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Divorce
Child Support And Spousal Support (Alimony)
Child Custody And Visitation
Paternity
Property Division
District Attorney Support Enforcement Defense
Post-judgment Motions
Domestic Violence

Divorce [Top]

If either you or your spouse are considering filing for divorce, or legal separation, or if either of you has already filed, you should contact an attorney to help you figure out what your rights are. You will need to know about possible obligations you may have in the event of a separation or divorce. These obligations and rights may be significant, and without professional advice, you may be unaware of them. These rights and obligations may include, but certainly are not limited to, division of property and pensions, alimony, and child support.

Family law litigants are sometimes anxious to reach an agreement with a spouse regarding these rights and obligations, and may enter into such agreements without proper understanding of what they are doing. It could be something as simple as agreeing on the date of separation, which under California law could affect either spouse's right to a part of the other's pension. The List of possible issues that could be missed is staggering. You should therefore consult a qualified attorney to discuss the particulars of your case.

Child Support And Spousal Support (Alimony) [Top]

Alimony has a different name in California. It's called spousal support. California has a unique system for calculating child support and alimony. There are nine - count 'em, nine - factors that have to be considered by the judge when he / she makes a permanent alimony order. I'll discuss here the most important factor in a temporary alimony order. California judges are encouraged to use computer software programs to come up with temporary alimony orders. These programs are reviewed and certified. The result is that often in making a temporary alimony order the judge can pretty much ignore the nine factors that come into play in a permanent alimony order. The permanent alimony order, on the other hand, is a very different matter and can be a very important issue in a San Diego divorce trial or in settlement negotiations. If you are involved in or want to start a San Diego divorce, make sure you have consulted with a competent San Diego divorce lawyer before you make any decisions about what to do in a child support and alimony matter. You will need help with this. In the long run, you will not save money, by "going it alone".

Child Custody And Visitation [Top]

This is a subjective ruling of the court. This can be re-addressed and modified at anytime. It is in your best interest to review the situation periodically.

Paternity [Top]

If you have a child with a person you have never been married to, or have been accused of parenting a child, and you believe you are not the parent of the child, a paternity proceeding is needed. Al least that's what these proceedings used to be called. The post-modern and gender-neutral description is: Petition to Establish Parental Relationship. Competent and zealous representation is strongly recommended to insure that your rights are protected.

If you are pregnant and find yourself having a child outside of marriage and need financial support from the father, you will be well served by my representation.

Property Division [Top]

What's mine is mine and what's yours is yours....except in California and other community property states. A couple who has been married for any considerable length of time usually accumulates assets together, and debts, too. When the breakup happens, there can be considerable confusion about what rights each person has. Does each spouse automatically get half of 'everything'? What happens to inheritance money, gifts, wedding rings, engagement rings, gifts from one spouse to the other during the marriage? The house that (a) belonged to one spouse before marriage but the couple refinanced together; (b) was purchased by the couple during marriage but because of bad credit which accrues in the name of one spouse only is refinanced at a later date by the other spouse, and the spouse with bad credit is required by the title company to sign a Quitclaim Deed or an Interspousal Transfer Deed before they will fund the refinance?

The list of questions and answers is nearly endless for property division. But here's the really, really basic rule: Assets accumulated during marriage with earnings of either spouse get split 50-50. Debts incurred by either spouse during marriage, no matter whether only one or both names are on the account, are the equal obligation of each spouse. If that's all there is, your case will be simple. But that's usually not everything. There may be stock options from one spouse's employer, pension which was earned partly before marriage and partly during, etc. It is these "mixed properties" that can be pitfalls for the unwary and simultaneously an opportunity for an attorney to devise some creative arguments and strategies to maximize his / her client's position. Don't assume you've covered all your bases until you've talked to a competent attorney about all the facts of your particular situation.

District Attorney Support Enforcement Defense [Top]

If the D.A. is looking for you or has found you, it is probably because the other parent of your child(ren) is or was on welfare (AFDC in California) and the county now wants you to repay the money. If the County isn't looking for reimbursement to it, it is trying to establish or enforce in a "self case", as they're called - cases in which the dispute is directly between the parents about support payment (or non-payment) and the County is just doing what it has to do. Getting through this process can be frustrating and time consuming, as many who have had the experience can attest. You will need help from an attorney who is persistant, proficient, and patient. There's also a new twist: it's no longer officially the District Attorney conducting this function. Instead of a county agency, there is now a state agency called the Department of Child Support Services.

They may also be after you for back child support unrelated to welfare (AFDC) benefits. It is important to have a knowledgeable attorney to negotiate a settlement or litigate your case. You need to be sure that you are not being overcharged and that your rights are not violated.

Post-judgment Motions [Top]

For better or worse, until your children are 18 years old and graduated from high school (or, if the child drops out of school [gasp!], until age 19, it is not really over. Either parent can at anytime ask for a change in custody, visitation (until age eighteen), or support (18/graduated high school or 19). Obviously when the other parent asks the court to change an order, you need good legal advice. But just as importantly, you should periodically review your circumstances to decide whether you should ask the court to change an order.

Domestic Violence [Top]

Please call to discuss any need for an immediate restraining order, or for defense in an upcoming hearing against a request for one.

Please call me toll free at 1-877-261-2217 to talk about your San Diego divorce or other San Diego family law matter.

Attorney Practice Areas: Divorce and Family Law including Paternity, Child Custody, Child Support and Visitation, Alimony, and Domestic Violence.

Law Office Communities Served: Southern California including San Diego County and the cities of San Diego, Coronado, Carlsbad, Chula Vista, Escondido, Oceanside, Vista, La Mesa, El Cajon and Santee, Ca