Speak With a San Diego Lawyer to See if You Qualify for Spousal Support

As a San Diego lawyer, we help couples throughout the area as they go through a divorce.  One common question that we get is about spousal support.  Many spouses that were staying home or only working part time become concerned that they will be unable to support themselves.  This is understandable considering it takes time to reenter the workforce.  If you are seeking spousal support, here is what you need to know:

There are several types of alimony or spousal support.  Temporary alimony may be awarded while the couple is separated but not yet divorced.  In many cases, couples continue to share a bank account and pay bills jointly while going through the process.  This is a way to formalize the finances to ensure support.  Another type of alimony is for rehabilitation and provides for a spouse as they are going back to school or doing other activities in order to reach the point where they can support themselves.  Simultaneously, alimony can be awarded to strictly reimburse these types of expenses. Permanent alimony is where a spouse continues to receive funds until they die, remarry or for a set and prolonged period of time.  This can be in the form of monthly payments or in a lump sum.

As a San Diego lawyer, we know that the amount of alimony that a person receives is different in every case.  In some divorces, no alimony is given because both spouses earn an income and are self-sustaining.  In other circumstances, it is awarded but after the judge takes into accounts several factors starting with a review of the financial situation and standard of living that was maintained during the marriage.  If the couple had a high standard of living, more alimony would typically be awarded than if they were living on a tight budget.  It is all in relation to what life was like during the marriage.  The judge will also take into consideration the ability of the payer to continue supporting themselves while still paying alimony.  

In determining how much a spouse should be awarded, a judge will also look at age and potential ability to support themselves along with the length of the marriage.  For example, someone that is getting divorced after being married a couple of years and is in their thirties or prime working years, will probably get less alimony than someone that is near retirement age.  This is to ensure that those who did not support themselves during the marriage and would potentially be unable to do so will still maintain some standard of living and not suffer great harm due to a divorce.  On the other hand, those that are capable of earning a living may only be granted support for a short period while they get back on their feet. 

Every case is different so to find out what your chances are of receiving alimony and what a potential award would be, schedule a consultation.  As a San Diego lawyer, we can represent you both in and out of court to ensure that your rights are protected as you go through a divorce. 

What Happens to Your Pets in a Military Divorce?

If you are going through a military divorce, it can be a complicated process both emotionally and practically.  There are many issues that will be decided during your divorce proceedings including how your assets will be divided, who gets to keep the house, and what happens with your child custody arrangements.

  

For members of the military, this entire process can be far more complicated because one spouse may want to move out of state in order to go back home.  Additionally, if one person is deployed the entire proceedings may need to be stayed until they get stateside.  With the variety of issues that can take place, we recommend working with an attorney that is experienced at working with military members and their families. 

Many people ask us what will happen to their pets in a military divorce.  Pets are members of the family but are not treated by the courts like children.  This means that the judge is under no obligation to consider how to divide “custody”.  Instead, a pet is typically treated as an asset would be. In other words, your pet could be treated like a car or the house.  During trial, the judge can make a binding ruling over who will keep your pet and what will happen to them. 

This is a risk because the judge will also be deciding what happens to all of your assets, your debts, your home and your children.  This is a lot to review and make a decision on, so there is no guarantee that they will spend the amount of time it will take to fully understand the relationship you have with your pet and why it is so important to you that you maintain that relationship.  

It is our job to prove the bond that you have with your pet and that you have been their primary caregiver.  We can help to demonstrate this by proving who took them to the vet and the groomers, who spent the most time with them, purchased them, etc.  The more information you can give us, the better as it will help us to build your case. After hearing the facts, the judge will decide who gets to keep your family pet. 

When handing a military divorce, with or without pets, we recommend that you try to mediate whenever possible.  This is non-binding negotiation with both parties and their attorneys.  You can be in separate rooms, and the negotiations can go back and forth while assets are divided, custody is determined, and the pets are discussed. The reason we recommend trying mediation is that you have more control over what happens that when you go to court.  You may not get exactly what you want, but you have the opportunity to compromise.  For example, we may be able to arrange a pet sharing schedule or your ex may agree to give up your pet if they get something else in exchange.  

To learn more or to get help, give us a call. 

Speak With a Child Support Attorney if You Have Been Laid Off

If you have lost your job, a child support attorney can help you to negotiate changes to your custody arrangements or child support.  When couples get divorced a judge makes a determination about where the kids will live, visitation schedules, and child support payments.  The goal is to create a plan that can last for as long as possible.  It is unreasonable, however, to assume that what is set when a child is five will still work when they are fifteen.  Life changes and when it does, adjustments need to be made. 

If you were working full time when the judge made their decision, this would have played a large role in determining the custody schedule and how much money you would either pay or receive on a monthly basis.  Losing that job could change everything.  For example, if both parents are working and one is laid off, that parent may want to provide child care now instead of paying for daycare.  This could impact the amount of days each parent has with the child since it is better for a child to be with a parent than in daycare. 

When the days that a child is with each parent are adjusted, the financial considerations must also be adjusted.  This means that if you gain days as a result of losing your job, the amount of money you would pay in child support would go down or the amount you receive could go up.  Simultaneously, there needs to be an adjustment made for how much money is exchanged because your income would have gone down.  As a child support attorney, we can help to make this happen by petitioning the court. 

As a divorced couple, neither one of you can make a change without the consent of the other or without going to court.  In many cases, ex-spouses do not agree so being able to negotiate is not a possibility.  In this case, we can try and mediate on your behalf.  This is a non-binding way to negotiate and take the emotion out of it at the same time.  Since they or their attorney, would be speaking with us the conversations should be more cordial and productive.  The goal of mediation is to attempt to settle outside of court where both sides have more control, and there is less cost involved. 

If they don't agree to any changes, we can schedule a court date and represent you before the judge.  We will build a case for how your job situation changing has impacted your schedule and your financial situation. The other side will likely argue against changing anything or reducing child support so it is important to provide us with as much detail as possible so that we can present a solid case that the judge will have a hard time disagreeing with.  

Remember, if your situation has changed you have the right to ask for your custody situation to change, as well.  To get help, call a child support attorney today. 

A Military Divorce Can Become Complicated Quickly

If you are going through a military divorce, keep in mind that it will likely be more complicated than a civilian one, simply because of the various issues at play.  Active duty military members and their family face specific challenges that are unique; for example, when one spouse is on deployment another can still file for divorce. It becomes incredibly difficult to deal with a divorce from thousands of miles away where communication may be limited.

Are you currently deployed?

This puts you at a distinct disadvantage.  When someone files for divorce, the clock starts ticking on certain timeline issues and without a lawyer representing you, there may be no one local to ask for the process to be stopped or stayed pending their return.  JAG will sometimes get involved, but they are not going to represent you in divorce court.  You still need an experienced divorce lawyer to protect your interests.

Hiring an attorney is especially important if you are facing a military divorce and have children.  In this scenario, you need an advocate to present your side and how you are involved in caring for your children when you are home.  Oftentimes, active duty military members are portrayed by the other side as unengaged when this is simply not the case.  Being in the military is your job, and like any job, it does not diminish how you feel about your children.  Your responsibilities for work are simply different than if you had a 9-to-5 job.  We understand this and are experts at making a case for why you should still have joint custody of your children.

Dividing Finances

There are additional financial considerations that active duty military members and their spouse must consider.  When calculating things like child support, there are different forms of compensation that inexperienced lawyers don’t know how to sort through.  Things like housing allowances and combat pay need to be taken into consideration, and we know how to do so, when working with either party in a divorce.   Additionally, we can help to negotiate how things like retirement will be split up.

Where will you live?

This is a question that comes up frequently in a military divorce.  Typically, families move around a lot, but simply because you are stationed at a base, doesn’t mean that the divorcing spouse will want to stay there.  If you don’t have kids – it doesn’t matter.  Both parties are free to live where they choose.  If, however, you have children they will not be allowed to leave the state permanently without the courts consent.  An order of relocation will need to be filed as part of the divorce process and the judge will decide whether or not to grant it.  If the service member is obligated to stay stationed at a base for a period of time following the divorce, this can become even more complicated.

We are experienced with representing both service members and their spouses in a military divorce.  To get advice from an expert attorney, schedule your consultation today.

A Child Support Attorney Can Help You Negotiate Back Payments

As a child support attorney, we can help you to negotiate any back child support payments that you owe.  It is common for people to get into financial binds and be unable to meet their obligations.  The challenge is that once the court sets the amount you have to pay, it can’t be simply waived or postponed like another debt.  If you get too far behind, the other party can take you to court, and you can even end up in jail.

If you work with a lawyer, this can typically be prevented since we can negotiate on your behalf with the other party and represent you in court before a judge.  The key is to make a case for why you are unable to meet your obligations and what you will be able to do going forward.  If you make enough money, simply not paying isn’t a good argument.  You must demonstrate that you need more of the money you make to pay for your basic living expenses or to support other children that you have.  The goal of the court is to ensure that your children are provided for, not to make you homeless. Keeping this in mind, hiring an attorney and showing up to court is the first step.

People will typically get into legal trouble by not responding to requests for child support, not making any payments, and not showing up for court hearings.  If you fail to appear in court, a judge can issue a warrant for your arrest, and many people have spent time in jail as a result.  If, however, you make an effort to meet your obligations but simply cannot pay the full amount, it becomes much easier to plead your case before a judge.  As a child support attorney, we fight for our clients and seek adjustments to what is owed on a regular basis.

Another reason people tend to need help is if they didn’t know that they had any support obligations in the first place.  For example, if you didn’t know that you had a child, how could you have been paying child support?  Logic would say that you don’t owe anything, but the legal system doesn’t work this way.  Even if you are not aware of a child, the mother could come back at a later date and seek current and back child support.  This can create a difficult situation since most people don’t have enough savings to take care of the obligation.  The court will often garnish wages, as a result, which can hurt your ability to pay for housing, food, etc. In order to prevent this scenario, we recommend hiring a child support attorney that can work with the court to create a plan for caring for the child going forward without crippling you financially today.  The key is to take action right away so that the situation won’t escalate.  To learn how we can help, call to schedule a consultation.

Things You Should Know Before Hiring a Divorce Lawyer

If you are looking for a divorce lawyer, Keen & Genochio Attorneys at Law can help you to navigate through the family court system and receive the best possible outcome.  There are no guarantees in a trial or a divorce, but having expert legal representation will ensure that your rights are protected and that you have someone fighting on your side. 

Before you speak with an attorney, there are several things you should know that will help you to select the right one.

Location is Important

Attorneys are licensed by the state, but each county tends to handle things differently.  This means different sets of paperwork, judges with different tendencies, ways of setting a trial date, etc.  These small differences may seem insignificant but if you hire an attorney outside of the area and they go up against a local one, the local lawyer may have an advantage.

Experience Counts

Make sure that you hire a divorce lawyer that is experienced with your type of case.  All divorces are not created equally.  For example, a standard divorce case typically involves two people that are living in the same general area and may or may not have children.  If you have significant assets, own a business, are looking to relocate, or are in the military, your case is automatically more complicated with several issues that need to be addressed.  Look for an attorney that has dealt with these types of complexities before and done so successfully.

Settlement and Court

If your divorce is amicable you may be able to settle it outside of court.  If not, you need to hire a lawyer that has the courtroom experience necessary to advocate on your behalf, question witnesses, and build a case in your favor.  This requires a different set of skills, so do not assume that your divorce lawyer has them, without asking.

Understand the Fee Structure

Before hiring someone, make sure that you understand how they charge and how much they charge.  Creating a mutual understanding is essential for ensuring that you are on the same page throughout the process.  You should also ask what fees you will be responsible for in addition to what your lawyer will charge.  This way you can budget for it.

Ask About Availability

Before hiring someone make sure that they have the time to take your case.  This is especially important if the case may go to trial.  If you are speaking with a firm with more than one attorney, ask if they work as a team or if someone is set to be a backup in case something happens to your main lawyer. The last thing you want is to end up in court with a junior associate that is new to your case.

With Keen & Genochio Attorneys at Law, you will receive expert legal advice and representation from an experienced divorce lawyer.  To learn more, schedule a consultation by calling (619) 232-2217.

A Divorce Attorney Can Help with Your Business Valuation

If you are getting a divorce, hire a divorce attorney to help you handle the case.  This is an incredibly difficult and sensitive time.  Trying to handle it on your own is unwise since emotion can complicate things, and your reasoning may not be as sharp as normal.  This is perfectly understandable since getting a divorce can be as traumatic as losing a family member.  Working with an expert lawyer can make the process easier so that you can focus on feeling better and taking care of your family.

There are many aspects to a divorce.  Not only are you changing your marital status but assets, and liabilities must be divided.  This includes everything from where you live to the cars that you drive and the family pet.  Every single item you own needs to be given to you or to your spouse, which can be cumbersome at best.  If you own a business, this process becomes much more complicated.

Dividing a business is not easy and normally not practical.  For example, you cannot take an operating company and say that one spouse gets the sales force and their revenue while the other gets the service staff and the revenue they generate.  A business doesn’t work like that so any division of it needs to be financial.  The question then becomes, what is your business worth?  A divorce attorney can help you to find out.

Since the business is a living and changing entity, a business valuation is typically done to determine how much it is worth.  This should be done by an expert such as a CPA or valuation specialist.  There are many ways to evaluate a company that may include looking at tax returns to determine net income along with placing  a value on intangibles like customer relationships and tangible items like equipment.   This is far more complicated that simply looking at your tax returns alone, so working with an expert is important.

Once the business value has been determined, the other party needs to agree to the value or dispute it by obtaining their own business valuation.  After each party has agreed to a set value, it is time to negotiate how much of the business each person should get and how the other person needs to pay them for it.  When hard assets like real estate are involved this can become easier by getting a loan to buy the other party out.  Otherwise, monthly payments are often arranged just like they would be if a partner buyout was being completed.  Working with an expert attorney will ensure that your interests are protected during this process.

As a divorce attorney, we often find that dividing up a business can be a sensitive matter.  This is because most people invest more than time in a business.  It can become their “baby” so to speak. Before you start the process call Keen & Genochio Attorneys at Law at (619) 232-2217 to schedule your consultation.