2009 May Archive

It is important to have a private attorney represent you in any matter you have in Dependency Court. If you do not retain private counsel you will be appointed an attorney who will represent you. The court appointed attorney’s are overloaded with cases and do not have extra time to put into your case.

A example of this is the case of In Re R.M. and S.M. v. J.M. In this case the appellate court overturned a juvenile court’s ruling that two minors, age 13 and 10 should be declared wards of the state. In this case the juvenile court found that “periodic episodes of inadequate supervision of the children” caused by Mother’s and Father’s divergent approaches in parenting resulted in the two minor children’s exposure to inappropriate sexual conduct by their older brother. The juvenile court found that both children engaged in inappropriate sexual conduct, however the appellate court found that nothing in the juvenile court record supported the conclusion that Mother inadequately supervised her children, nor that she should have known about this inappropriate conduct sooner.

In order to sustain a juvenile dependency 300 petition, the evidence must be reasonably credible, and of solid value, such that the court would find the child to be a dependent of the court by clear and convincing evidence. Subdivision (b) of section 300 provides that a child is subject to juvenile court jurisdiction if the child has “suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of the failure or inability of his or her parent or guardian to adequately supervise or protect the child.”

In the case mentioned above, the older child watched adult films and engaged in inappropriate conduct, however none of the child’s behavior posed a threat of serious harm to his other two siblings.

The appellate court found that no evidence was presented that the Mother condoned or facilitated the older child’s conduct. The evidence showed the opposite – that as soon as the Mother became aware of the inappropriate conduct she took many steps to prevent it. Mother went so far as to lock the bedroom door where she and one of the minor children slept so the child was not subjected to the inappropriate conduct.

In order for the juvenile court to declare the children wards of the state, they must show that “the circumstances existing at the time of the hearing make it likely that the children will suffer the same type of serious physical harm or illness in the future.” This is because a child can only be a dependent of the state so long as it is necessary for the child to be protected from the risk of serious physical harm or illness.

The appellate court found that there was no record that this behavior occurred as a result of Mother or Father’s approach to parenting or to their physical or emotional problems. The evidence only showed that as soon as the parents found out about this behavior they took steps necessary to stop the inappropriate conduct. Therefore, at the time of the hearing there was no current risk of serious physical harm or illness to the child.

This demonstrates that it is important to have a knowledgeable private attorney on your side that will build your case in a manner according to the laws and disprove the elements that are required to declare minor children wards of the state. It is not worth taking the risk of losing your children by having inadequate counsel. Wallin and Klarich has been practicing in the area of dependency and juvenile law for over 30 years and have a staff of very knowledgeable attorneys that are waiting to help you with your case. Please call 888.749.7428 to speak with a Wallin and Klarich attorney today to get more information.

An article on the website californiadivorce.info discusses the types of family law court orders in California that are most often amended, or ‘modified’. The 3 types of orders the article discusses are:

• Child Custody/Visitation Orders,
• Child Support orders, and
• Spousal Support orders.

Child Custody/ Visitation Order Modification
When the court finds a modification of the visitation schedule or child custody order to be “necessary or proper” and in the child’s best interests, [Ca Fam § 3022] the court may chose to alter its initial decision. The responsibility is on the parent seeking a modification to show a “significant change of circumstances” that would support such an alteration.

Modification of Child Support Orders
Child support orders are modifiable “at any time as the court deems necessary.” Even if the parties have agreed that support may not be modified, child support may be modified at any time especially if they do not adhere to the statewide child support guidelines.

Modification of Spousal Support Orders
Spousal support in California awards and agreements are modifiable throughout the support period, except as to amounts accrued prior to the filing of application for modification and except as otherwise provided by agreement of the parties. However, unlike child support, the court’s continuing power to modify spousal support is dependent on the terms of the court’s order. Unless jurisdiction to award support has been reserved, post-judgment spousal support is limited by the stated duration of the order, unless the parties agree to continue support for a longer period of time. [Ca Fam §§ 3603, 3651(c), 4333, 4335]

Whether you are seeking a modification of spousal support, child support, custody or visitation, your chances of successfully amending the courts orders increase substantially when your retain the services of experienced Family Law counsel. Custody and support proceedings are extremely important, affecting every part of your child’s life and your own future. When your circumstances change, it can become necessary to petition the courts to review their orders regarding your child or alimony arrangements.

With a skilled family law attorney in California from Wallin & Klarich on your side, you can rest assured that your attorney is working hard to get the best possible outcome for you and your family. We have more than 30 years of experience in divorce, custody and other family law matters. And with offices located from San Diego to Ventura to the Inland Empire, we’re able to be there for you, wherever you happen to be. For a consultation, call us today at 1-888-749-7428.

Do you feel that the other parent of your child is not paying you enough child support each month? Or, do you feel that you are paying too much in child support? If you’ve never had a qualified family law attorney assist you in calculating child support, the answer to either of these questions is probably a solid “yes.”

The amount of child support in California to be paid is not just a number that either parent throws out there on a whim. It is determined by several factors. The main factors include the number of minor children involved, the percentage of time the children spend with each parent, and the income of both parents.

However, these are not the only factors to be considered when calculating child support. There are several other factors that must be considered including whether either parent is paying child support for a child from another relationship, special hardships that either parent may have, and mandatory union dues (just to name a few).

Moreover, given the current state of the economy, it is very possible that child support was set using an income amount of a parent that is too high (or possibly too low for that matter).

If you are not sure what factors were considered in calculating the child support amount, or if you have a feeling that your child support payment is currently set too high or too low, then you need to call the experienced California family law attorneys at Wallin and Klarich immediately so that we can help. Contact Wallin & Klarich for a consultation at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

The California Courts: Self Help Center has a section on it’s website about getting your first support order in California for different scenarios, like child or spousal support.

California Child Support Orders
Whether or not you are married or involved in a domestic partnership (as defined by California Law) will determine what type of case you will start with the courts. The only individuals who can start a child support case are:

• The mother
• The father
• The local child support agency (formerly the district attorney)

You can file for child support if you are filing for California divorce, legal separation, or for custody and support orders.

In instances where the parents of the child are not married or in a domestic partnership, they can ask for child support when an order for one of the following is filed:

• Paternity Case
• Domestic Violence Restraining Order
• Petition For Child Custody And Support Of Minor Children
• Spousal Support Orders

For those involved in a marriage, support can be requested by either spouse when one of the following orders is filed with the court:

• a divorce case (in either a “dissolution of domestic partnership”),
• a legal separation case, or
• a Domestic Violence Prevention Act (DVPA) case.

You can get temporary orders for spousal support in California while you are waiting for the final judgment in your case.

The laws and processes involved in receiving or altering child support or spousal support orders can be exceedingly complicated. It is always advisable to retain the services of an experienced California family law attorney to help navigate you through the family court minefield.

Our attorneys have handled hundreds of divorces, spousal support, child support and custody cases at Wallin & Klarich. We know parents in a child support case have a difficult job to do, balancing their personal and financial needs with the best interests of their children. We’re dedicated to helping smooth this transition for our clients and seeking the best possible outcome for your child support dispute. For a consultation with an experienced California family law attorney, call us at 1-888-749-7428 or fill out the online consultation form to the right.

A recent article in Desmoinesregister.com covered the historic Iowa Supreme Court ruling that marriage no longer is limited to one man, one woman. The unanimous 69-page decision maintains a church’s right to decide who can be married under its roof, but it runs counter to the expressed opinion of a majority of Iowans who believe marriage is defined as the union of one man and one woman.

Iowa is one of three states in the nation where gays and lesbians can legally marry as of April 24th, 2009. The state joins Massachusetts and Connecticut as the only states where same sex marriages are legal.

Friday’s decision stemmed from a 2005 lawsuit filed by six gay and lesbian couples who were denied marriage licenses by the Polk County recorder’s office. The seven justices affirmed Polk County Judge Robert Hanson’s ruling that Iowa’s ban on same-sex marriages treated gay and lesbian couples unequally under the law.

“We are firmly convinced that the exclusion of gay and lesbian people from the institution of civil marriage does not substantially further any important governmental objective,” the court said in its opinion. “The legislature has excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification.”

This decision comes months after California’s passing of proposition 8, which officially defined marriage as a union between a man and a woman and prevented the recognition of same-sex unions by the state. It is important to note, however that California Family Code section 297.5, states that: “Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law as are granted to and imposed upon spouses.” This means that, if same-sex couples in California have not yet become domestic partners, they should do so to ensure they benefit from all of the legal rights and obligations of marriages.

Same-sex couples should consult with a skilled California family law attorney who has experience with the legal issues faced by same-sex couples. While these steps can seem onerous, it’s important that same-sex couples do their homework in order to enjoy as many rights as possible in the temporary legal vacuum left by Proposition 8.

An article by Rafael Richman, Ph.D. and published by child divorce site ziplandinteractive.com details twelve tips on how to tell your children about divorce. Divorce in California can be devastating emotionally, not only for the married couple but also for the family unit that is being forever altered by the decision. The tips listed and detailed in the full article are:

1. Choose an appropriate time and place for your conversation.
2. Expect that when you disclose that you and your spouse plan to separate or to divorce, that it will be difficult for you.
3. It is okay to express and show your feelings.
4. Be brief and sincere.
5. Adjust your words to the age-appropriate level of your children.
6. Allow your children the space, time, and opportunity to absorb what you say and to share their feelings.
7. Remember that each child is unique.
8. Expect that your children may experience strong and intense reactions.
9. Acknowledge and validate what your children are feeling and where they are at.
10. Prepare for lots of questions and concerns from your children.
11. Honor and respect your children’s individual needs.
12. Expect and know that no matter what you say and do, that your child may feel and believe that they are responsible and to blame for your separation and divorce.

The bottom line is that the process of separation and divorce can be very painful for all involved. While it is important to realize that divorce is a choice that many make for themselves, its impact is felt much more widely.

This information was provided as a service by the Orange County divorce attorneys at Wallin & Klarich. If you are going through a divorce and need representation, contact our family law attorneys for a consultation today.

The area of Divorce, Child Custody, and Family Law in general can be quite stressful and complex. Questions to consider when choosing a family law attorney include:

1. Are your calls/correspondences with your attorney being returned?
2. Does your attorney keep you informed of the status of your case?
3. How accessible is your attorney to you-the client?
4. Can the attorney only be reached by phone or does he have other methods of communication such as e-mail, etc.

These are just some questions to ask yourself when trying to find the right attorney. If you are having trouble finding the right attorney to represent you, consider contacting the skilled California family law attorneys at Wallin and Klarich. Our firm has been in business for over 30 years and our attorneys are caring, compassionate and will fight for your rights whether it’s a family law matter or criminal law matter. Contact Wallin and Klarich now at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

In Tough Economic Times, More Than Ever, You Need a California Divorce Lawyer That Knows the Law

Times are hard for everyone these days. Jobs are in peril. Money is tight. Home values are declining. Tensions are rising. Anxiety is building up. The effects these economic times are having on California divorce cases are immeasurable.

For example, look at housing prices. Many people find themselves in a situation where one spouse bought their home before the marriage, and during the marriage both spouses have been earning income and paying for the mortgage. Now, you want to get a divorce, and you want to move out of the house, or you want your spouse to move out of the house, but neither of you can afford the mortgage alone. You especially cannot afford the mortgage plus rent for an apartment at the same time. Another problem is you might be able to sell your house, but you won’t get back what you paid for it. Or you’ll only get a small amount back.

How do you resolve these issues? Who gets how much money? The answers require extreme calculations to determine the percentage of shares for each spouse. Both spouses have an interest in the home if they have both been paying for it. In addition, if the funds to pay for the mortgage come from a joint account, it will be very difficult to show that only one spouse has an interest in the home. If the home has lost value, the spouse who did not originally buy the home may not want to claim any interest in the home at all. Obviously there are strategy considerations to deal with.

In order to help you understand your rights and interests, you need a divorce lawyer who knows the law. You also need someone who has the intellectual ability to come up with a strategy to achieve your goals. As shown above, there may be some circumstances where you don’t want your rights (and more importantly, your obligations) enforced. If you have any questions, you should speak with an experienced divorce lawyer in California right away. Learn more about Wallin & Klarich California divorce attorneys by going to our website at www.wkfamilylaw.com. Or, you can reach our office 24-hours a day, 7 days a week at 1-888-280-6839.