2009 March Archive

After a divorce in California, family circumstances can change drastically and pose issues that are difficult to discuss let alone pursue through settlement or in court. Couples experiencing the emotional strains of a divorce have to also think about how each individual’s taxes will be affected in regards to tax exemption for a minor child or children involved.

The designated custodial parent can automatically claim the child as a dependent on his or her tax return and get the write-off, according to a world wide tax report. However, the parents can discuss other options and assign the exemptions in any way they can agree on. When divorcing couples have two or more children, the parents have the choice of frequently dividing the exemptions between them by child or filing a multiple support agreement. It is unfortunate yet understandable when spouses filing for divorce disagree on California child custody matters and tax exemption for the child or children.

A copy of the Internal Revenue Service (IRS) Form 8332 (Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent) must be filed with the tax return for whichever year an exemption is given to the noncustodial parent and be signed by the custodial parent. Through some court orders or negotiated settlements between parents, the custodial parent is required to sign over the exemption on a semi-annual or annual basis. If you are the custodial parent, letting your ex-spouse have the child’s exemption does not prevent you from claiming “head of household” filing status instead of “single” filing status.

By exercising full knowledge of family law in California, a skilled California divorce lawyer from Wallin & Klarich can assist you with your child custody and tax exemption concerns. We understand that every divorce has unique circumstances that require the legal counsel of a firm with years of experience. Call us today for a case evaluation.

Once the action for dissolution, nullity, legal separation, or paternity has been filed in court, you can establish child custody in California. This process is more complicated than a number of parents realize when deciding on the best environment for their children to live in. In some cases, the reasons for the divorce have to do with inadequacy to support the family or lacking availability to help take care of the children involved. These factors play a large role in determining legal child custody with the child’s well being in mind.

One complex issue that may come up in your child custody and visitation case is whether or not you or your spouse plans on moving to another county or state. Before this move occurs, you may require a modification of custody in California to ensure that any custody or visitation changes are legal and documented by the court.

If you have joint legal custody where both parents preserve the right to make decisions concerning the child or children’s health, safety, education and welfare, then residency is an important issue to discuss. A parent with sole legal custody who makes decisions alone regarding the child or children still needs to inform the court of his or her decision to move out of state.

As a parent who does not receive legal custody, you should still be entitled to visitation rights which are usually created by the court. Visitation is indeed affected if your spouse moves out of the state with your children.

To help you with all your child custody and visitation matters, you need the knowledge and experience of a skilled family law attorney in California who will assist you with your case and ensure that paperwork is filed properly and in a timely manner. Call Wallin & Klarich today at 888-280-6839 for a case evaluation.

A Summons and Complaint form is the legal document used to establish paternity, medical support, and child support in California. In addition to this paperwork is a proposed judgment, which states the amount of child support you are being asked to pay. Once you are issued these documents either in person or through another person on your behalf, you will have thirty days to respond from the date received. If you know that you are the father, you can sign a Stipulation of agreement; however, paternity tests are recommended and provide 99% accuracy.

Being served these legal documents is a serious matter that should not be taken lightly. If you ignore your Summons and Complaint, or fail to respond with the proper paperwork filled out accurately, the proposed amount of child support will become finalized. This will happen without input from you or your experienced California child support attorney in regards to your income and financial capabilities. You will become the legal father, whether you are or not, if you don’t request testing to determine if you are indeed the parent.

There are various ways to respond to a child support order. First of all, you should file an answer based on your status as the biological father. If you are not sure if you are the father, or if you believe you are not the father, a paternity genetic test needs to be conducted and an Answer to Complaint must be filed within thirty days of receiving the order.

In regards to a child support order, your finances and legal responsibilities can be on thin ice if you don’t take care of paperwork and tests correctly. These family law issues can affect you for the rest of your life, so don’t you want to make sure it is done fairly? Contact the top child support lawyers in California at Wallin & Klarich today for a case evaluation.

Many people may think that only women are victims of domestic violence in California, however, men suffer from abuse as well. An article by two national spokespeople for gender issues mentions that the “image of a battered wife is firmly established in the national consciousness.” This by no means disregards the seriousness of emotional and physical abuse women suffer, nor does it take blame away from men who are have committed domestic violence. The issue at hand is to spread awareness of domestic violence against women as well as men in hopes that more victims will recognize their abuse, report the abuse, and seek proper shelter to protect themselves and their family.

Women are capable of violence within the family, which is why a man who claims to have experienced domestic violence should be taken seriously by friends and family and contact a skilled California domestic violence attorney. An abused husband or wife can make the violence stop with the help of a restraining order in California, which can be attained through the court system.

Domestic violence of men and women includes, but is not limited to:

• Physical threats or intimidation

• Stalking

• Spousal abuse

• Harassment (physical or verbal)

• Sexual abuse

• Isolating or controlling victims

• Elder abuse

• Child abuse

A husband or boyfriend who has been assaulted or seriously injured by his wife or girlfriend is unfortunately a reality and a serious issue in our society. It is not easy to end an abusive relationship, whether you are a man or a woman; however, it is necessary for your well-being and safety.

If you are a wife or husband who has been abused by a spouse, you can make claims to your house, custody of children, or finances. If you have been charged with an act of domestic violence, it is also important to seek legal counsel and representation. No matter what the situation of your case is, California’s top family law attorneys at Wallin and Klarich can give you legal guidance, sound advice, and peace of mind.

Paternity in California is an important issue that establishes the legal identity of a child’s father. Not only will a child know who his or her father is, but the child will receive financial support, the right to inheritance, and possibly health insurance. When a married woman is pregnant, it is assumed that the husband has legal parentage. In simple cases, paternity may be filed by both parents through a declaration in the hospital and then given to the state.

Unmarried couples can establish parentage by signing a Paternity Opportunity Program Declaration of Paternity form in the hospital when the child is born, or later through a local registrar, child support agency, or through a court order. These family law issues can be more complicated when a court order is needed to establish parentage, especially when parents are in disagreement. This is why a top paternity lawyer in California can assist you with making sure legal documents are properly read and filled out, as well as help get you adequate child support.

When a paternity case is brought to a child support agency, a Summons and Complaint is issued to the presumed father. If the man knows he is the father, he can sign a Stipulation of agreement, or if he thinks he is not the father, he must file the Answer to Complaint within thirty days of being served. After thirty days of not responding, the court will establish the named man as the father and can order him to begin paying child support and provide medical coverage for the child.

As you can see, issues surrounding and influencing parentage in California is complex and requires the knowledge and experience of a skilled California family law attorney to ensure that your specific situation has the best outcome for those involved. Whether you would like to establish paternity or challenge paternity DNA tests, the team at Wallin & Klarich can help. Call us today for a case evaluation.

In My Child Custody Or Child Support Case, Can I Ask The Court to Have The Other Side Pay My Attorney’s Fees?

The simple answer to this question is yes. In almost any family law case, including California child custody or child support cases, a petitioning party can seek attorney’s fees from the other party. The party requesting an order from the court with respect to their child custody or child support rights, or a modification of the original order issued by the court, must fill out and file an income and expense declaration form, also known as an FL-150 form, in order to get the other party to pay for their attorney’s fees. This form requires the party requesting attorney’s fees to indicate their employer information, their income, their debts and their average monthly expenses, among many other items. This form must be filled out in its entirety if a party would like their attorney’s fees paid for. Therefore, even though it might cost you money upfront to pay for an attorney, the other side could possibly pay for all of your attorney’s fees.

Because attorney’s fees are not always granted by the court, it is important for a person to seek legal advice when filling out this form relating to modification of child custody or support in California, along with the other forms that the court requires, to ensure that their rights are adequately protected in the family law court.

The top California family law attorneys at Wallin and Klarich have over 30 years experience in family law matters and can prepare and file your forms and paperwork, as well as argue for your rights in court.

Please feel free to contact Wallin and Klarich for a free consultation. The attorneys at Wallin and Klarich are available 24 hours a day, seven days a week to answer your questions. You can reach us at (877) 466-5245 for more information.

What If My Child Is With Someone I’m Not Familiar With When Their Mother Or Father Is Supposed To Be Caring For the Child? What Are Your Rights As A Parent?

As a parent, you have an absolute right to know who is taking care of your child when the other parent is supposed to have their visitation time with the child. When parents of a child stipulate to certain California visitation rights or the court orders a visitation schedule, those parties must abide by that order from the court. Sometimes one parent might be too busy with their work or school schedules and thus leaves the child in the hands of people who the other parent is not familiar with. Often times the child is left with a new boyfriend or girlfriend or wife or husband. This can create problems for the other parent as they don’t know this other person and their ability to take care of their child. Many people ask what they can do to protect their children from these unknown persons.

What you need to do is hire an experienced law firm who can apply for a visitation modification and child custody in California. In this modification, the attorney would prepare and file documents that request that you obtain a “Right of First Refusal.” A Right of First Refusal is a right given to one parent that orders the other parent to ask the other parent’s approval when leaving the child with someone else for more than a certain period of time. Those periods of time can vary but can be used, for example, where a parent leaving the child with someone else for longer, than say three hours, would have to ask the other parent’s permission in order to do so. This gives the other parent some protection in knowing that their child will not be left without their mother or father for any longer than three hours.

The attorneys at Wallin and Klarich have over 30 years experience in family law matters and can prepare and file your forms and paperwork, as well as argue for your rights in court.

Please feel free to contact Wallin and Klarich for a free consultation. The skilled California family law attorneys at Wallin and Klarich are available 24 hours a day, seven days a week to answer your questions. You can reach us at (877) 466-5245 for more information.

Have you ever tried to file for divorce on your own or file for child custody in California alone and found the process extremely frustrating? If so, you are not alone! First of all, there are several forms to fill out. Thus, just figuring out what forms you need can give you a headache. Then, if you are able to fill out what forms you need, you still need to fill them out properly.

If you can eventually get the proper forms filled out, then what do you do? Well, you still need to: have the forms properly filed and served; make sure that your filing fee is taken care of and that you get a mediation date set up; have the court give you a hearing date; go to that hearing date and be able to successfully stand up to the opposing side and argue your case; and be able to draft and submit an order after hearing or final judgment.

This entire process of filing for divorce in Southern California can be extremely difficult to finish, as it sounds exhausting just thinking about it. For this reason, many who begin this process on their own, without an attorney, are not able to get past the first stage of finding out what forms they need to start, let alone complete the process. Thus, if you want to save time and avoid the headache of attempting to do it on your own, call the experienced California divorce attorneys at Wallin and Klarich. Wallin and Klarich has been in the business of helping people for over 30 years and we would like to help you today!