Tag: Spousal Support

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Collins’ Divorce

Negotiation versus Litigation in a Slip and Fall Case

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

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

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Divorce

Kardashian-Odom Divorce Proving Difficult

Khloe Kardashian’s divorce from Lamar Odom is proving to be more difficult than expected.

Waiting for Response to Divorce Filing

While it’s typical for the Kardashians to get what they want, that’s proving to be difficult in this case. The reality TV, 30, filed for divorce from the former NBA player, 24, ten months ago, and is ready to move forward with her life. But Odom has yet to file a response. And unfortunately, he hasn’t been seen or heard from in a few weeks. “He needs to sign papers and he won’t,” says a source close to the Kardashians. “He disappears here and there, and she can’t find him. She just wants to move on.”

Filed Divorce Papers

Once a initial Petition for Dissolution is filed, the respondent has 30 days in which to file his or her Response. Since Odom has not filed a response, Kardashian must now decide whether to file a Request to Enter a Default, or a Request for Dismissal.

A Request to Enter a Default can be used when a respondent fails to respond within the 30 days, or if the respondent cannot be located. Once a respondent is found to be in default, he or she is then precluded from participating in the divorce action. If there’s a good reason for not responding, a respondent can file a motion to set aside the “default” status.

A Request For Dismissal is filed when both parties decide to cancel a divorce filing.

After Being Granted a Default

If granted the request to Default, Kardashian will be able to move forward with divorce proceedings, without Odom’s participation. According to a divorce attorney, “as long as there are no properties or children between the two parties, one person can’t stop the other from getting the divorce just by not showing up.”

In the initial divorce filing, Kardashian did not request to be rewarded with spousal support from Odom, but she did ask for termination of the court’s ability to grant spousal support to be paid to Odom. She also requested that they each pay their own separate attorney fees.

Kardasian filed for divorce following years of alleged drug abuse and infidelity by Odom.

 

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

Source: People, Lamar Odom Won’t Sign Divorce Papers, Kardashians Haven’t Heard from Him in Weeks

, October 23, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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Divorce Spousal Support

Determining “Standard of Living” in Spousal Support Decisions

When it comes to spousal support after a divorce, there’s a little known factor that California law supports. Courts are required to set spousal support awards that are based on the standard of living that was established during the time of the marriage. But the problem is – how does a court decide what the marital standard of living was? 

Defining “Standard of Living”

The “marital standard of living” is meant to be a general description of the status in financial living that the spouses had achieved prior to filing for divorce or legal separation. This determination of this can be tricky due to the fact that sometimes couples live beyond their means. In those cases, it’s easy for a trial court to base its spousal support award on the parties’  income rather than expenditures. This can also be hard to judge if one party worked excessive hours to achieve the amount of money to sustain that standard of living. But a focus on expenditures can also lead to low measure of standard of living if a couple decides to live modestly.

What a Court Looks At

Since there are so many ways to “break down” the numbers in terms of income versus expenditures, a court must take many different things into account when they are looking for a true marital standard of living. Here are a few examples of those factors:

  • Family, vacation homes, residences acquired during marriage
  • Any sources of unearned income
  • Automobiles, boats, airplanes, and other vehicles purchased during marriage
  • Did/do the children attend public or private school?
  • Pension, profit sharing, retirement, bonuses, stock plans, and other employment benefits as well as stocks, bonds, and investment accounts
  • Social activities
  • Personal property such as furniture, collectibles, antiques, jewelry, and other valuable items
  • Charitable donations and contributions
  • Inheritances or gifts received before, during, and after marriage
  • Debts and outstanding loans

Decisions

Once a court is able to weigh all thee variables, they will be able to render a truer judgement regarding spousal support.

 

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

Source: CEB, Keeping to the Style in Which They Have Become Accustomed, December 12, 2011

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law Spousal Support

Paying Alimony to an Accused Murderer

Having to pay alimony to an ex-spouse can be one of life’s frustrating situations. It’s often an obligation that people just have to grin-and-bear. But for one Utah woman, it’s so much more than an annoyance. For her it means paying alimony to an ex-husband that has been accused of murdering her new husband.

Joy Sidwell

Joy Sidwell of Lindon, Utah, recently asked a judge to allow her stop making the monthly $500 alimony payments to her ex-spouse, Fred Lee. Lee allegedly killed Sidwell’s new husband, Mike Sidwell, in July. According to authorities, Lee, 59, is being held in the Utah County Jail on aggravated murder charges, among others.

Fred Lee

According to court documents, Lee told police he was searching for Sidwell “to kill her,” on July 3. Reportedly, he then entered the Sidwell home searching for his ex-wife, but shot and killed her current husband, Mike Sidwell. “My grandson called me and said, ‘Call [Mike] and tell him we saw grandpa [Fred] hiding behind the van.’ But it was too late, he had already been shot. It’s been a nightmare,” Joy Sidwell said.

Alimony Obstacle

Sidwell had filed stalking complaints against Lee in 2005 and 2007. She also had protective orders issued for him. She feels this issue of alimony is another obstacle in the legal system. “It should be a simple thing. I shouldn’t even have to go to court to do it,” Sidwell said. “They should just see that.” According to Sidwell, Utah State Court Commissioner Thomas Patton told her she is over-reaching. “But I’m like, ‘You don’t know how this guy [Fred Lee] thinks,’” she said. Lee has been awarded alimony due to a head injury that prevented him from working, Sidwell said.

Utah Law

While Utah law does not address unusual situations like this, the government website does reference how the role of material changes with modifying alimony payments. According to Utah state law, “if there are substantial material changes in circumstances not foreseeable at the time of divorce, either party may petition the court for an order modifying alimony. However, the court may not modify alimony to address needs of the recipient that did not exist at the time the decree was entered, unless there are special reasons for doing so.”

Sidwell has plans to return to court on Sept. 15 to petition for the alimony payments to be stopped. Lee will legally be allowed to contest her petition.

 

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

Source: ABC News, Woman Pleads to Stop Alimony Paid to Ex-Husband Accused of Killing New Husband, August 26, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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Child Custody Child Support Divorce Family Law Spousal Support

Duchovny and Leoni Divorce

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David Duchovny and Tea Leoni look to be getting a divorce after 17 years of marriage. After months of being legally separated, Duchovny, 54, filed for divorce from estranged wife Leoni, 48, in June.

Irretrievable Breakdown

Divorce papers filed by the “Californication” actor cite an “irretrievable breakdown” as the cause of the split. An “irretrievable breakdown,” also known as “irreconcilable differences” means that in the view of the courts, the marriage is over, there’s no way it can be fixed, and the spouses are not interested in making it work. In most states an irretrievable breakdown means a spouse can get a “no-fault” divorce, meaning that any wrong doing by one spouse or the other spouse does not matter, and neither spouse is to blame for the failure of the marriage. If you and your spouse agree the marriage is irretrievably broken, you can both sign an affidavit, under oath, that states the marriage is broken and why it’s broken. A family law attorney will be able to advise you on your divorce rights, as laws vary from state to state.

Settlement Reached Independently

Allegedly, the couple worked out their own terms of the divorce settlement on their own, coming to their own agreements regarding spousal support and child support. The stars both currently reside in the New York City. Reportedly they will share joint legal custody of their daughter, Madelaine West, 15, and son Kyd Miller, 12. Leoni will have primary physical custody and Duchovny will pay $40,000 in spousal support, as well as $8,333 monthly in child support. Reportedly, he will also be responsible for all other expenses related to the children, including: summer camps, private schools, and colleges.

Past Troubles

Duchovny and Leoni wed in 1997. They split in 2008 while the former “X-Files” star underwent sex addiction treatment. They reconciled shortly after, but later separated a second time in 2011.

For advice on family law and all it’s aspects, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: People, David Duchovny and Téa Leoni Are Divorcing, August 9, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law Spousal Support

Understanding Spousal Support

When You Might Consider a Lawyer for Personal Injury Claims

“Spousal support” or “partner support” (in domestic partnerships), and “alimony” is when a couple separates or divorces, the court decides a spouse will need to pay the other spouse a certain amount of money as a form of support.

Contributing Factors to Determining Spousal Support

There are many contributing factors that determine the amount of spousal support, what the terms are, and how it can affect your taxes. A family law attorney will be able to walk you through the various steps of understanding spousal support, whether the courts decide you need to pay it, or if you need to receive it.

Changing a Spousal Support Decision

Often times a spouse or domestic partner might request that the amount of spousal or partner support be changed. For this change to be granted a “change in circumstances” will need to be proven. This means that a significant change, such as a job loss, has taken place. Occasionally the spouse or partner receiving support no longer needs it. A change in circumstances can also mean that the spouse/partner receiving support is not working towards becoming self-sufficient financially. When this occurs, the spouse/partner paying the support can request the court change the support order to reflect this inaction.

Report any Changes in Circumstances Immediately

It’s important to note that if you are paying the spousal/partner support you will still be required to pay the full amount of support the court ordered until the change of circumstances is proven, even if your financial situation has changed. So if you lose your job and do not change your spousal/partner support until three months after losing your job, you will still be required to pay three months worth of support, even if you are not able to. An interest rate of 10% is also adhered to that unpaid balance. Because of this, it is crucial that if you have a change of circumstances, you need to address it in court immediately.

 

For advice on family law and all it’s aspects including spousal support and alimony, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: California Courts, Spousal/Partner Support, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Divorce Family Law

An Overview of Family Law

Because the title of “family law” covers a broad range of topics relating to marriage and children, it can be confusing as to what exactly falls under the definition of “family law.” Here’s a brief overview of what falls under the “family law” umbrella.

What’s Covered by Family Law?

Family law includes divorces, annulments, child custody and visitation rights, spousal support, alimony, and child support payments. But it also covers adoptions, matters of guardianship, state child protection, domestic violence, and restraining orders. A family law attorney will be able to advise you on any questions you might have surrounding these topics, but the following has a brief overview of specific topics

Divorce and Annulment

Both a “divorce” and an “annulment” will dissolve your marriage. An annulment specifically will, through the courts, be treated as if it never happened. Certain grounds must be met for dissolution of marriage to be ruled as an “annulment.” Because of this, most dissolutions are done as divorces.

Child Related Issues

The court deciding on child custody and visitation rights always decide on the bases of what’s in the best interest of the child. A family law attorney will be able to help you build your case and will help defend you. With this you might be asked to pay, or be paid child support. This is an amount of money, that has been decided by the courts, that a parent must pay to the spouse who is granted primary custody. This money is meant to go towards food and clothing, medical care, and education for the child.

Spousal Support and Alimony

Spousal support, often called “alimony,” are regular payments made from one spouse to another during separation or after a divorce is finalized. The goal is to eventually help the spouse achieve financial independence wherever possible.

If you feel you have a legal matter that falls under the definition of family law, you’ll want to contact a family law attorney that can help you figure out the exact next steps to take.

 

For advice on family law and all it’s aspects, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Legal Match, What is Family Law? Typical Family Law Questions,  June 11, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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