that such cities offer.”

Hoffman’s will serves as a reminder that a will can be about more than just money and property. Your will can be a place to memorialize your wishes for your family, pets, property, or anything else your desire. Although wishes like Hoffman’s are not legally binding, your family may appreciate the chance to act on your desires in your absence. Your words could help your family make tough decisions in the future.

Hoffman’s will is a great reminder to get creative with our estate planning documents, for our family’s sake. If you’re interested in updating the language in your will, or would like to learn more about estate planning in general, call Lonich Patton Erlich Policastri to schedule a free half-hour consultation. Our attorneys are passionate about estate planning and have decades of experience handling complex estate planning matters, including wills and living trusts. If you are interested in developing an estate plan or reviewing your current estate plan, contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

*Read the original article that inspired this post, after the jump: http://celebrity.yahoo.com/blogs/celeb-news/philip-seymour-hoffman-s-will-revealed–did-not-want-son-raised-in-los-angeles-220210762.html

The “Dirty DUI” Case

March 4, 2014/in Family Law, In the Community /by Gina Policastri

The last of the participants in a widespread police corruption scandal was sentenced last week, finally concluding the saga that has been dubbed the “Dirty DUI” case. For those who haven’t been following the case, former Contra Costa County sheriff’s deputy, Stephen Tanabe, along with multiple other former police colleagues, aided a private investigator in arresting unsuspecting men outside bars for drunken driving. The private investigator’s attractive female employees had lured the men into drinking and driving in a plot to help their wives gain an advantage in their divorce and custody battles.

These elaborate stings were known as “dirty DUIs” and caused significant damage – both personally and financially – for all parties involved. Last week, Tanabe was ordered by U.S. District Judge Charles Breyer to spend 15 months in prison for his role in the scandal, which was notably lighter than the U.S. Sentencing Commission’s guidelines of 21-27 months for the crimes. However, Judge Breyer didn’t elaborate on his reasoning, only stating that the case was unique in his 15 years on the bench.

Another individual implicated in the ring was Mary Nolan, a former San Ramon family law attorney who represented the ex-wives of two men who were arrested for the DUI sting operation. Nolan hired the same private investigator working with Tanabe to wiretap the cars of people she was opposing in divorce and child custody cases. After setting up the spouses of her clients for DUI arrests, Nolan would then use the evidence gathered as leverage in family court. Though prosecutors were initially seeking a 33-month prison sentence, Nolan was ultimately sentenced to two years in prison for evading taxes and for illegally eavesdropping on a client’s spouse. Nolan was also required to relinquish her law license and pay nearly $500,000 in back taxes.

Family law cases are oftentimes emotionally charged and can lead parties to take desperate measures. A knowledgeable, experienced family law attorney can help you legally navigate the system and guide you through this trying time. If you have questions about divorce planning, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Our attorneys have decades of experience handling complex family law proceedings and offer a free consultation.

Sources: http://www.nbcbayarea.com/news/local/Ex-Contra-Costa-Co-Deputy-Sentenced-in-Dirty-DUI-Case-246253961.html; http://www.sfgate.com/crime/article/Ex-Deputy-Sheriff-Stephen-Tanabe-sentenced-in-DUI-5249741.php; http://www.mercurynews.com/ci_25053072/dirty-dui-attorney-gets-two-years-prison-her

Philip Hoffman’s Will: What Should He Have Changed?

February 27, 2014/in Estate Planning /by Michael Lonich

In a previous blog, we stressed the importance of updating your estate planning documents as your life changes. Using actor Paul Walker as an example, we explained how he made many excellent estate planning decisions during his young life. Yet, his estate plan still had substantial shortcomings due to a failure to update. Likewise, actor Philip Seymour Hoffman’s final will has recently been submitted into court with a similar, avoidable pitfall: his last will was signed in October 2004. Multiple significant life changes have occurred in the past 10 years that ought to have been, but were not, addressed in his will.

One particular final wish that stands out in Hoffman’s will is that the actor does not want his son, Cooper, to grow up in Hollywood. The late Oscar winner requested that Cooper – who was his only child at the time the document was written – to be “raised and reside in” Manhattan, Chicago, or San Francisco.

“If my guardian cannot reside in any of such cities, then it is my strong desire, and not direction, that my son, Cooper Hoffman, visit these cities at least twice per year throughout such guardianship,” Hoffman explained in the 13-page document. “The purpose of his request is so that my son will be exposed to the culture, arts and architecture that such cities offer.” This provision was the result of smart estate planning, because noticeably absent amongst those cities is Los Angeles, where Hoffman spent much of his working life. However, Hoffman leaves no question as to his intent for Cooper: he bolstered this provision in his will by explaining why those particular cities were chosen. A well-written will leaves no room to question the signor’s intent; no reason to think: “Maybe Mr. Hoffman simply forgot to include Los Angeles.”

Sadly, however, because Hoffman failed to update his will for so long, his intentions for his two daughters were not addressed. Hoffman went on to have two daughters after 2004, but no one will know what Hoffman wanted for his daughters Tallulah, 7, and Willa, 5. As we suggested in our previous blog, you should consider your estate plan to be a living and breathing document; as your life changes, your estate planning documents should accordingly change with it. The top three red flags that should signal you to update your will are:

A change in your family,
A change in your estate, and
A change in the estate tax laws.

Since your estate plan should be constantly evolving along with your life and the law, having a good relationship with a reputable estate planning attorney is imperative. If you are interested in creating an estate plan or have any questions regarding your current estate plan, please contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information. The attorneys at Lonich Patton Erlich Policastri have decades of experience handling complex estate planning matters, including living wills and trusts, and we are happy to offer you a free consultation.

Source: http://celebrity.yahoo.com/blogs/celeb-news/philip-seymour-hoffman-s-will-revealed–did-not-want-son-raised-in-los-angeles-220210762.html

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LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.

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