An Attorney Can Help You Get a Child Support Judgment

If you are divorced and receiving child support, an attorney can help you to collect on that support when your ex stops paying.  Many parents that are required to pay child support live up to their end of the bargain.  The challenge is that if they stop paying it can create a financial hardship for the one that is supposed to receive the payments.  Fortunately, there are ways to obtain your court ordered child support.

During your initial consultation, we will discuss your specific case and the circumstances surrounding the non-payment of child support.  We will need to know how much they are supposed to pay every month, how far behind they are, and if they have been making any form of payment recently.  Once retained, we will review the court order before making a recommendation on how to proceed.

As an attorney, we can help you to calculate how much is owed to you and draft a letter to be sent to your ex formerly requesting payment.  Sometimes people will respond to a lawyer, even when they have been ignoring your request.  The understanding that you will take legal action is a very compelling incentive to work out a payment plan.  This is an option for resolving the dispute and can even be settled out of court.  The key is to have a lawyer draft the agreements so that if they fall behind again, you have additional documentation.

If your ex is unresponsive or simply refuses to cooperate and pay child support, the next option is to go to court.  We will have the opportunity to present the judge with the initial order to pay child support, the documentation proving that support has not been received, and a formal request for a judgment in order to collect on what is owed.

The judge will typically review the income and employment information for your ex prior to making a final ruling.  Any information that you have regarding their employment should be provided prior to the hearing so that we can properly prepare and include it into our arguments.  As your attorney, we will argue the case on your behalf and make a compelling argument for the judge to enforce the child support order. 

If your ex is currently employed, their wages may be garnished in order to collect the child support.  This means that there employer would receive a letter informing them that a certain amount of money needs to be withheld from their paycheck and paid towards the obligation.  If you know that your spouse has that money available, and can prove it, the judge may order a lump sum to be paid at one time.  The key in both scenarios is proving that they have the resources to pay child support.

If your ex refuses to comply with the judgment, they could be sentenced to jail on a temporary basis.  This threat is typically enough to prompt people to start paying.  As a local attorney, we can help you through the process so that you can begin collecting the money you deserve.  

A Lawyer Can Help You Increase Your Visitation Privileges

If you are divorced, a lawyer can help you to make changes to your child custody and visitation agreements.  Just because a custody arrangement has been set with the other parent, or by a judge, does not mean that it has to stay set in stone until the child turns eighteen.  There are ways to make changes to the schedule by going through the court system.

As a parent that does not have primary custody, it can be incredibly difficult and painful to not see your child as often as you would like.  Sometimes the situation arises due to a military deployment, financial issues, a living situation, work reasons, or even substance abuse.  It may be hard to comprehend living with a set schedule for years to come, once the reason for the limited custody or visitation has been resolved.  Fortunately, the court system is designed to provide room for change.

Before you file for a change in child custody or visitation, make sure to consult an experienced lawyer.  The court system is exactly that – a system.  There are set rules and procedures that must be followed in order for your case to be heard and in order to win.  Going before a judge without understanding the rules could be detrimental to your case.  Additionally, when arguing why your custody arrangement should be adjusted it is important that your reasons fit within the statute that the judge must reference prior to making a ruling.

When the custody arrangement involves two parents that live in different states, the case becomes even more complicated.  California has a specific law in place, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) which sets forth that California has the right to enforce its actions, even if a parent moves out of state.  This enables custody cases set in California to continue to be enforceable after someone has moved away, as long as one of the parties still lives in the state.  This can be particularly relevant in military divorces.  

As a California custody lawyer, we are experts at understanding custody laws and how they can impact your case. As an experienced attorney, we help clients to gain back some, or all, of the visitation they have lost.  We understand that life circumstances can create situations that negatively impact our clients.  Rather than judging, we help each client to build a case for why they should regain or increase the time they have with their children.  If this is something you want to pursue consider that you will have the burden of proof to show why your request should be granted.  You will also need to demonstrate stability and that you can provide a safe and caring environment for the children when they are with you.  The judge will also make sure that the children will not be impacted negatively by an increase in your visitation time.  As your lawyer, we will help you to create a winning strategy that can be pursued in court. 

Resolve Custody Disputes with Help from an Attorney

If you have children, an attorney can help you to navigate through the choppy waters of a custody dispute.  Going through a divorce is never easy and when children are involved it is even more complicated.  Instead of being able to simply divide your assets there are important decisions to be made that will impact your life, and the life of your child, until they turn eighteen.

While married, there are simple day to day decisions that are made about your children without really thinking about them.  Things like transportation to and from school, visiting the grandparents, attending family birthday parties, and buying new shoes are simply things that are done – rather than discussed.  Once divorced, these things are no longer simple.  That is why the court requires a thorough parenting plan to be written that makes allowances for these normal life activities.

As an attorney we ask our clients to start thinking about the following and consider how they would want to handle them:

·         Schooling.  Where do you want your child to attend school, both now and in the future?  Your parenting plan can specify this along with whether the decision is made by one parent, or both.

·         Transportation.  Who is responsible for transporting the children to and from school or to and from one parents’ house to the other?  When it comes to exchanging the children, drop off days, times, and locations can all be specified.

·         Special Occasions.  Consider every day or event that you deem to be a special occasion and specify where the children are (what parent they are with) on each of those days.  This will obviously include major holidays, but there are other family events that should be taken into consideration.  For example, list the birthday for every family member that is involved in the children’s lives.  If you don’t list your Grandma and the children are supposed to be with your ex-spouse that day, they will probably be unable to go to your Grandma’s birthday party.  It is better to be thorough.

·         Clothing.  Will each parent to be responsible for purchasing the children clothing that is worn at their house or is one parent going to buy all of their clothes with the other one reimbursing them?  Consider how you want to handle this so that there is no confusion.

·         Toys.  The children probably have a lot of toys that were accumulated throughout the course of your marriage.  Who gets to keep what at their house?  If you don’t specify, the spouse keeping your primary home may get all of the toys with it.

As an experienced attorney, we can help you to sort through these issues as part of your divorce and help you to sort through disputes after the fact.  Even if your divorce has been settled, you can go back and revise custody issues at a later date.  For more information or a consultation give us a call, and we will be happy to assist you. 

Why Members of the Military Need a Family Lawyer

If you are in the military, a family lawyer can help you to sort through complex custody issues, divorce hearings, and child support.  For the men and women serving in our Armed Forces, it can be difficult to deal with matters at home when they are deployed. Unfortunately, that is when many service members are faced with these difficult and complicated family matters.

Our law firm specializes in working with military members and understand how to navigate through the local court system and military regulations. This is extremely important, as not understanding one of these aspects could lead to further legal complications.

For the past sixty years, we have been serving the military community in California.  We are an experienced family lawyer that can provide information and consultations to service members while they are deployed.  California requires a six month waiting period when applying for a divorce.  This process can be started while overseas with the help of our law office.  Using modern technology, we are able to communicate and provide legal services, just like we would if you were sitting in our office.

The financial aspects of military divorce are also more complicated.  The court has to make determinations as to what is joint property and what is separate property.  Things like reenlistment bonuses are up for dispute so you need to have a good case as to who should or shouldn’t have access to those funds.  Child support and spousal support are also determined in a divorce proceeding and more complicated when one of the spouses is deployed.  Things like combat pay can temporarily increase a persons’ income but are not available in the long term.  As an experienced family attorney, we understand the complications that arise when a member of the military is getting divorced and can help to make the process run more smoothly.

If you are in the service and are having difficulty with your spouse, you may want to schedule a consultation prior to leaving for deployment.  Even if you do not take action, it is wise to have an attorney on hand in the event that your spouse does.  Many troubled marriages lead to divorce while one spouse is deployed.  This can come as a blow to anyone that is far away from their family, without the ability to be there and sort through the issues.  By retaining a family lawyer before you leave, you can have the peace of mind that if your spouse does take action, someone local will be there looking out for your best interested.  This is especially important when children are involved as your attorney will need to make the case for why you should have a specific custody arrangement 

To learn more about how we can help, simply contact our office at 619-232-2217 to schedule an appointment.  We can meet with you in person, or if you are currently deployed, remotely.   We will do our best to make the process of family disputes go as smoothly as possible. 

San Diego Lawyer Helps Families

If you are contemplating divorce, a San Diego lawyer can help.  We work with families as they go through a divorce and afterwards if they are unhappy with the judges decision.  Family court is a complicated place with divorce laws and procedures dictating outcomes more often than actual facts.  If you don’t know what you are doing you can get lost in the process, deal with extreme frustrations, and lose the things that are the most important to you.  We understand that this is a difficult time emotionally and will take care of the legal details so that you can focus on helping your family through the process.

Everyone only has so much bandwidth.  While going through a divorce people are dealing with the emotional loss of their family unit and when children are involved you will not only have to process through your own emotions but also theirs.  When you add on top moving to a new house, sorting through belongings, and speaking with family and friends, it can become a roller coaster of emotions that make it difficult to handle the technical aspects of the divorce.  We sympathize for the difficulty you are facing but understand that the process doesn’t stop.

As a San Diego lawyer, we handle the legal aspect so that you don’t have to.  There are a massive amount of forms that need to be completed, documents that must be filed, hearings that need to be scheduled, and appearances before the court.  Even savvy business people can find it difficult to navigate through the complexities of the court system.  Don’t make the mistake of trying to go it on your own, especially when children are involved.  The decisions you make now will impact the rest of your life, or at least until your children turn eighteen.

If you and your spouse are having an amicable divorce there is the possibility of setting outside of court.  Whether working through your attorneys or your attorneys and a mediator, you may be able to reach a consensus on the various issues within your divorce.  If you can, it will save you time and money, and you will have more control over the outcome.  Court is unpredictable, and the judge will make decisions that you have to live with, whether you like them or not.  It may be wise to try mediation if you are in the place to do so.  We will still protect your interest and make sure that you don’t agree to anything that could harm you in the long run.

If you have already completed your divorce but don’t like the current custody or child support arrangement, you can go to court and have the decision reconsidered.  We can help you with this process.  The key is that we need to present new information that was not presented during your prior divorce trial.  This may be as simple as you or your ex spouse’s income changing or the children wishing to go to a new school.  Whatever it may be if it is related to your divorce give us a call and we will be happy to review your case. 

Tips from a Local Divorce Attorney

This is a difficult time and a divorce attorney can guide you through the process so that you and your assets are protected. If you are considering a divorce, we recommend that you schedule an appointment to have a consultation.  There are things you can do ahead of time to protect yourself and your family.

Here are some things to consider:

·         Where do you want to live after the divorce?  You need to make preparations for this ahead of time.  If you have children, the home becomes more valuable because whoever continues to live in the “family home” could be viewed to have more stability.  If you want to share custody try to live within the school district, even if you do move.  This is one of several factors when determining custody so if possible, put yourself in a good position by staying in the home until after the divorce has been finalized.

·         What custody schedule do you want to have?  Try to set the schedule at the time of separation for what you want to have in the long run.  Judges will often look to the existing schedule to determine what is working.  If it appears to be going fine, they will likely just keep your existing schedule in place as part of the divorce.  If you want primary custody try to keep the kids as much as you can now.

·         What do you do for work?  Employment consistency will help with showing you are stable and a good provider for the kids.  If you haven’t been working and have been depending on your spouse for income, we can help you to create a strategy to obtain spousal support. 

·         Examine your assets.  Are their certain things that you want out of the divorce?  If so we need to know right away and know your thinking behind why you thing they should belong to you.  It is our job to make your case and the more information we have, the better.

·         What will you compromise on?  As a divorce attorney, it is rare to see someone get everything that they want.  It is best to know which items you are willing to compromise on and which ones you are non-negotiable.  This gives us something to work with.

·         Bank accounts.  If you want to get a divorce, it is smart to take out a credit card in your name only and to open a separate bank account where you can place some savings.  When your spouse finds out about the divorce, they could respond in anger and try to take you off of your accounts.  While this is illegal, and we can help correct it, you could be in a temporary lurch and this is not a stress you need to deal with. Prepare for financial challenges by saving some money.

Timing is important when you are planning for a divorce.  If you do it correctly, you can have more of what you want.  Call us today to learn how a local divorce attorney can help. 

How an Attorney Can Help With a Military Divorce

As a San Diego attorney, we work with a lot of military families that are going through a divorce.  This is a difficult time for anyone and being in the military can present a whole new set of challenges.  There are both California laws and military laws that need to be followed, making hiring an experienced military lawyer an important part of the process.

We work with people that are stationed at North Island Naval Air Station, Camp Pendleton, Miramar Naval AirStation, and Coronado. If you are stationed at a California base, and currently deployed overseas, we can still help you with the divorce process. Since California requires a six month waiting period many soldiers find it best to start the process while they are deployed so that it can be finalized when they return.

Military divorces can be more complicated for several reasons, including:

·         Finances.  As an attorney for military families, we understand how to calculate a soldier’s total compensation.  Military pay is not as straight forward as civilian pay and can be confusing to some attorneys and judges.  This can be made even more confusing during a deployment.  Proper calculations are important for determining child support and spousal support, when applicable.

·         Establishing residency.  Most residency laws are based on where you have been living.  If you have been deployed or temporarily stationed at a different base, this can become complicated.  If your spouse didn’t move with you immediately, this can also complicate the issue.  We can help you to sort out residency issues so that the appropriate jurisdiction can be established.

·         Retirements and pensions.  These are assets that can be divided similarly to how a home or bank accounts can be divided.  We will help you build a case as to what you are entitled to and why.

·         Determining custody.  As a military member, it is important that your custody rights are preserved.  Just because you have been deployed doesn’t mean that you shouldn’t have rights to see your children.  It is important that you have an attorney that can advocate for your rights.  Simultaneously if you are a military spouse you may have specific custody concerns that you want to have examined.  We advocate for our client, regardless of whether they are in the military or married to someone who is.

·         Attorney fees.  In our consultation, we will discuss attorney’s fees and the possibilities of having them paid for by your spouse.  The percentage each person pays is up for negotiations or will be determined by a judge.

We can make it easier to navigate through your divorce and ensure that the outcome is in line with what you desire.  There are no guarantees that you will get everything that you want, so the goal is to get as much as you want as possible.  Working with a lawyer that has worked with military families will help you to achieve your goals.  We will work with military members, stationed here or overseas, and their soon to be ex-spouses.  Our loyalty is to our clients, and we advocate for their best interest in every situation.