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Father’s Rights: Did You Know that in California There Is a Legal Preference that Binds Your Judge to Order an Equal Timeshare?

Father’s Rights: Did You Know that in California There Is a Legal Preference that Binds Your Judge to Order an Equal Timeshare?

Oct 27, 2020 | ,

Absent evidence that a parent or timeshare poses a risk to the child’s health safety or welfare, the Court is bound to observe the law setting forth preference for a child to have equal access to each parent. The laws concerning father’s visitation rights can be very complex and often require the help of a skilled family law attorney who can inform you of your rights as a parent and help you fight for your rights as a father. We have helped hundreds of fathers demonstrate to the Court that an equal timeshare is appropriate by employing careful strategy and teamwork in preparations for a petitioning for more or equal time, and with zealous advocacy when it comes time to present your case. We know the territory, and we’ll be right next to you with help to navigate it.

Did You Know that the Court Can Order that More than 2 People Are the Legal Parent of a Child?

Did You Know that the Court Can Order that More than 2 People Are the Legal Parent of a Child?

Aug 5, 2020 |

Guideline Child Support

Child Support in California is based on guidelines that calculates the amount of support that your child is entitled to based on your income, the other parent’s income, and the timeshare that you spend with your child. Each source of income can be treated differently in calculating support, so it is imperative to have an attorney knowledgable to assist you in presenting your income to the Court. Likewise, the presentation of your expenses and deductions can be extremely relevant to the outcome of your case. While the Court typically uses the guideline calculation to determine child support orders, the Court can consider other circumstances to use a different calculation if presented with appropriate basis.

DCSS and Child Support: What the Court Can Do When One Parent Is Under-Employed or Not Employed at All

The average cost to support a child in the U.S. is $12,890 (USDA Consumer and Expenditures Survey, 2015). California law requires that each parent support the child according to that parent’s ability. In the instance when one parent is unemployed or employed but earning less than his or her ability, this leaves one parent holding the lion-share of the responsibilities. When this occurs, the Court can impute a wage commiserate with a parent’s earning ability. A parent on either side of this has the ability to present evidence either in favor or opposed to this imputation. For instance, a parent opposed to being imputed wages may present evidence why he or she is unable to secure work or a medical condition that stands in the way of earning. A parent that is in favor to imputing a higher wage would present evidence concerning the job history or earning history of the other parent. This process can be complex, so having an experienced attorney can mean the difference in hundreds of dollars in terms of your support order.

Family Court: When Your Ex Is a lying to the Court

Many people are forced to go through an emotional, stressful fight just for the Court to hear their side of the story. Some are subjected to false allegations and malicious attacks from the other side. We can help reveal mistruths and stop this type of victimization in Court once and for all. Let our expertise and insight help you get out in front of this vicious cycle.

Tips to limit your exposure:

Utilize texts, email, or other written communication as means to document conversations.

Address the inappropriateness of abusive, inaccurate, or dishonest allegations immediately, and expressly in writing with request that it stop.
Refrain from responding to abusive or harassing communications with profanity or abusive language.

Why Should I Hire a Lawyer to Help Me with My Divorce?

Why Should I Hire a Lawyer to Help Me with My Divorce?

Jul 9, 2020 | ,

There are numerous reasons you should hire and attorney, even if you think the divorce will be amicable or uncontested.

  1. You don’t know what you don’t know. The laws governing the divorce process are complex. How do you know that your settlement is fair? How do you know that your agreement as written can be enforced? You can’t protect yourself if you do not know the law. If you do not have the expertise to handle your divorce, you need to retain counsel that does.
  2. Divorces are emotional. Emotional Sound decisions are not necessarily synonymous terms. Getting outside help and guidance can act as a check and balance from start to finish.
  3. Everything you say to your ex can be used against you at a later time.
  4. Handling your own divorce can be a fulltime job. Division of bank accounts, retirement accounts, credit card debts, bank loans, automobiles and titles, the house or rental, alimony, spousal support and child support, child custody, and all the furniture can be daunting. Many of us do not have the time to devote to handling the complex issues in a divorce.
  5. Big financial matters are on the line, and for some of you, so is the relationship with your children. With everything that matters and what you have worked for at stake, you deserve to be protected by a skilled attorney.

These are just a handful of things to consider when you are weighing whether to hire a lawyer. We take a client-centered approach to your divorce, which means that you set the tone and the pace on how we move forward. Learning your rights is the first step to a successful result, and we eagerly await the opportunity to ensure that you are informed.

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