2009 September Archive

Rocker Travis Barker and his ex-wife, former beauty queen Shana Moakler, have returned to court to organize custody plans for their children during the summer months, according to an article published on sfgate.com. The pair’s two year marriage ended in 2006, but since then the couple has had several short-lived public reconciliations.

Just recently, Barker has used his social networking account on the website twitter.com to make public allegations against Moakler. Barker accuses Moakler of “shipping” Atiana, her daughter from her relationship with boxer Oscar de la Hoya, away for the summer. He also accuses her of allowing their two children to spend time with her uncle, whom Barker alleges is a convicted child molester.

In custody papers that were filed in Los Angeles Superior Court, Moakler permitted Barker to look after the kids for a month this summer, on the condition that the rocker organized a vacation for Moakler and the kids in Rhode Island. She further stipulated that Barker himself would have to take her and the children there on his tour bus. Finally, the legal documents also indicated that the children weren’t allowed anywhere near a man named Richard Sinnott “at any time whatsoever”.

Custody agreements that change for summer months when children are out of school or for special events like vacation trips are a common occurrence. It is always beneficial when the parents of the children can work with their attorneys to reach an agreement that is beneficial for all parties involved.

As in all cases, California law places the best interest of the children above all else in rulings regarding custody agreements. Clearly, the parents being able to agree on custody arrangements and working together for the benefit of the children is in the best interests of all parties involved. Indeed, California Family Law Courts will almost always adopt an agreement that has been reached by both parents prior to their appearing in court, as opposed to unilaterally determining the fate of the children involved at a court meeting.

Regardless of your child custody situation, you need an experienced Los Angeles child custody attorney on your side, representing your interests and ensuring your rights are not infringed upon. Contact us today for a consultation of your situation to find out how we can help you. Please call us toll-free at 1-888-749-7428.

Source article:http://www.sfgate.com/cgi-bin/blogs/dailydish/detail?blogid=7&entry_id=45826

In an interesting article posted on mediate.com, a website that promotes itself as a site for “everything mediation”, the topic of Martial Mediation is discussed. As the article states, this growing arena of family mediation is designed to help couples stay married or continue living together. While the methods are evolving constantly and the device is still a relatively new concept, this form of mediation may be very helpful to the right candidates.

The process begins with the couple identifying the common ground they share in their desire to save the union (if only to some degree). The mediators then help open and improve lines of communication and help the couples address areas of friction in their relationship, and develop a mode of behavior that focuses on the changes that each individual must make in order to lessen future disagreements and conflicts.

As is the case with so many troubled relationships, as communication improves, so does the outlook for the relationship. The mediators will use their various talents and methods to foster this cooperative spirit and arrive at a set of guidelines that all parties can agree on. Some marital mediators believe a “post-nuptial agreement” or something similar should be crafted after marital mediation. This would basically be a document that would outline the responsibilities and duties that would need to be carried out by both parties in the event of divorce. Documents like these could be reviewed after a time, to ensure that the parties are adhering to their responsibilities in the agreement.

Regardless of the methods that the mediators use, or their opinion of whether written documents like post-nuptial agreements should be the end result of their labors, all mediators share some common methodologies. Those procedures, which are discussed in greater detail in the article, include:

1. Explain the Marital Mediation Process
2. Listen to their Presenting Problem
3. Look for Issues that can be Mediated
4. Teach Communication Skills
5. Reaching Agreement

Whether or not this method of mediation continues to grow and becomes viable remains to be seen. There are some questions regarding the legalities involving post-nuptial agreements, so involving a skilled Southern California divorce attorney is always the best course of action.

Divorce can be a complicated, confusing, trying experience. If you are considering divorce or want more information on mediated divorces, contact an experienced California mediation attorney at Wallin & Klarich today for a consultation of your situation. Please call 1-888-749-7428. We can help you sort through your options and protect your interests.

Source article: http://www.mediate.com/articles/maritalmediation1.cfm?nl=212

The date of separation in divorce cases is one of the most important facets of the proceedings. At its most basic definition the date of separation is the date of a physical residential relocation of one spouse with the intention of at least one spouse that the separation be permanent. This date is important in determining the earnings and accumulations of each spouse after they intend to divorce.

This date of separation is much more than just a rift in the relationship. The separation only occurs when the parties have come to a parting of the ways with no present intent to resume their marriage or relationship. Their conduct at the time of the separation should illustrate a complete and final break in the marriage.

While moving out of a shared residence may indicate a desire to separate, it does not always result in an official date of separation. If there is evidence of continued association, be it economic, emotional, or social, it could be argued that the move did not signify the end of the relationship and the date of separation. Things like continued sexual involvement, joint vacations, joint acquisitions, use of joint credit cards or checking accounts, exchange of gifts or continued contributions to the marital relationship can all signify intent to remain married and not separate.

It is important to note that following a date of separation, a spouse’s “earnings and accumulations” after a judgment of legal separation are his or her separate property. This is why establishing a date is so important in divorce proceedings. However, due to its importance, dates of separations are also one of the most contested issues in divorce proceedings. A qualified divorce attorney in Los Angeles will have the knowledge and experience to research the couple’s living situation and history and argue the best possible date of separation for their client.

If you find yourself in the midst of a divorce, it is of the utmost importance to hire a qualified family law attorney as soon as possible. The right attorney can help defend your interests during this difficult time, ensure a favorable divorce settlement. Call Wallin & Klarich today at 1-888-749-7428 for a consultation of your situation.

Source report: http://www.asianjournal.com/immigration/atty-kenneth-reyes/2529-why-is-the-date-of-separation-significant-in-divorce-cases.html

A co-founder of Broadcom Corp., a billion dollar microchip company based out of Irvine, California, is engaged in a very contentious and expensive divorce. As part of their divorce proceedings, Henry T. Nicholas and his estranged wife must divvy-up close to $1 billion in community assets!

To complicate matters, Broadcom Corp. shareholders and various regulators are making claims to much of this fortune. Moreover, Nicholas has been the subject of a Federal indictment amidst allegations that Nicholas manipulated Broadcom Corp. stock and provided illegal drugs to friends and various other business contacts. His estranged wife is also seeking primary custody of the couple’s three children after alleging wide-spread abuse of illegal drugs by Mr. Nicholas.

It will definitely be interesting to see how this fascinating divorce plays out over the next few months. Wallin and Klarich will continue to monitor it, as to see how it could potentially impact other divorce proceedings. Call the skilled Orange County divorce attorneys at Wallin and Klarich today to see how this or any other family law matter could potentially impact you, your loved ones, or your friends!

Wallin and Klarich has been in the business of helping people with their family law matters in their time of need for many years. If you or someone you love is facing child custody or support disputes, or any other family law matter in Southern California, you need to call Wallin and Klarich today for an evaluation of your case. Call 888-749-7428 to get in contact with an attorney today.

A California annulment or “nullity of marriage” occurs when a domestic partnership is legally declared invalid. Such a legal procedure will nullify or void the marriage. To qualify for an annulment you must show that the marriage was either void or voidable when it was initiated. A void marriage is void from the beginning and, technically, never existed. A voidable marriage is valid for all intents and purposes until you obtain the annulment judgment in court.

There are two grounds for a void marriage:

1. Incest: Marriages involving blood relatives being married to each other, like a parent and their child or brothers and sisters, are void due to incest.
2. Bigamy: If someone marries a second time while he or she is married to another individual, the 2nd marriage is void due to bigamy.

Grounds for a voidable marriage include:

1. Bigamy at the time of marriage: Instead of void, a bigamous marriage is considered voidable if, for five successive years prior to the second marriage, the first spouse has been absent and not known to be alive; or if the first spouse was generally believed to be dead.
2. Minority at the time of marriage: when one of the parties was under the age of 18 at the time of marriage, the marriage is considered voidable.
3. Unsound mind at the time of marriage: If one of the parties in the marriage was unable to understand the nature of the marriage contract and all the obligations and rights that come along with it at the time of the marriage, it is considered voidable.
4. Consent to the marriage was obtained by fraud: If one party defrauded the other, as defined as a false representation or a cover up of facts, which alters the very essence of the marriage, it is considered voidable.
5. Consent to the marriage was obtained by force: In these situations only the forced spouse can file a petition and must do so within 4 years from the date of marriage.
6. Physical incapacity: Is defined as the inability to engage in normal copulation. The petition must be filed within 4 years from the date of marriage.

Clearly, the laws regarding an annulment in California can be exceedingly complex. If you are seeking an annulment or nullity of marriage, please contact an experienced and caring Southern California family law attorney at Wallin & Klarich. We can help you through this difficult time and help resolve your issues in a fair and equitable manner while ensuring that your legal rights are protected. Call us today at 1-888-749-7428 for a free consultation.

A collaborative divorce is essentially a divorce in which all parties involved work together to come to a settlement agreement. In most collaborative divorce cases, both parties are represented by their attorneys. Those attorneys draw on their experience negotiating divorce settlements to advise their clients as to what they believe is fair and proper. Attorneys are essentially there in a support capacity. With nearly all divorce proceedings, the ultimate “say-so” lies with the parties involved.

During a collaborative divorce proceeding, attorneys are not the only ones who can be called upon to offer their advice. A whole slew of other experts and can be brought into the negotiations to offer their expertise. Some of these experts include, but are not limited to:

• Financial advisers
• Child counselors
• Therapists (child or otherwise)
• Divorce coaches
• Accountants/ money managers

It is important to remember that this is a collaborative and not for everyone. Most couples who choose this avenue for divorce are on speaking terms and have an amicable relationship. By working together with their attorneys and experts, they can insure that the divorce settlement is not mandated by a judge that is unfamiliar with the specifics of their situation. There is always some level of risk involved when you turn that power over to a family law judge, be it in divorce settlement or child custody and support matters.

Not all spouses choose collaborative divorces. Indeed, many spouses choose instead to litigate these matters in court, with a skilled attorney at their side, defending their interests at every turn. A qualified divorce attorney like those at Wallin & Klarich can explain your different options, advise you on the best approach and tactics, and take care of all the necessary paperwork.

Whether you are interested in a collaborative divorce or wish to litigate your divorce settlement through the courts, the skilled Orange County divorce attorneys at Wallin & Klarich can help you. Even if you are unsure as to the best type of divorce to pursue, our attorneys can call on their extensive experience to advise you as to the course of action that would be most lucrative and make the most sense considering your position. Call us today at 1-888-749-7428, we can help you!

Famous British comedy actor John Cleese is fuming over his divorce settlement, according to an article on Sky News Online. The actor, who was married for 16 years to psychotherapist Alyce Faye Eichelberger, is being forced to pay close to $20 million over the course of 7 years in the divorce settlement.

The settlement calls for Cleese to pay Eichelberger £8m in cash and assets, which includes an apartment in New York and £2m mews house in Holland Park, west London. Eichelberger will also receive £600,000 a year for seven years. This will leave Cleese a £10m fortune.

Cleese is said to be upset over the size of the divorce settlement, being quoted as saying:

“What I find so unfair is that if we both died today, her children would get much more than mine,”

Here we have the very sad story of a man who has worked in the entertainment industry for 40 years and is now being forced to give away more than half of his assets to his ex-wife. When they met in 1990, Eichelberger was living in a third floor council flat in London with her two sons from a previous marriage.

While most of us do not have a net worth of tens of millions of dollars, we all work very hard nevertheless for the income and luxuries we have amassed. That hard work, and the futures of our children, should not be put into jeopardy due to an outrageous divorce settlement. Stories like these are strong arguments for pre-nuptial agreements. For those that have been married without them, their best defense against outrageous divorce settlements is an experienced California divorce attorney like those at Wallin & Klarich.

Don’t let an outrageous settlement jeopardize the assets you worked hard to acquire. Please call one of our skilled Los Angeles divorce attorneys today at 1-888-749-7428. We can help represent your interests in court.

Source article: http://news.sky.com/skynews/Home/Showbiz-News/John-Cleese-Pays-Ex-Wife-12m-In-Divorce-Settlement-After-No-Pre-nuptial-Agreement-Was-Signed/Article/200908315363907

A recent article on American City And County online focuses on the recent financial crisis in California and it’s effects on small county services. The services in question, specifically those in Glenn County, California, population 27,000 people, revolve around the Child Support Services Department.

In an example of the drastic measures that municipalities are being forced to take due to the budget shortfall, Glenn County Child Support Services Director Caroll Ragland decided to retire early when she faced funding cuts that would have eliminated two of the four staffers that share about 2,200 cases annually. The move saved the staffers jobs and allowed the small department to continue operating at normal capacity.

The state continues, however, to lower the budgets for departments like the one in Glenn County, forcing deeper, more serious cuts than ever before. In explaining what she believes the state rationale to be in advancing these budgets, Ragland explains:

“They want smaller counties to regionalize their services,” she said. “To me, [regionalization] makes no economic sense. I would have no local customer support. People would either have a 1-800 number or an Internet address.”

Funding cuts to such important services as child support are not uncommon in California during these trying economic times. With such uncertainty from state agencies, it is more important than ever for individuals involved in child support, custody or other family law matters to seek the representation of experienced legal counsel. By contacting a skilled California child support attorney, you will arm yourself with the knowledge and know-how necessary to get the best possible result for yourself and your children. Our attorneys know what the courts are capable of and have experience to call upon from cases just like yours.

Don’t let California budgetary constraints have an effect on the well-being and future of your family. Contact an experienced Los Angeles family law attorney today to help represent your interests and defend your legal rights under the law. Call us toll-free at 1-888-749-7428.

Source article:http://americancityandcounty.com/admin/county-service-consolidation-20090817/

The Los Angeles County Child Support Services department has begun to post a “most wanted” list similar to that posted on the FBI’s website. According to the list, the individuals on the list are:

“Non-custodial parents who have been convicted of not supporting their children and who have outstanding arrest warrants issued by the Los Angeles County Superior Court.”

Parents who are able, but still do not pay court ordered child support can find themselves charged with a misdemeanor under Penal Code Section 270 [Failure to Provide] and/or Penal Code Section 166(a)(4) [Contempt of Court].

The list contains the names and photos of the delinquent parents who have outstanding arrest warrants in their names. The captions for each individual also include a short description of the delinquent individual’s situation, including the date of their court date, amount of child support owed, and last known professions.

The list can be viewed here: http://cssd.lacounty.gov/dlparents.htm

Those with information about the delinquent parents are urged to contact the LA County Child Support Services department at: (213) 351-8696.

Whether you owe money to the custodial parent of your child or you are a custodial parent trying to get the other parent to pay up, the experienced Southern California divorce attorneys at Wallin & Klarich can help. Call us today to discuss your case at 1-888-749-7428.

Source story:http://cssd.lacounty.gov/dlparents.htm

An article on dailybreeze.com details the arrest of a Gardena man who had a warrant served on him for failing to pay child support in Gardena. He was one of 16 parents recently jailed for failing to pay child support, officials said this week.

The warrant was served as part of the County of Los Angeles Child Support Services Department’s (CSSD) Child Support Arrest Warrant Project, which began in March 2008. The project is part of the CSSD’s stepped up effort to prosecute child support scofflaws.

The article quotes CSSD Director Steven Golightly as saying of the program:

“Over the past six years in California, the child support system has entered a new era of working cooperatively with parents to address their child support obligations. Our goal always is to secure regular payment of support in keeping with a parent’s ability to pay,” Golightly said. “However, some parents willfully ignore their obligations despite having the means to provide.

“They must be held accountable,” he added.

The government has started employing many creative ways to collect child support arrears, and it is no surprise to see them processing warrants to arrest the worst offenders. Other examples of penalties for scofflaws includes the parent’s debt showing up in their credit report and of course, affect it very negatively. Another step the federal government is taking is to refuse giving out passports to parents who owe these child support arrears. In addition, the state can suspend your driver’s license, can collect from SSI monies, can collect from your Disability monies, Tax Refunds, and other monies you may receive.

If you find yourself owing child support monies, our California child support debt attorneys can help you. You have rights and they need to be defended at all costs. The courts will also look favorably upon individuals who step forward and attempt to make amends for past delinquencies. Our attorneys have the experience to help you make the most favorable arrangements possible. Contact us today for a consultation of your case.

Source article:http://www.dailybreeze.com/news/ci_12771781