Family Law Archives - Page 33 of 36 - Lonich Patton Ehrlich Policastri

Father Connected to 23 Children Sent to Prison in Child Support Case

December 16, 2010/in Family Law /by David Patton

A few months back, a man from western Michigan was sent to prison for failing to pay child support. He is alleged to have fathered around 23 children with 14 different women, and owed $533,000 in child support. The mother of two of the children said that it was heartbreaking to have to choose between shoes and rent. Over a period of seven years, she has received less than $90 from the children’s father. For more information please see the full article.

If you are having trouble collecting, or paying, your child support you are certainly not alone. If you have a court order for child support and have been having trouble collecting payments, you can ask the court to help enforce the order. One option is an earnings assignment order. If the court issues an earnings assignment order, the other parent’s employer will be ordered to withhold child support payments from his or her check and send them directly to you.

For more information on how to collect your child support judgment, please contact us. 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.

Royal Engagement Illustrates the Importance of Consulting a Qualified Attorney before Marriage

December 10, 2010/in Family Law /by Michael Lonich

Prince William recently announced that he and his long-time girlfriend, Kate Middleton, are engaged. The couple met nearly eight years ago while attending the University of St. Andrews in Scotland. The prince decided to propose to Middleton while on a vacation in Kenya, and he surprised her with his mother’s sapphire and diamond engagement ring.

With the announcement of the engagement, the legal field has been buzzing with discussion on whether or not the royal couple will enter into a prenuptial agreement prior to marriage. While prenuptial agreements were previously not valid in the United Kingdom, a landmark case settled earlier this year has paved the way for the prenup’s validity in England.

Prenuptial agreements have been enforceable in California for decades. In fact, a prenuptial agreement is a very effective tool for couples thinking about getting married but wishing to protect their assets. When drafted properly, these documents can help couples decide issues relating to rights and responsibilities during marriage and the division of assets upon a subsequent divorce. However, it is essential that a California prenuptial agreement be drafted by an experienced, licensed attorney to ensure it will be enforceable down the road.

For more information on prenuptial agreements, please contact us. 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:

ABA Journal

ABC News

Less Costly Divorce Alternatives Exist in California

December 10, 2010/in Family Law /by Mitchell Ehrlich

A study that came out earlier this year reported a decline in the number of divorces occurring during the recession. In 2005, the divorce rate was 17.3 percent. This number sank to 16.4 in 2009. Yet, depending on how you interpret the results, this could be both good and bad news. The good news is that there are fewer divorces which may mean that some couples may be finding ways to work through rough patches. However, the bad news is that this could also mean that couples who are badly in need of a divorce are not seeking them due to financial strain. For the article discussing the study, please click here.

Do you feel stuck in a dead-end marriage but can’t afford to get out? If so, you have many options available to you. First, it is likely a good idea to seek the advice of a qualified family law attorney. Your lawyer can help you figure out what is the best way to meet your goals. For example, your lawyer may suggest you try divorce mediation. Divorce mediation is a process of divorcing where a neutral third party helps the couple divide assets and make decisions regarding custody and other issues. Your attorney may suggest divorce mediation if the divorce has been a mutual decision and if both parties have no desire to reconcile.

If divorce mediation is not an option, your attorney may suggest filing for a legal separation. A legal separation does not legally end your marriage. Rather, it allows you and your spouse to live separately and make sole decisions about money, property, and parenting issues.

For more information about more affordable divorce alternatives please contact us. 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.

Family and Other Close Relationships Can Impact Your Child Custody Rights

December 9, 2010/in Family Law /by Mitchell Ehrlich

Just recently, the mother of a one year old boy was stripped of her custody rights after her child was shot in her own home. The boy was accidentally shot by his 19-year old uncle. The child survived and is now on the road to recovery. Meanwhile, the father has been awarded custody and the mother has visitation rights.

In the recent court decision surrounding this case, the court was hesitant to make a final award of custody to the mother due to concerns over whether Escalante is capable of protecting her son against the shooter. She contends she has had no contact with the 19 year old and has changed her phone number. In addition, Escalante has completed court required parenting classes. To see the full article go to MSNBC .

This case is a prime example of how one horrific accident that was not directly caused by a parent, can dramatically impact that parent’s custody rights. If you are in the midst of a disputed custody case, keep in mind that the outcome of the case can be affected by the type of the individuals to whom you choose to expose your children. A court will consider a variety of issues when determining custody, including fitness of each parent and the type of environment the child will experience.

For more information on how to prepare yourself for a custody battle, contact the certified family law specialists at Lonich Patton Erlich Policastri. 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.

Automatic Temporary Restraining Orders

December 2, 2010/in Family Law /by Julia Lemon

Automatic Temporary Restraining Orders

Once a divorce or legal separation is filed, a set of Family Law Automatic Temporary Restraining Orders (ATROs) take effect. There are four standard mutual restraining orders that take effect automatically when the petition for dissolution is filed (as to the petitioner) and when the petition for dissolution is served (as to the respondent). The restraining orders restrain both parties from doing the following:

Removing the parties’ minor child(ren) from the state without the prior written consent of the other spouse or a court order.
Transferring, encumbering, concealing or disposing of any property, real or personal, community or separate, without the written consent of the other party or a court order.
Insurance Coverage – Spouses are prohibited from changing beneficiaries, altering, canceling, borrowing against, cashing, or transferring any insurance including health, automobile, life, and disability insurances. This means that you cannot, for example, cancel your spouse’s health or auto insurance or change the beneficiaries of any life insurance policies during the pendency of a dissolution proceeding.
Creation and Modification of Non Probate Transfers: Both spouses are prohibited in creating non probate transfers or modifying a nonprobate transfer in a manner that affects the disposition of the property subject to transfer, without the written consent of the other party or a court order. A non probate transfer includes revocable trusts, a financial institution pay on death account, Totten trust, and transfers on death registration of personal property. This does not include wills.

Spouses are also required to notify the other spouse of extraordinary expenditures at least five business days in advance and to account for these expenditures to the court. They are, however, allowed to use community, quasi-community, or their own separate property to pay an attorney.

It is important to speak to your attorney to determine what is within your purview to create, modify or change while your divorce or other legal action is pending.

For more information about divorce and restraining orders, please contact the divorce attorneys at Lonich Patton Erlich Policastri. 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.

Who Gets the Dog?! A Recent Case Sheds Light on Pet Custody

December 2, 2010/in Family Law /by Julia Lemon

What do you do if you cannot imagine parting with Fido, Fluffy, or Rover, but you know your soon-to-be ex-spouse feels exactly the same way? A recent Maryland court decision dealing with pet custody addressed this very issue, and in a somewhat controversial move, awarded joint custody of the pet to both spouses. The spouses in this case both wanted custody of their beloved Shih Tzu mix, Lucky. After the judge considered both sides’ arguments, he decided the only fair option would be to award both spouses custody of Lucky for 6 months of the year.

In California, domestic pets, such as dogs and cats, are generally considered property. Thus, the approach taken by the Maryland court, which handled the pet custody issue in a method similar to child custody cases, is quite controversial.

In recent years, California has been more willing to protect pets throughout the divorce process. In fact, the California Family Code allows a court to grant one spouse the exclusive care, possession, or control of a pet. Likewise, a court can also order one spouse to stay away from a pet or refrain from taking, striking, harming or disposing of a beloved animal.

However, one of the main problems is that allowing a court the latitude to make such unique pet-custody rulings will result in further backlog an already congested court system. However, this approach can reach more equitable and satisfying outcomes for ex-spouses. For the full article, click here.

If you live in the Silicon Valley area and are concerned about what will happen to your beloved pet after your divorce, please contact the attorneys at Lonich Patton Erlich Policastri for more 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Thanks to Chau Law.

Are You Divorcing? Here is What Not to Do Online

November 23, 2010/in Family Law /by Mitchell Ehrlich

Divorces are difficult and trying events. Don’t add to the stress of the experience by making some common mistakes with your social networking. Recently, a Time magazine article discussed the implications that social networking can have on a person’s divorce case. The article noted that it is now commonplace for divorce attorneys to use information gathered on social networking websites to bolster their case against their client’s ex-spouse. Information gleaned from social networking sites can be used to catch spouses in lies and improper behavior. This information can affect the outcome of asset distribution, child custody, child support, spousal support, and other important divorce issues. For the full Time article, please click here.

If you are a member of Facebook, MySpace, Twitter, or other social networking websites, you should be very careful about what you post online. Do not post information relating to marital property, spousal support, child custody/care, or other personal information that may be relevant to your divorce case.

For more information about California divorces, please contact the divorce attorneys at Lonich Patton Erlich Policastri. 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.

There are Several Different Avenues for Pursuing a Child Support Order in California

November 23, 2010/in Family Law /by Mitchell Ehrlich

Child support is a certain amount of money that a court instructs one parent of a child to pay the other parent. The court’s instruction is detailed in a document called a child support “order.” The child support money is used to financially support the child. If you are having difficulties supporting your child after a divorce, or if the other parent is not pulling his/her weight, you may want to contact a family law attorney for advice.

First of all, if you have been the victim of domestic violence by the other parent you may ask for child support when you are seeking a domestic violence restraining order. If you are married or in a registered domestic partnership and have a child from that union, you can also seek child support as part of a dissolution of that marriage or domestic partnership. The legal procedures differ slightly depending on whether or not you are married or in a domestic partnership with the other parent of the child. Regardless, the procedures all lead to the same result, a child support order. In order to begin this process, you must file a court case. After you file the case, the court may then decide to grant you the order for child support. In addition, if you do not want to file for divorce or legal separation, you can file a Petition for Custody and Support of Minor Children and Summons. This also allows you to seek child support from your spouse.

If you are not married to, or a domestic partner of, the other parent, you may ask for child support in different instances. First, you may ask for child support if you file a parentage case to determine who the legal parents of the child are. Second, if you have signed a voluntary Declaration of Paternity, you may choose to file a petition for Custody and Support of Minor Children as well.

If you are confused about what is your best option for successfully obtaining child support from your ex-spouse, you may need professional guidance. Please contact us for more 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 include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Different Types of California Child Custody Arrangements Explained

November 22, 2010/in Family Law /by David Patton

There are two types of custody: legal and physical. Legal custody is the right and responsibility to make the decisions about your child’s welfare, health, and education. If one parent has sole legal custody of his or her child, he has the exclusive right to make decisions relating to the child’s health, and education and welfare. If the parents share joint legal custody, both parents share the right and responsibility to make these decisions.

Physical custody refers to who the child resides with and is supervised by. If one parent has sole physical custody, the child exclusively resides with and is supervised by that parent, subject to the other parent’s visitation rights. If the parents share joint physical custody, each has significant periods of physical custody, and custody is shared in such a way as to ensure that the child has frequent and continuing contact with both parents. However, the timeshare is not necessarily equal.

For more information about California’s child custody laws, please contact us. 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.

Legal Separation vs. Annulment vs. Dissolution

June 15, 2010/in Family Law /by Julia Lemon

When spouses wish to terminate or alter their marital status, they have three options for doing so- legal separation, annulment or dissolution. If spouses choose annulment or dissolution, the marriage is terminated and the spouses become single persons. If they opt to obtain a legal separation, the marital status is not terminated and they are unable to remarry unless or until the marriage is terminated by a later judgment of dissolution; however, legal separation does deal with property rights, child/spousal support, and custody and visitation issues.

Dissolutions terminate existing marriages on grounds arising after the marriage (such as irreconcilable differences). In contrast, annulments are based on the theory that no valid marriage ever occurred (i.e., the marriage was void or voidable (incestuous, bigamous, induced by fraud, one party was under the age of consent, etc.). It can be difficult and/or costly to prove these grounds.

Generally speaking, people who choose legal separation rather than dissolution do so for religious or other personal reasons, such as retaining eligibility for medical insurance that would otherwise be lost by a termination of the marriage.

If you are considering terminating your marriage, please contact Lonich & Patton to set up a free 30 minute consultation with an attorney to discuss which option may be right for you.