Category: Child Support

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

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Tags Child Custody, child custody case, child custody dispute, paternity, paternity ruling

Child Custody Child Support Child Visitation Divorce Family Law

A Victory for Shared Parenting

Post author By Scott
Post date November 14, 2014

Negotiation versus Litigation in a Slip and Fall Case

Shared parenting has fought its battles in family law court where the awarding of a child’s custody to one parent has often been a family law tradition. Such rulings have often left the non-custodial parent with far less time that the custodial parent.

Shared Parenting

Supporters of shared parenting argue that for cases that do not involve allegations of physical abuse, substance abuse, or other issues, both parents should equal time with their children. Convincing state lawmakers of this idea has proven difficult, until now. The National Parents Organization has just released the results of a study that evaluated state custody laws. And when it comes to shared parenting, most of them received D’s.

History of Shared Parenting

According to Dr. Ned Holstein, founder of the National Parents Organization, judges have long relied on decades-old research that dictated what was best for children, rather than more recent studies that have since discredited the theory that children should only be with their mothers.

Linda Nielsen, professor of adolescent and educational psychology at Wake Forest University, has reviewed dozens of studies of child parenting situations. Shared parenting situations often showed lower levels of depression, anxiety, substance abuse, truancy, and other negative behaviors when compared to children who spent most of their time with a custodial parent. Nielsen agrees that judges, lawyers, psychologists, mediators, and others working in family law are often unaware of the current research that’s in support of shared parenting.

Making the Case for “Case-by-Case”

While the case can be made for shared parenting, Linda Scher, a family mediator, feels judges need to have flexibility when determining custody issues in order to make their decisions based on the terms of the case. While shared parenting works well in some situations, Scher feels it might “not necessarily [work] for children who are very young, or for those who need consistency.” And because of this, each case must be determined on a case-by-case basis.

For advice on divorce and child visitation, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: USA Today, Report: States fail on shared parenting laws, November 13, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags shared custody, shared parenting

Child Custody Child Support Child Visitation Divorce Family Law Marital Property Division Spousal Support

Collins’ Divorce

Post author By Scott
Post date November 11, 2014

While Stephen Collins’ divorce is scheduled for court on Wednesday, there’s a chance it might not make it to trial.

Ugly Divorce

The actor and his divorce became top news a few months ago when his estranged wife, Faye Grant, taped his confession of molesting young girls decades ago. The two are scheduled to divide their assets after 25 years of marriage.

Divorce attorney Lisa Bloom, has handled some pretty divorce cases herself, but according to her, “This is probably the ugliest case to hit the media.” This is mostly due to the fact that Grant has provided a tape of the couples’ therapy session during which Collins admitted to molesting underage girls.While the audio recording is not admissible as evidence in divorce case, it does turn the spotlight on the case that has been going on for two years.

Determining Division of Assets

While the court will not assign a fault for the divorce, as California is a “no fault” state, the court will look at the martial assets that will need to be divided. “The court wants to find out the pool of assets they’re working with — real property, bank accounts, money coming in from royalties — and generally it’s divided roughly 50-50,” Bloom says. “The court does not want to get into reasons for the divorce; everyone has their reasons, everyone is angry, upset and emotional in divorces.” According to Bloom, “While the tape is not relevant in a California no-fault divorce trial, it may be relevant if the case leads to a settlement, which often happens.”

End of Collins’ Career

Collins has not been charged, but the damage to his career has already been done. He was dropped by his agent and has lost numerous up-coming roles. Grant has said in a recent statement she was not responsible for leaking the audio, and also that the tape has not played a part in the divorce proceedings that have occurred over the past two years. Grant is seeking $13,000 per month in spousal support, as well as half of the couple’s millions in assets which include properties in Brentwood. Collins is hoping to eliminate the spousal support due to the effect the recording has had on his income.

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: USA Today, ‘Ugly’ Stephen Collins divorce trial set to begin, November 11, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, divorce proceedings, divorce settlement, Spousal Support

Child Support Divorce Marital Property Division

Mortgage After Divorce

Post author By Scott
Post date October 30, 2014

Moving on after divorce can be difficult. The process can be made even more difficult if you have no place to live because you sold your house as part of the settlement.

House-hunting as a Single Person

Finding a new home can be rough for a lot of reasons both emotional and financial. Going from a two-person income to a single income can be tough, especially if you’re paying alimony. Here’s a few tips to help in your single-person house hunt.

Tips for Post Divorce House-hunting

Don’t buy a house during the divorce proceedings.
Wondering where to live during the divorce? Some couples grin and bear it, and remain in the house before it’s sold. If there are kids involved, parents often choose to “nest,” meaning one parent stays in the house one week and then lives in a place they have rented the next week. This way kids can remain in a familiar place, without parents having to duke it out with each other.
Don’t rush into buying a new house.
Consider professional help when weighing out if you can afford another house. A financial advisor will be able to look at your specific case and weigh in on if it’s a sound financial decision.

Divorce Attorney

Facing life after divorce can be difficult, especially if the divorce proceedings are litigious and draining. Working with a skilled attorney can help ease the process and get you back on solid footing. Consider hiring an attorney that is experienced in all aspects of divorce, including alimony, marital property division, and child support.

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: US News, How to Get a Mortgage After a Divorce, October 29, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, divorce advice

Child Custody Child Support Family Law High Net-Worth Divorce

Pacer’s Star in Middle of Child Custody Dispute

Post author By Scott
Post date October 17, 2014

NBA player Paul George and Daniela Rajic, a former dancer at Tootsie’s Cabaret in Miami are close to finalizing their child custody dispute. According to George’s lawyer, the two are finalizing a “joint parenting, joint decision-making” resolution over their 5-month-old daughter, Olivia.

Paternity Suit and Child Custody Battle

George,24, a forward for the Indiana Pacers, was locked in a nasty custody battle with Rajic, 24, when she brought a paternity suit against him after baby Olivia was born in May. It sounds like that battle is coming to an end. Just this past week, Manhattan Supreme Court Justice Matthew Cooper, the judge presiding over their custody case, joked it was a “love fest” between the two. He was pleased to see that George and Rajic chatting before the hearing began. He went on to say it looked like “two people who understand they’re going to be tied together for a real long time,” Cooper said. Adding, “They will both be participating in their daughter’s life, and that makes me feel extremely gratified. I am very pleased that this case has moved forward the way it has.”

George Hasn’t Met Daughter

George has not yet met his daughter, and in prior hearings Cooper skewered George for dodging the paternity suit. The basketball player had failed to appear at court dates, despite being able easily attend press conferences and traveling. “He has gone to every length imaginable to avoid taking responsibility for his actions,” the judge wrote. George’s new attorney, Harriet N. Cohen, said, “Paul George is looking forward to a very, very wonderful relationship with his daughter.”

Must Finalize Resolution

The parents will not be required to return to court as long as they finalize a resolution. The agreement will also include child support. In May, Rajic filed the paternity suit against George in Manhattan Family Court. George responded with his own filing, in Florida, seeking full custody of their daughter. George claimed shared custody would be “detrimental” to Olivia because Rajic is unemployed. She’s now taken on the roll of a full-time mother, while living with her parents. “I’m happy everything’s resolved and is moving forward. We’ll be wonderful parents,” she beamed.

George broke his right leg during practice with Team USA in August. He is out for recovery.

Source: New York Post, Pacers star’s parenting deal with ex-stripper baby mama, October 17, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody dispute, Child Support, child support payments

Child Support Family Law

Kenya Takes to FB to “Deadbeat Parents”

Post author By Scott
Post date October 10, 2014

Single parents in Kenya are taking to a new Facebook page to express their frustrations with “deadbeat parents” who have abandoned their children.

“Dead Beat Kenya”

The page, named Dead Beat Kenya seeks to turn a very public eye on absentee parents, in an attempt to expose them. The page jarringly shares pictures, phone numbers, as well as other private details of the alleged deadbeat parents.

Founder Jackson Njeru, started the page after seeing of Dead Beat Kenya, said he started it after seeing countless women struggling to raise children on their own. “This thing is happening in all families — we have people getting kids and running away,” he said. “Our kids are being violated.”

Accused Can Defend Themselves

While it might seem a little extreme, Njeru asks the accuser to provide any information they may have to validate the claims. He also tracks down the accused to give them a chance at defending themselves. “We call both parties. It’s a challenge to verify,” he said. “But I remind people that they’ll be sued for defamation if they make false accusations.”

Despite cries of outrage and numerous lawsuits filed against him, Njeru stands by his posts. “For me it’s all about the children. If I’m going to be jailed about the children, let it be,” he said. According to him, the Facebook group has helped to resolve close to 25 cases offline, mostly due to the fact that the alleged absentee fathers decided to try to resolve the issue after the initial verification call. Once a resolution is reached, administrators remove the post.

Opposition

Opposition to the page feel it is not only ripe for defamation lawsuits, but also might be a source of embarrassment for children whose parents have been named.

Judy Thongori, a family attorney in Nairobi, feels parents should first try to resolve issues offline and in person. “If that fails,” she said, “there’s a court system in place to help aggrieved parties.” However, Thongori also admits that going to court can be a long, painstaking, and often costly process. Njeru adds that the courts are also rife with corruption, and often give the wealthier parent the advantage. “The aggrieved mothers and fathers who publish information on this page reserve their rights to pursue their interests for care, custody and maintenance of the abandoned children,” he said. In just a week, Dead Beat Kenya attracted roughly 180,000 members.

Njeru has no plans to remove the page.

For advice on child support, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: CNN, ‘Dead Beat Kenya’ Facebook page claims to expose absentee parents, September 19, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Support, child support payments, deadbeat parents

Child Support Move Aways (Child Relocation) Spousal Support

Judge Allows Child Relocation to Sweden

Post author By Scott
Post date September 26, 2014

A Nevada Clark County Family Court judge, and the Nevada Supreme Court have allowed a woman to relocate herself and her two young daughters to Sweden.

Original Ruling Upheld

Just a year after Shane and Cecilia Peterson’s divorce, Judge William Gonzalez granted Cecilia to move the two girls the couple share to her birthplace, Sweden. They left just two days before Christmas. Shane appealed the decision to Nevada’s higher court. But the Nevada Supreme Court’s recent ruling affirms Judge Gonzalez’s decision of primary custody and to let the children and mother relocate out of the country.

Hopes of Breaking New Legal Ground

Shane’s lawyer, Bruce Shapiro, hoped to make new law with the case, by making it more difficult for parents with Nevada custody cases to relocate out of the country with their children. Shapiro argued that international moves require additional safeguards and considerations. Shane’s appeal brief stated,“International relocation so fundamentally alters the parent-child relationship that the courts must discard any standard that favors the relocating parent and focus solely upon the best interests of the children.”

Sweden Better for Employment and Quality of Life

Cecilia Peterson’s lawyers argued the relocation “was prompted by her struggles with being employed in the United States.” Her lawyers wrote that, “Cecilia was able to show that the move is likely to improve the quality of life for the children and herself.” The Petersons were married in Sweded, and their oldest daughter was born there.The youngest daughter was born in Las Vegas.

Shane Peterson now lives in Henderson. He pays $1,452 a month in child support, and $375 a month in spousal support. He has not decided if he will appeal further. His daughters visited over the summer.

For advice on child relocation after a divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Las Vegas Review Journal, Nevada Supreme Court OKs mom moving kids to Sweden, September 17, 2013

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags child relocation, move away

Child Support

$250,000 in Overdue Child Support

Post author By Scott
Post date September 23, 2014

Prosecutors are calling Raul Cardona one of the worst deadbeat dads in Milwaukee County history. He owes $250,000 in unpaid child support.

Cardona

Cardona generates thousands of dollars per week, working as a personal trainer to Hollywood stars such as celebrity client Mike Tyson. After going decades without paying child support, he is now facing another large bill – the one required to get him out of jail.

According to Milwaukee County Assistant District Attorney, Maureen Atwel, Cardona’s “current arrears with interest is close to $250,000.” And according to prosecutors, Cardona has been wanted in Milwaukee County since 2008. He had a daughter in Milwaukee in 1993. A year later he was ordered to pay more than $500 a month in child support. But according to investigators, he only made one payment. And then “At some point prior to 2007, the defendant fled the country and moved to Iceland where he started a restaurant,” said Atwell. He then returned to Hollywood.

Recently Milwaukee County district attorney investigators flew to California to apprehend Cardona. Working with U.S. Marshals and the LAPD, they were able to locate and arrest Cardona.

Everything in Fiancee’s Name

“He was a stay-at-home father for the child he has with his fiancee. At one point in time, he was on welfare for the state of California,” said Cardona’s attorney, Daniel Sanders. Sanders claims all of Cardona’s income, home, and fancy cars are all listed under his fiancee’s name.

“The money they reported to the District Attorney’s office as to what he was making, it doesn’t go into his pocket. It goes to his fiancee’s company,” said Sanders.

Preliminary Hearing

Cardona is being held on two cash bonds totaling $40,000 until his upcoming preliminary hearing takes place. The District Attorney’s office hopes this case sends a message to all deadbeat dads. “We’re also looking at general deterrence to make sure that people understand that they cannot commit this crime and they can’t get away with this crime,” Atwell said.

For advice on child support, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Fox6Now.com, Deemed Milwaukee County’s worst “deadbeat dad,” Raul Cardona owes $250,000 in arrears, September 6, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Support, deadbeat dad, unpaid child support

Child Support Divorce Family Law Spousal Support

The Problem with Alimony

Post author By Scott
Post date September 3, 2014

Alimony, also called “spousal maintenance,” is the legal obligation a person has to provide financial support to his or her spouse. This can be claimed either before or after a divorce. Alimony used to be considered a legal right of the spouse that was wronger in the divorce. New no-fault divorce laws have made alimony a conditional legal right that is based on various statutory factors and case laws. But alimony can be a tricky thing, mostly because economically speaking, divorces spouses are not equal. Typically the two spouses have different earnings and earnings potentials. Because of this fact, it falls to family courts to determine and rectify economic inequality that ultimately comes when two people decide to divorce.

No Set Formula

Unlike child support, there are no general standards or formulas for a court to determine the amount and terms of alimony. Because of that, cases that have similar facts and bases have very different outcomes. Alimony also tends to prolong divorces, and nearly 80% of divorces come with a request for alimony modification. Since alimony is so widespread, and since there is so much variance in the rulings, there is an underlying belief that alimony needs to be fixed, and that uniform standards and formulas should be created.

The Problem with a Formula

While a formulaic approach to alimony might sound like a good idea, it’s important to remember just how there is not a “one size fits all” answer for marriages that differ by type, socio-economic reasons, as well as just the facts of a marriage. A simple calculation might be too easy to supplement when full merit of a nonworking spouse’s worth needs to be taken into account. An example of this is the idea that if alimony duration is determined by length of marriage, a woman who falls victim to domestic abuse will face impossible decisions like “should I stay in this marriage until I meet a certain cut-off date for support?”

Re-Focus

Rather than looking for a one-size fits all, it might be best to encourage equal economic allocations and financial control during the marriage, or during the combining of a couple’s finances. Postnuptials and prenuptial agreements should be discussed more thoroughly, as should estate plans that provide for trustees and third-party wealth administrators. Essentially, some financial planning should be done during a divorce, so that the burden of deciding on a person’s finances after a divorce no longer completely falls to a judge or a court.

For advice on alimony, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Time.com, Alimony Is Broken — But Let’s Not Fix It, September 1, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550