2009 February Archive

For divorcing couples, the legal proceedings of dividing property in California can be a complicated and exhausting task. Aside from being emotionally straining, division of property can be very time consuming. Your experience with this process can be less stressful if you are well informed on a few matters. First of all, unless you and your spouse signed a written prenuptial agreement, most of the financial assets you both acquired during the marriage will be considered part of the property that must be equally divided in value between the two of you, otherwise known as “community property”. A common example of this is when one spouse receives ownership of the couple’s house, while the other obtains investments that are of equal value to the house.

Another important factor is that California is a “community property” state, which means parties are considered equal partners in a California marriage. Regardless of whether the assets were earned by the husband or the wife, each spouse is required by law to share marital property equally. This is due to the consideration of both marital partners as being an equal agent of the partnership and acting for the combined benefit of the family. In addition to joint ownership, the California community property system also includes the right of equal management and control of assets. All of these matters are held behind the theory that California division of property in divorce should be handled similarly to the dissolution of a business partnership. This approach occurs so that apart from the behavior during the existence of the partnership, each person is awarded his or her share of assets in a fair and equitable manner.

If you are pursing dissolution of marriage in the state of California, you need the legal assistance of a knowledgeable divorce attorney who will help ensure that equal division of community property is established, as well as help to differentiate between assets that are not community property. The Southern California Family Law Offices of Wallin and Klarich want to help you through this difficult time. We have more than 30 years of experience and our top California divorce attorneys are here to answer any specific questions you may have.

For a handful of people going through a divorce in California, it can be staggering to imagine what will happen to your social security. Divorce affects people’s lives forever, even when it is a mutual decision intended for the best. Ex-spouses of all ages find themselves in various situations regarding their social security, but the majority of the time, a fair and convenient arrangement is made in the end.

Social Security benefits can be collected by a divorced spouse in three ways:

• upon his or her personal contributions
• as a spouse
• as an ex-spouse of a provider

The divorced spouse must be at least 62 years of age and unmarried in order to collect social security. It is also important to know that even though the ex-spouse gets the value of a percentage of his or her benefits, there is usually no cutback in benefits for the primary contributor. If the contributing partner is deceased, the surviving ex-spouse can accumulate benefits at age 60 provided that he or she has not remarried.

In order to qualify to receive fifty percent of the value of the ex-spouse’s benefit, or collect one hundred percent of his or her own benefit, whichever is greater, a divorced spouse must have been married for ten years or more. It is up to you and your spouse whether or not you both wish to stay married for a few more years, or however longer, if it means making it past the ten-year mark.

Once a divorce is officially filed and all the paperwork has been signed and processed, at least two years must go by before the divorced spouse can start collecting from the contributing ex-spouse. An exception to this is if the ex-spouse is at least 62 years old and already receives benefits. In the situation of a divorced spouse remarrying, he or she is no longer entitled to a percentage of the benefits from the previous ex-spouse. However, if the remarriage comes to an end, then the divorced spouse becomes eligible once again for benefits from the previous ex-spouse.

It is no surprise that social security issues after a divorce are complex. Even when a particular matter is sorted out, it may be subject to change based on evolving factors in the lives of the ex-spouses. This is why it is important to seek legal counsel from a skilled California divorce attorney as soon as possible. The Family Law Offices of Wallin and Klarich have over 30 years of experience helping individuals and have the knowledge to assist you with your social security eligibility, contributor status, and percentage of benefits. Please contact us today for a consultation.

When it comes time to file your taxes just after going through a divorce in California, it is normal to feel a little overwhelmed. With so many options as to how to file taxes after a divorce, it helps to examine all the possibilities and see what best applies to your current situation. To begin with, if you have not obtained a judgment dissolving your marriage before the end of the year, you can file an individual tax return that will categorize you as married but filing separately, or you can file for a joint tax return with your spouse. It varies from person to person which choice offers you the best advantages, which is why you should talk to your accountant in addition to an experienced California divorce lawyer.

If you and your ex-spouse share custody of children in California and a court order or written agreement has established that spousal support be paid to one parent, then the sum of money paid is considered taxable income to that parent. For tax purposes, the total amount of spousal support payments are deductible from the income of the paying party. It is in your best interest to maintain an updated and full record of all support payments, whether they were made or received. In case a disagreement ever occurs, make sure to keep track of the amount and date of each individual payment in your records and document everything.

Despite the child support paid by the other parent, the custodial parent is usually required for tax purposes to claim all children in his or her custody as dependents. It can be up to the parents to decide who will claim the dependency exemption of the minor children. Once again, this is a matter that your accountant should provide advice on concerning the specific details of your tax returns, along with the advice of a top California divorce attorney.

If you or someone in your extended family is seeking guidance about taxes in relation to their recent divorce, aside from speaking with an accountant, it is of the utmost importance to contact a skilled California divorce attorney who can answer your questions immediately. You can call the Family Law Offices of Wallin and Klarich 24 hours a day 7 days a week and we will arrange for the soonest possible time to meet with you for a consultation. We have handled hundreds of divorce cases and have over 30 years of experience.

How you go about resolving the numerous issues involved in a divorce, such as child custody, division of assets, or spousal support, will determine whether or not the results provide stability and closure for each person and any children involved. A couple going through a divorce wants to do so feeling the least amount of pressure from outside parties if at all possible.

If you and your spouse cannot make a decision or reach a compromise about a tentative parenting plan or other vital issues, these life-altering decisions will be left for a judge or a court-appointed mediator to decide. Even though these professionals are trained and knowledgeable, the best decisions for your family should be made by its own members. This can be a major challenge, especially when emotions run high and it seems impossible to reach a solution for both people involved in the divorce process, but you have to try. You may find that a skilled California divorce attorney can assist you through the mediation process. Keep in mind that if you and your spouse can reach an agreement through mediated divorce, you are more likely to have a less stressful experience. Mediation is cheaper, quicker, and less detrimental to children and relationships than going before a judge in court.

The other important benefit of mediation is attaining an official Marital Settlement Agreement (MSA), which is the closest thing to a genuine final solution that you can get. It may take experimentation with a mutually decided plan until a final agreement is reached on all issues in the form of the MSA. An experienced divorce attorney can assist you with the mediation process by preparing your MSA document and communicating with the other spouse so that you can spend time helping your family through this difficult time.

One of our Southern California mediation lawyers at Wallin and Klarich will write an MSA that adheres to requirements of the law to develop an enforceable contract. We will help you and your spouse look at each issue, without pressure, to try to establish your fundamental interests, and to identify common views shared that will benefit any children or extended family involved.

If you have any questions about mediated divorces in California or how to enforce Marital Settlement Agreement, please contact the family law offices of Wallin and Klarich at 888-280-6839. We have 30 offices throughout Southern California and are happy to help you achieve a sound divorce settlement that won’t force you into litigation or potential post-judgment disagreement. Call us for a consultation today!

An algebraic formula that was created back in 1992 is still effective and used by California courts to determine how much child support should be paid by the non-custodial parent to the custodial parent, also known as “guideline child support”. The result of the equation also applies to joint custody if the parents’ incomes are considerably different or if one parent spends more time with the children.

The court believes that the California child support figure resulting from the use of the formula is the most accurate means for calculation. The formula, which is calculated by a computer, is composed of the following:

• CS = K [HN- (H%) (TN)]
• CS is the amount of child support
• K is the part of both parents’ income owed for child support, which differs based on the number of children to be supported
• HN is the high-earner’s net monthly disposable income
• H% is the high-earner’s approximate time of physical responsibility for the child or children
• TN is the parents’ combined total monthly net disposable income

In addition to the above formula, numerous deductions are allowed in computing net monthly income in relation to standards outlined by the California Family Code. Some of these deductions include:

• state and federal income taxes
• Federal Insurance Contributions Act (FICA) contributions
• union dues
• retirement benefits
• disability and health insurance premiums
• job related expenses

Child support in California is an intricate matter that demands precision and insight under full understanding of the law. Having the legal counsel or representation of a skilled family law attorney can make a huge difference in helping you determine whether or not the formula works for your particular child support case. The skilled California child support attorneys at the Family Law Offices of Wallin & Klarich are familiar with how much child support cases vary from one another based on the unique circumstances that case possesses. We understand that although the child support formula is almost always sufficient, due to a special circumstance that can occur in a particular case, sometimes the application of the formula is not appropriate. One example is in a situation where the children have special medical or other needs that may require a higher amount than what the formula produces.

If you or someone in your extended family with children is filing for divorce or is trying to establish divorce matters after the initial separation, it is crucial to be familiar with the state of California child support guidelines. It would also be in your best interest to seek the legal counsel of a top California child support attorney. The Wallin & Klarich Family Law Firm has the knowledge and experience that you need to ensure adequate financial support for your children.

In California, the purpose of a dissolution of marriage is defined as ‘to restore the parties to the state of unmarried persons.’ This can only be based on the following grounds:

• Irreconcilable differences, which have caused the irremediable breakdown of the marriage;
• Incurable insanity (only upon proof). [Based on California Family Code - Sections: 2310]

Legal Separation In California

The grounds for a legal separation are the same as the grounds for a divorce. There are no residency requirements for legal separation. Once legally separated, the earnings and assets of each party are the separate property of the party acquiring the earnings or accumulations. [Based on California Family Code - Sections: 2310, 2320, 772]

Residency Requirements for California

A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of California for six months and of the county in which the divorce petition is filed for three months preceding the filing of the petition. The superior court of California has jurisdiction in proceedings under this code. [Based on California Family Code - Sections: 200, 2320]

These legal definitions and discussions just scratch the surface of the complexity and depth of California divorce law. While we will attempt to offer simplified explanations of all of the legal statutes involved in divorce and other family law matters via this blog, no amount of information can replace the advice and service of a qualified California divorce attorney.

The divorce lawyers at Wallin & Klarich have extensive experience representing our clients in divorce proceedings and protecting their rights under the law. The complexity of California divorce law can be a minefield. You need the knowledge and experience of attorneys to insure that your interests are being taken into consideration. Our divorce attorneys offer you the peace of mind to know that a qualified professional is at your service and we insure the best possible result for your case.

For more information on how we can help you, contact our Southern California divorce attorneys today for a free consultation of your case.

Alimony is court ordered support paid by one spouse to another after they are separated. It is more commonly referred to now as Spousal Maintenance or Spousal Support and is intended to maintain the standard of living that both spouses became accustomed to during the marriage.

3 different types of alimony that can be awarded include:

• Permanent support: This is an arrangement where one spouse pays another until death, or remarriage of the spouse receiving support. This can be awarded for long term marriages.
• Temporary support: Is an arrangement that lasts for a specific period of time. It is usually awarded to a spouse for a specified period of time.
• Rehabilitative support: Is intended for a spouse who needs assistance re-entering the job force. This usually takes the form of vocational or college training expenses. Stay at home moms who have not worked in years may receive this sort of support.

There are many factors that the courts consider when determining whether or not to award California spousal support. Variables such as the length of the marriage, contributions a spouse may make as a homemaker, earning potential of a spouse, and the ability and means for which a spouse would be able to care for children, are all taken into consideration by the courts.

The alimony attorneys at Wallin & Klarich have extensive experience negotiating spousal support. Whether it is a pre-trial divorce settlement negotiation, or fighting for your hard earned money in a court of law, our attorneys are adept at securing the most favorable dispositions for our clients. If you are going through a divorce, don’t leave the important matter of your future financial well-being to chance; contact an experienced California divorce attorney at Wallin & Klarich today for a free consultation of your case.