Frequently Asked Questions

I CONSIDER MYSELF A TRIAL ATTORNEY.

IT IS ALWAYS BETTER TO SETTLE. WHEN A CASE IS SETTLED, THE PARTIES CONTROL THEIR LIVES. IF A CASE GOES TO TRIAL, THE COURT CONTROLS THEIR LIVES AND WILL TELL THEM THE OUTCOME OF THE CASE.

COURT IS ALWAYS THE LAST RESORT IN MY BOOK

IT ACTUALLY IS A COMBINATION OF BOTH. IN ORDER TO SETTLE, YOU HAVE TO GATHER ALL OF THE FACTS WHICH WILL BE USED IN SETTLEMENT NEGOTIATIONS AND THE SAME FACTS WOULD BE USED IN TRIAL IF NO SETTLEMENT IS REACHED.

I REPRESENT ONLY MY CLIENT. THE JOB WILL BE MORE DIFFICULT IF THE OTHER SIDE IS NOT REPRESENTED BECAUSE THE OTHER SIDE WILL NOT KNOW THE LAW, WILL NOT BE FAMILIAR WITH THE PROCEDURES AND WILL BE SKEPTICAL OF ANY SETTLEMENT PROPOSALS.

NO, IT WOULD BE A CONFLICT OF INTEREST TO DO SO. AS AN EXAMPLE, ADVICE I GIVE TO THE WIFE MIGHT BE CONTRARY TO THE ADVICE I GIVE THE HUSBAND.

THE ATTORNEY-CLIENT BEGINS THE MOMENT WE SAY HELLO AND ALL MEETINGS, EMAILS, CONVERSATIONS ARE PRIVILEGED.

YES, THROUGHOUT THE YEARS I HAVE GOTTEN TO KNOW MANY QUALIFIED LAWYERS AND WOULD NOT HESITATE TO PROVIDE THREE REFERRALS FOR CONSIDERATION.

KNOWING THE JUDGE IN A PROFESSIONAL RELATIONSHIP CAN BE IMPORTANT. YOU WILL KNOW THEIR MANNERISMS, WHAT TO SAY AND WHAT NOT TO SAY.

YES, ALTHOUGH I WOULD NOT BE ABLE TO ADVISE EITHER PARTY ABOUT THE FAIRNESS OF THEIR AGREEMENT. I CERTAINLY WOULD ADVISE THE PARTIES TO HAVE WHATEVER I PREPARE REVIEWED BY THEIR RESPECTIVE ATTORNEYS.

I HAVE BEEN PRACTICING LAW IN CALIFORNIA SINCE 1973.

I HAVE ALWAYS EMPHASIZED FAMILY LAW IN MY PRACTICE. HOWEVER, I WAS EXPOSED TO A GENERAL PRACTICE OF THE LAW IN MY EARLY YEARS. I HAVE EXCLUSIVELY PRACTICED FAMILY LAW SINCE 1997.

100%

YES, I DO HAVE A MANAGEABLE CASELOAD. I WATCH THIS CAREFULLY SO THAT I DO NOT GET STRETCHED THIN.

I WOULD ESTIMATE 50-75 ACTIVE CASES

I TRY TO KEEP CASES FROM BECOMING HIGH-CONFLICT. THAT SAID, RIGHT NOW I HAVE ABOUT HALF A DOZEN OF WHAT I WOULD CALL HIGH-CONFLICT CASES.

MY WHOLE LEGAL CAREER

I AM MORE FAMILIAR WITH THE JUDGES IN LOS ANGELES COUNTY BUT I ALSO HANDLE CASES IN ORANGE COUNTY

RIGHT NOW, THERE ARE APPROXIMATELY 60 JUDICIAL OFFICERS SETTING IN FAMILY LAW COURTS IN LOS ANGELES COUNTY.

THERE ARE CERTAIN JUDGES IN LOS ANGELES COUNTY THAT I WOULD NOT PREFER TO APPEAR IN FRONT OF.

I WOULD ESTIMATE 100

3

NO

THIS YEAR

THIS VARIES AS THE CASES SEEM TO COME IN CYCLES, I.E., SOME YEARS THE CASES ALL SEEM TO SETTLE WHILE IN OTHER YEARS THEY DO NOT

I AM A SOLE PRACTITIONER

I WILL TAKE THE CASE TO TRIAL

NO

YES. I AM A COLLABORATIVELY TRAINED LAWYER. I BELONG TO A LOCAL COLLABORATIVE PRACTICE GROUP, AND I AM A MEMBER OF THE LOS ANGELES COUNTY COLLABORATIVE GROUP

YES

I WOULD ESTIMATE 80-85%. IF OPPOSING COUNSEL IS REASONABLE, MOST CASES SETTLE.

IT SEEMS THAT THE CLOSER WE GET TO THE TRIAL DATE, THE MORE THE CASES SETTLE. THE THOUGHT OF GOING TO COURT, THE EXPENSE OF GOING TO TRIAL AND THE DESIRE TO KEEP CONTROL OF ONE’S LIFE ALL BEAR ON WHEN A CASE SETTLES./p>

IF IT IS ABSOLUTELY CLEAR THAT MEDIATION WILL NOT WORK, I WILL TERMINATE IT. MANY TIMES, HOWEVER, WE MAY RE-VISIT MEDIATION LATER IN THE CASE WHEN EMOTIONS CALM DOWN

I HAVE NO EXPECTATIONS OF WHEN I WILL TALK TO A CLIENT. I ENCOURAGE MY CLIENTS TO COMMUNICATE WITH ME WHEN THEY HAVE A QUESTION ABOUT SOMETHING. I DO NOT CONTACT MY CLIENT SIMPLY TO INCREASE THEIR BILL.

I CAN BE REACHED BY PHONE AND BY EMAIL

I EXPECT MY CLIENTS TO CONTACT ME AS THEY NEED TO.

YES Live chat you? NOT YET, ALTHOUGH I AM CONSIDERING OFFERING THIS TO MY CLIENTS Text you? NO Leave a voice message? YES, IF THE OFFICE IS CLOSED, VOICE MAIL IS AVAILABLE.

I CAN BE REACHED ON MY OFFICE PHONE NUMBER. Your cell phone? ONLY IN EXTREMELY RARE OCCASIONS WILL I GIVE MY CELL PHONE NUMBER TO A CLIENT

I WILL ANSWER ALL OF THE CONTACTS REGARDING LEGAL MATTERS. SCHEDULING, GENERAL INQUIRIES, DISCOVERY ISSUES CAN BE HANDLED BY MY SECRETARY.

YOU WILL BE ABLE TO REACH MY SECRETARY ON THE OFFICE PHONE NUMBER. IT WOULD BE UP TO HER IF SHE WANTS TO GIVE OUT HER CELL NUMBER.

IT IS MY GOAL TO RETURN A CALL WITHIN 24 HOURS. IF I AM IN TRIAL, THAT IS NOT ALWAYS POSSIBLE.

IF I AM NOT IN COURT, I WILL RETURN THE CALL WITHIN 24 HOURS. IT WOULD NEVER BE TWO WEEKS UNLESS I AM ON VACATION.

YOU CAN CALL THE OFFICE AND MY SECRETARY WILL BE ABLE TO DIRECT YOU TO AN ATTORNEY THAT WILL ASSIST YOU.

AN UNCONTESTED DIVORCE IS ONE WHERE THE PARTIES AGREE TO SETTLE ALL ISSUES OF THE CASE. EVERYONE IS ELIGIBLE FOR AN UNCONTESTED DIVORCE BUT ONLY WHERE AN AGREEMENT IS REACHED AS TO ALL ISSUES.

COLLABORATIVE DIVORCE IS A RELATIVELY NEW PROCESS DESIGNED TO KEEP THE PARTIES OUT OF COURT. NO COURT APPEARANCES ARE ALLOWED IN A COLLABORATIVE CASE. EACH PARTY IS REPRESENTED BY A COLLABORATIVELY TRAINED ATTORNEY. COACHES ARE USED TO FACILITATE COMMUNICATIONS AND TO KEEP A PULSE ON THE EMOTIONS INVOLVED. A FINANCIAL NEUTRAL ASSISTS WITH SUPPORT AND PROPERTY ISSUES. THE PROFESSIONAL TEAM IS INVESTED IN GETTING THE PARTIES ACROSS THE SETTLEMENT LINE. AN ASSESSMENT IS MADE IN THE BEGINNING TO SEE IF THE CASE IS A FIT FOR A COLLABORATIVE CASE. SOME CASES MAY NOT BE A FIT, E.G., IF ONE PARTY IS HIDING THE BALL ON FINANCIAL ISSUES.

GENERALLY, A MEDIATED SETTLEMENT AGREEMENT IS ACCOMPLISHED WHERE THE PARTIES HIRE A MEDIATOR TO FACILITATE THE SETTLEMENT OF THE ISSUES. THE PARTIES ARE ADVISED TO HAVE AN ATTORNEY ON THE SIDE TO ADVISE THEM OF THEIR RIGHTS, SOMETHING THAT A MEDIATOR CANNOT DO SO THAT HIS/HER NEUTRALITY IS PRESERVED.

EX PARTE RELIEF IS AVAILABLE THROUGH THE COURT. THIS PROCEDURE IS GENERALLY USED TO OBTAIN EMERGENCY ORDERS REGARDING DOMESTIC VIOLENCE OR TO OBTAIN EMERGENCY ORDERS REGARDING CHILDREN. IT IS NOT USUALLY AVAILABLE FOR FINANCIAL EMERGENCIES.

IN MY PRACTICE, I DO NOT GIVE ADVICE ON WHETHER A PERSON SHOULD FILE IMMEDIATELY AS THIS IS A PERSONAL DECISION. I DISCUSS THE PROS AND CONS OF FILING IMMEDIATELY BUT THE ULTIMATE DECISION WILL BE MADE BY THE CLIENT.

THIS IS AN AREA WHERE ADVANCE PLANNING NEEDS TO OCCUR. A MEETING WITH AN ATTORNEY WILL RESULT IN AN ASSESSMENT OF WHAT THE ASSETS CONSIST OF AND WHAT CAN BE DONE TO PROTECT THOSE ASSETS. SUCH THINGS AS WATCHING FOR UNUSUAL WITHDRAWALS FROM BANK ACCOUNTS CAN BE DISCUSSED.

ABSOLUTELY. THE COURT WILL NOT FORCE A COUPLE TO GET A DIVORCE IF THEY DO NOT WANT ONE.

A LEGAL SEPARATION IS DETERMINED BY A TWO-PRONGED TEST: 1) WHEN IN YOUR OWN MIND IS THE MARRIAGE OVER; AND 2) WHEN WOULD A THIRD PERSON OBSERVING THE COUPLE CONCLUDE THAT THE MARRIAGE IS OVER. YOU CAN BE LEGALLY SEPARATED BUT STILL LIVE IN THE SAME RESIDENCE. THE DATE OF LEGAL SEPARATION IS IMPORTANT ON A VARIETY OF ISSUES, E.G., EVERYTHING EARNED OR ACCUMULATED AFTER THE DATE OF SEPARATION IS THE SEPARATE PROPERTY OF THE PARTY THAT EARNED OR ACCUMULATED IT. A PHYSICAL SEPARATION IS SIMPLY THAT, THE PARTIES NO LONGER RESIDE TOGETHER.

IF AN ANNULMENT IS GRANTED, THE EFFECT IS THAT THE MARRIAGE NEVER HAPPENED. IN A DIVORCE, THERE IS A RECOGNITION THAT THE MARRIAGE DID OCCUR BUT THE PARTIES ARE NO LONGER DESIROUS OF STAYING MARRIED.

A PETITION FOR AN ANNULMENT SEEKS A JUDICIAL DECLARATION THAT THE MARRIAGE NEVER EXISTED. IT IS STATUTORILY CONTROLLED AND IF THE CASE DOES NOT FIT INTO ONE OF THE STATUTORY GROUNDS, AN ANNULMENT WILL NOT BE GRANTED AND A DIVORCE IS THE REMAINING OPTION. IN ORDER TO OBTAIN AN ANNULMENT, A PETITION NEEDS TO BE FILED THAT IDENTIFIES THE GROUND THAT THE REQUEST FOR THE ANNULMENT IS BASED ON. A VOID MARRIAGE IS ONE WHERE BIGAMY OR INCEST IS INVOLVED WHILE A VOIDABLE MARRIAGE IS ONE WHERE: 1) THE CONSENT TO MARRY WAS FRAUDULENTLY INDUCED; 2) ONE OF THE PARTIES SUFFERED FROM INCURABLE INCAPACITY AT THE TIME OF MARRIAGE; 3) THE CONSENT TO MARRY WAS OBTAINED THROUGH FORCE; 4) WHERE THERE WAS INVALID CONSENT; OR 5) WHERE A PRIOR MARRIAGE OF ONE OF THE PARTIES HAS NOT BEEN DISSOLVED.

THIS ANALYSIS WOULD DEPEND ON THE PARTICULAR FACTS OF THE CASE SO THERE IS NO ONE ANSWER TO THIS QUESTION.

IF YOU ARE CONSIDERING FILING FOR A DIVORCE, IT IS A GOOD IDEA TO START GATHERING DOCUMENTS. ONCE A DIVORCE IS FILED, THE RESPONDING PARTY MAY MAKE THE DOCUMENTS “UNAVAILABLE”. WHILE THIS IS NOT IRREVERSIBLE, IT IS EASIER (AND CHEAPER) IF YOU HAVE THE DOCUMENTS IN YOUR HAND. THE MOST COMMON DOCUMENTS THAT I WANT TO SEE ARE TAX RETURNS, BANK STATEMENTS, CREDIT CARD STATEMENTS, DEEDS, INSURANCE POLICIES, AND RETIREMENT/PENSION/401K/IRA STATEMENTS.

IT IS CHEAPER IF THE CLIENT IS ABLE TO OBTAIN ALL DOCUMENTARY EVIDENCE. HOWEVER, IF THAT IS NOT POSSIBLE, I CAN AND WILL SUBPOENA THE RELEVANT DOCUMENTS.

THE PETITIONER HAS TO PREPARE AND SERVE HIS/HER PRELIMINARY DISCLOSURE STATEMENT WITHIN 60 DAYS OF THE FILING OF THE PETITION. THE RESPONDENT HAS TO PREPARE AND SERVE HIS/HER PRELIMINARY DISCLOSURE STATEMENT WITHIN 60 DAYS OF FILING THE RESPONSE. THERE IS NO PENALTY FOR EXCEEDING THE 60 DAY TIME LIMITS UNLESS A MOTION TO COMPEL IS FILED WHEN THE DISCLOSURE IS NOT RECEIVED.

ALL DOCUMENTS RELEVANT TO THE ISSUES OF THE CASE. EXAMPLES WOULD BE TAX RETURNS, BANK RECORDS, RECORDS RELATING TO PENSIONS/RETIREMENT/PROFIT SHARING/401k PLANS, CREDIT CARD STATEMENTS, EMPLOYMENT CONTRACTS

IT IS POSSIBLE TO SUBPOENA THE ENTIRE PERSONNEL FILE, INCOME RECORDS, EXPENSE REIMBURSEMENT RECORDS, PERKS.

THE COURT HAS THE POWER TO COMPEL A PARTY TO TURN OVER THE REQUESTED DOCUMENTS, AND TO SANCTION THE DEFAULTING PARTY FOR LEGAL FEES INCURRED IN FILING THE MOTION TO COMPEL. IN EXTREME CASES, THE COURT CAN MAKE ISSUE SANCTIONS WHICH ESSENTIALLY MEANS THAT THE DEFAULTING PARTY WILL NOT BE ABLE TO PRODUCE ANY EVIDENCE ON THE ISSUES THAT WOULD PERTAIN TO THE REQUESTED DOCUMENTS THAT HAVE NOT BEEN PRODUCED.

FINANCIAL RECORDS ARE IMPORTANT TO VERIFY EARNINGS, AND TO VERIFY THE NATURE AND EXTENT OF COMMUNITY PROPERTY.

A PARENTING COORDINATOR IS USUALLY A MENTAL HEALTH PROFESSIONAL WHO ASSISTS THE PARTIES IN COMING UP WITH A PARENTING PLAN AND ALSO HELPS THE PARTIES WORK OUT ANY KINKS THAT MAY ARISE REGARDING THE CHILD(REN)

PARENTING PLANS SHOULD BE AS THOROUGH AS POSSIBLE. THIS IS TO PROTECT AGAINST MULTIPLE VISITS TO THE ISSUE OF CUSTODY. EVEN IF A THOROUGH PLAN IS REACHED, IT CAN BE LATER MODIFIED IF CIRCUMSTANCES CHANGE.

THIS IS A VERY BIG LEGAL ISSUE IN FAMILY LAW. UNDER NORMAL CIRCUMSTANCES, PERMISSION FROM THE COURT WILL BE NEEDED TO MOVE WITH THE CHILD(REN) OUT OF THE AREA. IT IS AN EXPENSIVE PROPOSITION IN TERMS OF EMOTIONS AND LEGAL FEES.

THROUGHOUT THE YEARS, I HAVE HANDLED LITERALLY HUNDREDS OF CHILD CUSTODY MATTERS WHERE ONE SIDE OR THE OTHER WILL ATTEMPT TO EXERT CONTROL OVER THE CHILD(REN) OR THE OTHER PARTY.

YES, I HAVE REPRESENTED THE SPOUSE WITH AN ALCOHOL PROBLEM AND, AT OTHER TIMES, I HAVE REPRESENTED THE SPOUSE CLAIMING THAT THE OTHER SIDE HAS AN ALCOHOL PROBLEM.

SAME ANSWER AS #3

YES, THESE ARE CASES THAT GENERALLY WILL INVOLVE A MENTAL HEALTH PROFESSIONAL TO EXPLAIN THE IMPAIRMENT/DISTURBANCE AND HOW THEY MAY INTERACT WITH ISSUES OF CUSTODY OR ABILITY TO OBTAIN/KEEP A JOB

I HAVE REPRESENTED PEOPLE WHO HAVE BEEN ABUSED, AND I HAVE REPRESENTED PEOPLE WHO WERE THE ABUSER. DOMESTIC VIOLENCE HAS MAJOR SIGNIFICANCE ON CUSTODY AND ON SPOUSAL SUPPORT.

THIS IS ONE OF THE MOST DIFFICULT AREAS OF FAMILY LAW. SHOULD A COURT FORCE A CHILD TO VISIT WITH THE OTHER PARENT WHEN THE ALIENATION HAS BEEN SO STRONG THAT THE CHILD DOES NOT WANT TO SEE THE OTHER PARENT? IF THE CHILD DOES GO WHEN HE/SHE DOES NOT WANT TO, HOW WILL THE CUSTODIAL TIME PLAY OUT? NOT TOO MANY MENTAL HEALTH PROFESSIONALS HAVE AN ANSWER TO THIS QUESTION.

IF IT CAN BE SHOWN THAT A SPOUSAL HAS USED COMMUNITY FUNDS FOR A NON-COMMUNITY PURPOSE, A CASE CAN BE BROUGHT FOR REIMBURSEMENT OF THOSE FUNDS.

UNLESS THE PARTIES AGREE OTHERWISE IN OPEN COURT OR IN WRITING, THE COURT MUST DIVIDE THE ASSETS/OBLIGATIONS EQUALLY. IT IS POSSIBLE FOR THERE TO BE AN INEQUITABLE DISTRIBUTION OF ASSSETS WHEN ONE TAKES INTO ACCOUNT THE POSSIBILITY OF CAPITAL GAINS TAXATION. OTHERWISE, IT IS ALWAYS AND EQUAL DISTRIBUTION OF ASSETS UNLESS AGREE OTHERWISE.

ANYTHING ACQUIRED BETWEEN DATE OF MARRIAGE AND DATE OF SEPARATION OTHER THAT A GIFT OR INHERITANCE. ANYTHING OWNED PRIOR TO MARRIAGE, RECEIVED DURING MARRIAGE AS A GIFT OR AN INHERITANCE, AND ALL ACQUISITIONS AFTER DATE OF SEPARATION ARE SEPARATE PROPERTY.

WHEN THE DIVORCE CASE IS STARTED, AUTOMATIC TEMPORARY RESTRAINING ORDERS ARE ISSUED ONE OF WHICH PRECLUDES EACH PARTY FROM TRANSFERRING, ENCUMBERING OR GIVING AWAY ANY ASSET WITHOUT THE PRIOR WRITTEN AGREEMENT OF THE OTHER PARTY, OR PRIOR COURT ORDER.

THIS MEANS THAT ONE PARTY WILL HAVE THE SOLE RIGHT TO LIVE IN THE RESIDENCE AND THE OTHER SIDE WILL HAVE VACATED THE PROPERTY.

A TYPICAL LAWYER ANSWER IS THAT IT DEPENDS. IF YOU HAVE AN INTEREST IN KEEPING THE HOUSE, IT IS PROBABLY BEST NOT TO MOVE OUT. IT CAN ALSO IMPACT THE STRATEGY ON CUSTODY, E.G., I AM STAYING IN THE RESIDENCE SO I SHOULD HAVE THE KIDS WITH ME MORE.

THE GENERAL ANSWER IS YES. THE LIMITATION WOULD BE WHY THE DEED IS ONLY IN ONE SPOUSE’S NAME.

SEE #1

LIKE ANY OTHER COMMUNITY PROPERTY ASSET, RETIREMENT SAVINGS WILL BE DIVIDED EQUALLY UNLESS AGREED TO OTHERWISE. IT IS POSSIBLE TO KEEP THE RETIREMENT SAVINGS AS LONG AS THE OTHER SIDE RECEIVES SOMETHING OF EQUAL VALUE.

FOR TEMPORARY SUPPORT, LOS ANGELES COUNTY COURTS USUALLY USE A COMMERCIAL PROGRAM TO COME UP WITH THE AMOUNT. THE FORMULA IS BASICALLY 40% OF THE HIGH EARNER’S NET INCOME MINUS 50% OF THE LOW EARNER’S NET FOR PERMANENT SPOUSAL SUPPORT, THE COURT MUST CONSIDER ALL OF THE FACTORS SET FORTH IN FAMILY CODE SECTION 4320.

IT IS THE PUBLIC POLICY OF THE STATE OF CALIFORNIA FOR EVERY RECIPIENT OF SUPPORT TO BECOME SELF-SUFFICIENT WITHIN A REASONABLE PERIOD OF TIME. WHAT A REASONABLE PERIOD OF TIME WILL DIFFER WITH EACH CASE.

MARITAL STANDARD OF LIVING (MSOL) IS HOW THE PARTIES WERE ABLE TO LIVE DURING MARRIAGE. IT IS RELEVANT ON HOW MUCH A SPOUSE WILL RECEIVE IN SPOUSAL SUPPORT

A VOCATIONAL EVALUATOR CAN ASSIST IN DETERMINING WHAT JOBS THE SUPPORTED PARTY CAN DO, WHAT THOSE JOBS PAY AND HOW MUCH INCOME, IF ANY, SHOULD BE IMPUTED TO THE SUPPORTED PARTY IF HE/SHE DOES NOT TAKE THE JOB. A FORENSIC ACCOUNTANT IS VALUABLE IN DETERMINING CASH AVAILABLE FOR THE PAYMENT OF SUPPORT AND TO DETERMINE THE MSOL

ONE HAS TO BE CAREFUL HERE. IF JOINT TAX RETURNS HAVE BEEN FILED, THERE IS A POTENTIAL TAX FRAUD ISSUE. AS FAR AS ESTABLISHING HOW MUCH THE SPOUSE ACTUALLY EARNS, THIS CAN BE DONE BY EXAMINING LIFESTYLE, GETTING COPIES OF BUSINESS RECORDS AND POSSIBLY FROM BANK RECORDS.

NORMALLY, UNINSURED HEALTH EXPENSES AND CHILD CARE EXPENSES INCURRED TO ALLOW A PARENT TO WORK OR TO ATTEND SCHOOL TO BECOME EMPLOYABLE ARE SHARED EQUALLY. EXTRACURRICULAR ACTIVITIES CAN BE SHARED EQUALLY BUT THE ISSUE IS REALLY A VOLUNTARY ONE, I.E., IF BOTH PARTIES AGREE UPON AN ACTIVITY, THEY WILL SHARE THE EXPENSE EQUALLY. IF THERE IS NO AGREEMENT, THE PARENT WANTING THE CHILD TO PARTICIPATE IN THE ACTIVITY WILL PROBABLY HAVE TO PAY 100%. IF THE ACTIVITY HAS BEEN ONE THAT THE CHILD HAS HISTORICALLY PARTICIPATED IN, AN EQUALLY SHARING OF THE EXPENSE WILL NORMALLY BE ORDERED BY THE COURT.

IF THE SPOUSE IS A W-2 EMPLOYEE, AN INCOME WITHHOLDING ORDER CAN BE SERVED ON THE EMPLOYER WHO THEN IS OBLIGATED TO DEDUCT THE SUPPORT FROM THE PAYCHECK AND MAIL IT TO THE RECIPIENT. NON-PAYMENT OF CHILD SUPPORT IS ENFORCEABLE BY CONTEMPT PROCEEDINGS WHERE JAIL IS A POSSIBILITY. A PARTY CAN AVAIL THEMSELVES OF THE FREE SERVICES OF THE LOCAL CHILD SUPPORT SERVICES AGENCY.

THE RECIPIENT OF CHILD SUPPORT IS AUTOMATICALLY ENTITLED TO HAVE THE SUPPORT TAKEN FROM THE PAYOR’S PAYCHECK. ALL THAT NEEDS TO BE DONE IS TO HAVE THE INCOME WITHHOLDING ORDER ISSUED BY THE COURT AND THEN HAVE IT SERVED ON THE EMPLOYER.

THE COURT WILL CRAFT AN ORDER THAT ADDRESSES THE DV TO PROTECT THE CHILD(REN) AND TO MINIMIZE THE CONTACT BETWEEN THE PARENTS.

IF THERE HAS BEEN RECENT DV IN THE RELATIONSHIP, IT IS POSSIBLE TO GET A DV RESTRAINING ORDER. IT IS POSSIBLE TO GET AN EMERGENCY RESTRAINING ORDER WHERE THERE HAS BEEN PHYSICAL VIOLENCE. IF THE ABUSER HAS BEEN ARRESTED, AN EMERGENCY PROTECTIVE ORDER MAY ISSUE AND A CRIMINAL PROTECTIVE ORDER MAY BE ISSUED BY THE CRIMINAL COURT.

IF ONE CAN PROVE THAT THE DV RESTRAINING ORDER IS JUST A TOOL TO ENHANCE CUSTODIAL RIGHTS, NOT ONLY WILL THE RESTRAINING ORDER BE DENIED BUT THE SYSTEM ABUSER’S CUSTODIAL RIGHTS WILL BE NEGATIVELY IMPACTED.

NORMALLY, THIS CAN BE DONE ONLY IF YOU ADVISE YOUR SPOUSE THAT HE/SHE IS BEING VIDEO TAPED OR RECORDED.

I WANT THE BEST FOR MY CLIENTS AND IF THEY NEED HELP, I CERTAINLY WILL REFER THEM OUT.

I AM VERY FAMILIAR WITH MEDIATORS IN THIS AREA. I WOULD RECOMMEND A MEDIATOR WHEN REQUESTED.

ONE HAS TO BE A RESIDENT OF CALIFORNIA FOR AT LEAST 6 MONTHS BEFORE FILING THE DIVORCE, AND FOR 3 MONTHS IN THE COUNTY WHERE THE DIVORCE IS FILED. BECAUSE THE LAWS ARE NOT ALWAYS ALIKE IN ALL STATES, SOME CARE SHOULD BE TAKEN TO CHOOSE THE VENUE WHERE THE CASE WILL BE LITIGATED.

THIS WOULD BE A BAD MOVE ON THAT SPOUSE. THE JUDGE WILL NOT BE HAPPY ABOUT SUCH A TACTIC. IDEALLY, THE LOW INCOME EARNER COULD TAKE MONEY FROM THE CHECKING/SAVINGS ACCOUNT TO TIDE THEM OVER UNTIL THE MATTER CAN GET BEFORE THE JUDGE. I RECOMMEND THAT 50% OF THE ACCOUNT BE TAKEN.

THIS IS A PERSONALY DECISION. WOULD SUCH EXAMINATIONS BE SOUGHT IF THERE WAS NO DIVORCE PENDING? IF THERE ARE PHYSICAL, EMOTIONAL, DENTAL ISSUES, THEY SHOULD BE ADDRESSED WHILE THE HEALTH INSURANCE IS IN PLACE.

THERE HAS TO BE A COMPELLING REASON BEFORE THE COURT WILL ORDER A PARTY TO SUBMIT TO A MENTAL HEALTH EXAMINATION. WE DO SEE THEM WHERE CHILD CUSTODY IS AT ISSUE.

IF THE PARTY IS NOT ALREADY RECEIVING TREATMENT, HE/SHE SHOULD GET INTO TREATMENT BEFORE THE ISSUE GETS BEFORE THE COURT.

IN TERMS OF GETTING TREATMENT FOR THE SPOUSE, THE SPOUSE WILL HAVE TO BE WILLING TO GO. IF CHILD CUSTODY IS AT ISSUE, THE SUBSTANCE ABUSE WILL HAVE A DIRECT IMPACT ON WHAT TYPE OF CUSTODY THE SUBSTANCE ABUSER WILL HAVE.

INSURANCE THAT IS IN PLACE WHEN THE DIVORCE IS FILED MUST BE MAINTAINED IN EFFECT UNTIL THE MARITAL STATUS IS TERMINATED. THIS APPLIES TO ALL FORMS OF INSURANCE INCLUDING, AUTOMOBILE, HEALTH AND LIFE INSURANCE.

IF THE PARTIES ARE ABLE TO REACH AN OUT-OF-COURT SETTLEMENT PARTICULARLY WHERE THERE ARE MINOR CHILDREN INVOLVED, THIS WOULD BE A WIN-WIN. THE PARTIES ARE MORE LIKELY TO LIVE WITH THE SETTLEMENT THAN THEY WOULD IF A JUDGE TELLS THEM WHAT THEIR LIVES ARE GOING TO LOOK LIKE.

UNLESS THERE IS AN EMERGENCY, I WILL BE THE LAWYER HANDLING YOUR CASE.

MY SECRETARY WILL BE ABLE TO RESPOND TO MOST GENERAL QUESTIONS AND WILL HELP IN THE PREPARATION OF PLEADINGS.

GENERALLY THE PARENT WHO HAS THE CHILD(REN) MORE THAN 50% OF THE TIME WILL GET THE BENEFIT.

THIS SHOULD BE EXPLORED. THERE ARE TEMPORARY RESTRAINING ORDERS THAT ISSUE WITH THE SUMMONS THAT CAN  IMPACT ONE’S ABILITY TO CHANGE THEIR ESTATE PLANNING.