Family Law

• Divorce
• Child Support
  Child support is ordered based on state guidelines and Local Rules of Court. Amongst the factors considered when making a child support include, but are not limited to, the number of children and the timeshare each child spends with each parent; the gross incomes and/or self-employment income of each parent; other taxable or non-taxable income of each parent; new spouse and/or partner income; and payments of health care, union dues, or mandatory retirement. In the event a parent earns bonus income, the Court can order that additional child support be paid pursuant to a bonus table when bonus income is received.
• Child Custody and Visitation
  Collaborative representation is another manner in which a case can proceed through the Court. In this instance both parties are represented by counsel. The intent of the collaborative process is to avoid litigation and reach agreements on all issues through a series of meeting with specific agendas geared toward resolution of the matter. In cases which involve child custody and visitation, each party may have a coach who is a licensed psychologist or therapist. In the event there is a business involved, or significant assets, each party may have a financial coach, or there may be an agreement for one financial professional to prepare the necessary disclosure documents, cash flow analysis, and business valuation. Throughout the series of meeting at which the parties, their collaborative attorneys, and coaches when indicated, are present it is the spirit of the process to amicably work through the issues in a peaceful manner to reach agreement. In the event the collaborative process does not work, the parties must seek alternate representation, or be self-representation as the collaborative attorneys may not continue representation in the case. Further, the professional coaches who are involved with the case are also excluded from participation further in the matter. In the event only one impartial financial expert was used in the collaborative, on agreement by both parties, the financial expert may continue to provide assistance in the matter.
• Paternity
  Paternity will also be determined through a child support action brought by the Department of Child Support Services (“DCSS”) on behalf of the child. In the event parentage is not agreed to, the Court will order paternity testing to determine and establish paternity in order to make an order for child support.
• Premarital Agreement
  A Premarital Agreement is an agreement by which two parties who intend to enter into a valid marriage make specific agreements to identify and characterize assets and debts of a separate property nature, to maintain the integrity of separate property, and to identify the manner in which community property will be acquired during marriage. A Premarital Agreement also deals with the characterization of income earned during the marriage.
• Spousal Support
  California law provides for the Court to utilize the factors set forth in Family Code Section 4320 when considering spousal support. Another word, though not currently really used, for spousal support is “alimony.” Spousal support is taxable to the receiving party, and tax deductible to the paying party.
• Legal Separation
  When preparing for a divorce (dissolution of marriage) or legal separation, it is necessary to know the full nature and extent of the community assets and obligation, as well as obtain verification of any separate property, so that proper disclosures can be made, and information available in the event the case proceeds to Trial to present as evidence. Financial information, not only with regard to the income of the parties, but also whether a spouse pays support for any other children or relationships is necessary as well.
• Child Abuse
  Physical custody means the child resides with the parent who has physical custody. In many cases, the Court awards “joint physical custody.” This does not mean that the parents share the child on an equal basis, simply that the child resides in both parents’ homes. A proper physical custody plan should set forth the days the child will be with each parent, the exchange time and location for exchanges, a holiday plan, and sometimes a specified number of vacation periods for each parent. In the event a physical custody plan provides for a child to reside more with one parent than another, that parent is typically considered the primary custodial parent. In cases where domestic violence, child abuse, or drug/alcohol abuse are a concern, the Court may order sole physical custody to one parent, in these cases the Court may also order supervised visitation and/or supervised exchanges of the children at a supervising agency.

Criminal Law

• Sex Crimes
  For purposes of this section, a person has “perpetrated domestic violence” when he or she is found by the court to have intentionally or recklessly caused or attempted to cause bodily injury, or sexual assault, or to have placed a person in reasonable apprehension of imminent serious bodily injury to that person or to another, or to have engaged in any behavior involving, but not limited to, threatening, striking, harassing, destroying personal property or disturbing the peace of another, for which a court may issue an ex parte order pursuant to Section 6320 to protect the other party seeking custody of the child or to protect the child and the child’s siblings.
• Assault
• Restraining Order
  Legal custody is the right and responsibility a parent has regarding the right to make decisions regarding a child’s health, education and welfare. Some of the legal custody decisions include the right to select the health care providers, regular childcare providers, schools, and counselors for the child. Many times the Court awards joint legal custody to both parents, however, in cases where parents have difficulty co-parenting, that effects legal custody decisions regarding a child, or when restraining orders are an issue, the court may order that one parent have sole legal custody.

Trusts and Estates

• Trusts