2009 June Archive

Recent world news headlines regarding a high profile politician have many people discussing paternity claims lately. The President of Paraguay, Fernando Lugo, is facing a political crisis as several women have stepped forward in recent weeks claiming that he sired their children. What makes the claims all the more shocking is that Lugo was a Roman Catholic bishop at the time of conception.

From a recent article on guardian.co.uk:
“The story broke two weeks ago when lawyers for Viviana Carrillo, 26, filed a paternity suit. On Monday lawyers for a second woman, Benigna Leguizamon, a 26-year-old soap seller, said Lugo was the father of her six-year-old boy, and on Wednesday Damiana Moran, a 39-year-old divorcee, said Lugo was the father of her 16-month-old son, Juan Pablo, named after the late pope.”

The paternity attorney representing Carrillo is asking for a DNA test to establish parentage. It is unclear at this point as to what type of child support she will be seeking.

DNA tests are an accepted scientific method of determining paternity. These laboratory tests examine the genetic material that a child inherited from his or her biological parents. The DNA test will compare the material and calculate the probability that a certain man fathered a certain child. DNA testing is believed to establish a father’s paternity with over 99 % accuracy and has been a major breakthrough in establishing paternity.

While not all of us have the bright light of the world media following our family law issues, establishing or challenging parentage is still of vital importance to the life of the would-be father and the child in question. The stakes are at their highest, especially when you consider that paternity governs such important matters as rights to visitation and child support. If you are seeking to establish paternity or challenge paternity tests, please call 888-749-7428 for a case evaluation with an experienced Southern California paternity attorney at Wallin & Klarich.

As reported in an article, the Office of Child Support Enforcement (OCSE) has a program called the “Federal Parent Locator Service”. The service was established in 1975 under Title IV-D of the Social Security Act and is meant to work as an assembly of systems operated by the OCSE. It is also intended to assist States in locating noncustodial parents, putative fathers, and custodial parties for the establishment of paternity and child support obligations, as well as the enforcement and modification of orders for child support, custody and visitation. The FPLS also assists Federal and State agencies identify over-payments, fraud, and assists with assessing benefits. Among the many federal and state agencies, directories and programs that are included in the Federal Parent Locator Service, are:

• Internal Revenue Service (IRS)
• Social Security Administration (SSA),
• Veterans Affairs (VA),
• The Department of Defense (DoD),
• National Security Agency (NSA),
• Federal Bureau of Investigation (FBI).
• The National Directory of New Hires (NDNH): a central repository of employment, unemployment insurance, and wage data from State Directories of New Hires, State Workforce Agencies, and Federal agencies.
• The Federal Case Registry (FCR): a national database that contains information on individuals in child support cases and child support orders.
• The Federal Offset Program (FOP): a program that collects past-due child support payments from the tax refund of parents who have been ordered to pay child support.
• The Passport Denial Program (PPD): a program that works with the Secretary of State in denying passports of any person certified owing child support debt greater than $2,500.

In the United States today, nearly one-third of all children are growing up in single-parent homes. Of all the families owed child support, only half receive the full amount due, and a quarter receives nothing at all. Programs like the Federal Parent Locator Service are valuable assets in assuring that all children have the support of both their mothers and fathers.

The obligation of child support is one that our government takes very seriously. If you or someone you know owes child support debt or arrears, or is owed this money, contacting a skilled Orange County family law attorney at Wallin & Klarich can help get you on the path towards collecting or paying the monies owed. Our attorneys can help those who have arrears protect things like their credit, driver’s license, and tax refunds. If you are owed monies, our child support attorneys can use our extensive resources to help enforce child support decisions. Don’t let child support debt ruin your future and your peace of mind. Call us today to discuss your case.

An article on the California Courts website outlines the processes by which an individual can establish paternity in California. The 3 methods discussed in detail are:

1. Signing a Declaration of Paternity
2. Having a Child Support Agency Establish Parentage
3. Appearing in Court To Establish Parentage

Signing a Declaration of Paternity
When both unmarried parents of a child sign a Declaration of Paternity, they are deemed the legal parents of a child. The signing of this document is considered voluntary. If the parents sign at the hospital, the father’s name will go on the child’s birth certificate, and the mother does not need to go to court to prove who the father of the child is. If they sign the declaration after the child’s birth certificate has been issued, a new birth certificate can be issued with the father’s name. An important benefit of having this document signed is that once it is filed with the court, the judge can make orders for custody, visitation, and support based upon it.

Having a Child Support Agency Establish Parentage
A California child support agency can bring an action to establish the parentage of your child. As part of this action, they will ask for a child support order. Although this service is free, the filing of the forms can be complicated. It is important to note that the Local Child Support Agency (LCSA) doesn’t represent the parents or the children. The LCSA lawyers aren’t your lawyers. You are not their client, and the information you give the LCSA isn’t confidential. By using the LCSA to establish parentage, you are waiving certain rights you would be able to exercise if you had your own attorney. The law says the LCSA will make the final decision on child support enforcement, even if the custodial parent disagrees. For this reason alone, whenever possible, it is always best to have a qualified, experienced California child custody & support attorney file the child support order and represent your interests in the child custody matter.

Appearing in Court to Establish Parentage
The filling out, serving, and filing of the necessary court forms for establishing parentage is the last of the methods discussed on the site. This process can be exceedingly complicated, and although it is possible for a party to attempt to navigate the court system alone, it is always best to contact a skilled California child custody attorney to insure that no mistakes are made and the best possible result for your particular situation is reached. Among the forms that may or may not have to be filled out are a Summons (Uniform Parentage-Petition for Custody and Support), Petition to Establish Parental Relationship (Uniform Parentage), Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Income and Expense Declaration (Family Law), and/or a Financial Statement.

Regardless of the method used, it is of the utmost importance when seeking to establish paternity to contact an experienced Southern California paternity attorney like the ones at Wallin & Klarich. The laws that apply to establishing paternity and paternity testing are complex. We can help guide you through the complicated legal process and get you the help and support you need. Call us today for a free consultation.

In California, according to a report, property and debt issues can be settled between parties by a signed Marital Settlement Agreement, or the property award is actually ordered and decreed by the Superior Court within the Final Judgment of Dissolution of Marriage. Since California is a “Community Property” state, all marital property will be divided in a 50-50 fashion according to the court, unless agreed to otherwise by the divorcing spouses. This means that everything that is considered “up for grabs” during the division of property in California during the dissolution and will be distributed equally to each spouse.

Community Property itself is defined as all property and debt that was acquired from the date of marriage until the date of separation. Debts accumulated after the date of separation is also subject to division, depending on the circumstances and use of the debt. Debts acquired by either spouse for the common necessaries of life of either spouse or the necessaries of life of the children of the marriage for whom support may be ordered, shall be confirmed to either spouse according to the parties’ respective needs and abilities to pay at the time the debt began. Debts incurred by either spouse for non-necessaries of that spouse or children of the marriage for whom support may be ordered shall be confirmed without offset to the spouse who incurred the debt. (California Code – Sections: 2501, 2581, 2601, 2602, 2621, 2623, 2625, 2641)

Division of property can be extremely complex, with implications for your retirement savings, your taxes, and ultimately your financial future. It can also be one of the most contentious and difficult parts of dissolving a marriage.

If you’re divorcing and you’re concerned about ensuring that your property is correctly divided, we can help you at Wallin & Klarich. With our skillful legal help, it’s often possible for couples to reach agreement on how to divide marital property, even for relatively complex estates. However, property division can become the battleground for spouses who cannot agree on anything or who seek to punish their former partner. When you face such a situation, our experienced property division attorneys in California can be a valuable asset to have in your corner. For a consultation with our experienced family law attorneys, please call us now at 1-888-749-7428.

An article in myfamilylaw.com discussed the many different types of Alimony payments that one may be required to pay in California. Alimony (also known as spousal support) is an amount paid by one spouse to another after a divorce to allow the lower-income spouse to continue living the same or similar lifestyle as enjoyed during the marriage. The types of alimony in California covered in the article are:

• Temporary Alimony: Temporary alimony is spousal support that is paid during the separation but before the divorce becomes final. This type of alimony can stop altogether when the divorce becomes final, or can be continued after the divorce, depending on the circumstances.
• Rehabilitative Alimony: represents payments made from one spouse to another to allow the lesser-earning spouse to acquire the necessary training or education needed to become self-supporting.
• Reimbursement Alimony: Spousal support designed to reimburse for an expense incurred by the other spouse during the marriage.
• Permanent Alimony: provides fixed monthly payments from one spouse to another for the life of the spouse, usually with provisions. This is applicable for long term marriages of ten years or more.
• Lump-Sum Alimony: Instead of monthly payments, the parties can agree one party to pay a lump-sum amount to the other.
• Property Distribution: In lieu of cash, spousal support can be paid through the ownership of property.

No matter what type of alimony you may be eligible for or are already paying, the issue of spousal support is often the most contentious and unpleasant part of dissolving a marriage. Wallin & Klarich has extensive experience successfully handling spousal support and other family law matters.

We know our clients are often in the middle of difficult transitions; that’s why we’re committed to providing timely, informative service for our clients. If we become your attorneys, we promise to work hard to get the best possible outcome for your spousal support case. And with 33 offices throughout the greater Los Angeles, Orange, San Diego and Inland Empire areas, we can be there for you, wherever you happen to be. To speak with an experienced California spousal support attorney about your case, call us today at 1-888-749-7428 or fill out the online consultation form to the right.

The website TMZ.com recently reported in a story that the wife of actor and producer Mel Gibson has filed for divorce in California. The filing comes after 28 years of marriage and the divorce papers cite irreconcilable differences as the reason for the breakup.

Gibson confirmed the divorce filing in a statement issued through his publicist, which read:

“Throughout our marriage and separation we have always strived to maintain the privacy and integrity of our family and will continue to do so.”

Mel Gibson, 53, has seven children with his estranged wife Robyn Gibson, only one is a minor, Tom, aged 10. According to court papers, Robyn Gibson is seeking joint physical and legal custody of Tom, spousal support and attorneys’ fees. According to reports on TMZ.com, the couple did not have a prenuptial agreement. This means that under California law, all property, assets and debts acquired during marriage will be split evenly. Mel Gibson’s wealth has been estimated as high as $900 million.

Not everyone’s net worth is in the hundreds of millions, but it doesn’t negate the very real effect a costly divorce can have on the parties involved. In fact, when your life savings is more modest than the average celebrity’s, insuring the equitable division of your assets can be even more important.

The skilled Los Angeles divorce attorneys at Wallin & Klarich have experience representing divorce parties of all income levels. Our objective is to fight for the legal rights of all of our clients to the best of our experience and ability. With 16 attorneys serving 33 offices in five Southern California counties, you can count on us to know the family law court system in your area. To discuss your case with us, call us today at 1-888-749-7428.

The latest marriage and divorce statistics from the U.S. Census Bureau and the National Center for Health Statistics cover the calendar year 2005. In that year, there were approximately 2,230,000 marriages in 2005 — down from 2,279,000 the previous year. The divorce rate in 2005 (per 1,000 people) was 3.6 — the lowest rate since 1970.

Divorce rates across states varied greatly. In 2004, the state with the highest reported divorce rate was Nevada, at 6.4 (per 1,000). Arkansas was second, with a divorce rate of 6.3, followed by Wyoming at 5.3. The District of Columbia had the lowest reported divorce rate, at 1.7, followed by Massachusetts at 2.2 and Pennsylvania at 2.5.

A recent study by the University of Okalahoma, found that the institution of the “no fault divorce law” had a significant positive effect on the divorce rate across the 50 states. No-fault divorce is a divorce in which the dissolution of a marriage requires neither a showing of wrong-doing of either party nor any evidentiary proceedings at all. The theory advanced by the University of Oklahoma study is that making divorce easier resulted in more individuals choosing divorce as a solution to their marriages problems.

Marriages across our country occur all the time, but the statistics would indicated that Americans tend to get married more between June and October than during the rest of the year. In 2005, August had the most marriages at about 235,000 or a rate of 9.3 per 1,000 people. The previous year, July was the highest month at 246,000, or a rate of 9.9; this doubled the lowest month in 2004, January.

Much has changed over the years when it comes to our society’s view of marriage and divorce, but one thing remains constant; Individuals will continue to hope to share their lives together and provide better futures for themselves and each other. While the ideal of a perfect marriage may never be fully realized, it remains a goal of many in our society, insuring that individuals all across the country will continue to get married, regardless of what the statistics show.

These stats are offered as a free service by the skilled Orange County divorce attorneys at Wallin & Klarich to our readers. For more information and stats, please visit http://www.cdc.gov/nchs/fastats/divorce.htm.

In the past, California divorce law declared that a “dissolution of marriage” could only be granted under very specific circumstances. Extreme situations like adultery or mental cruelty were considered valid reasons for divorce. All of that changed, however with the application of statute no. 2310 in 1970, mentioned in this report, which states:

2310. Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally:

1. Irreconcilable differences, which have caused the irremediable breakdown of the marriage.
2. Incurable insanity.

Irreconcilable differences are any grounds that the court determines to be substantial reasons for the marriage not to continue. California was also the first state to implement the concept of a “no-fault divorce.” Under this California divorce law, if a married person wishes to divorce, he/she can do so, even if the other person disagrees.

Incurable insanity is the last and most drastic of the circumstances under which divorces are allowed under California Law. For this to apply, the party must be able to prove that their spouse was certifiably and incurably insane at the time of the wedding.

Divorce laws in California can be exceedingly complex. It is of the utmost importance that those seeking a divorce have experienced counsel on their side protecting their best interests. The experienced San Diego divorce attorneys at Wallin & Klarich have handled hundreds of divorces. We can help you start the rest of your life on the right foot. Please contact us today for a consultation.

California has a unique family law statute, California Family Code Section 271, which was instituted to promote cooperation between divorcing parties. Specifically, it allows judges to levy ‘sanctions’ against parties whose conduct might frustrate the discovery process, reduce litigation costs or lead to settlement of litigation.

California Family Code Section 271, in part, states:

“the court may base an award of attorney’s fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys.”

This statute, which is unique to California, allows a Los Angeles divorce attorney who feels that the opposing party in a divorce is not adhering to California’s rules of discovery, which require voluntary disclosure, to file a request to have their client’s attorney’s fees paid by the other party. In order to obtain an award under this section, the party requesting an award of attorney’s fees and costs is not required to demonstrate any financial need for the award.

California divorce Law is some of the most complex and unique in the nation. Without the experience of a skilled California divorce lawyer taking advantage of all of the legal options available to you becomes very difficult. Further, if your soon-to-be ex-spouse has contracted the services of an experienced divorce attorney, you may find yourself at a severe disadvantage in a contentious divorce.

At Wallin & Klarich, we’ve handled hundreds of divorces. We understand that we see clients at a difficult time in their lives; that’s why we’re dedicated to getting the best possible outcome for each and every one. With 16 attorneys serving 33 offices in five Southern California counties, you can count on us to provide personalized service. To discuss your case with us, call us today at 888-749-7428, or contact us online and a legal professional will be in contact with you promptly.

A recent article in the Los Angeles Times examined the national trend in Family Law courts supporting the rights of same sex couples despite the fact that many states do not recognize same-sex marriages. Despite this lack of acknowledgment, court decisions on child custody, divorce and other issues are giving increased rights to same-sex couples.

The trend of legally married, same-sex couples moving from their home states to states that don’t allow same-sex marriage is forcing courts, legislatures and employers to deal with the resulting issues of same-sex child custody, divorce, inheritance and end-of-life decisions. The rights that these individuals are gaining have led to virtual equality between same-sex and heterosexual unions in many states.

What can same-sex couples do while they await reversal of Proposition 8? Protection of legal rights is the most important step, and a serious discussion of California same-sex parents custody, estate planning and financial issues should be the first step. Also, keep in mind California Family Code section 297.5, which 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 have not yet become domestic partners, they should do so to ensure that they benefit from all of the same legal rights and obligations that are associated with marriage.

Same-sex couples should consult with a skilled California family law attorney who has experience with the legal issues faced by same-sex couples. The family law attorneys at Wallin & Klarich can help you every step of the way. 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. Give Wallin & Klarich a call today at 888-749-7428.