2009 October Archive

The Family and Medical Leave Act insures that covered employers must grant an eligible employee up to a total of 12 work weeks of unpaid leave during any 12-month period for any of the following reasons:

• for the birth and care of the newborn child of the employee;
• for placement with the employee of a son or daughter for adoption or foster care;
• to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
• to take medical leave when the employee is unable to work because of a serious health condition.

The act does not apply to all employers, however. There are certain criteria that must be met for these ‘benefits’ to apply, namely:

• the employee must have worked for the employer for over a year
• in that time they must have worked 1250 hours over a 12-month span
• the business must have at least 50 employees

Paternity and paternity leave extends to those instances where the couple having a child are not married. However, for this to be valid, paternity must be established. Paternity is the legal identification of the father of a child. Once legal paternity is established, the acknowledged father will gain his legal rights to his child as well as take on responsibilities for supporting his child.

If you are seeking to establish paternity or challenge paternity tests, please call an experienced Southern California paternity attorney at Wallin & Klarich. The laws that apply to 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 at 1-888-749-7428 for a free consultation.

Source:http://www.fox59.com/lifestyle/parenting/sns-parenting-paternity-leave,0,1886181.story

A recent story on abcnews.com details the plight of women who are saddled down with hefty spousal support payments. For a long time, this was a complaint reserved exclusively for men, but with more and more women becoming the primary breadwinners in the household, there are more and more women who are paying spousal support to their ex-husbands.

The number of American men receiving alimony has climbed, from 7,000 in 1998 to 13,000 last year, according to U.S. Census Bureau data. This number will continue to increase as the stigma associated with alimony for husbands continues to decrease. The article explains:

“Early on, men were somewhat embarrassed to ask for alimony because it went across their defined roles in the culture. That has diminished,” said Marlene Moses, the president-elect of the American Academy of Matrimonial Lawyers, an organization of family law attorneys. “There’s been a revolution of men and their rights and the vigor with which they pursue legl opportunities for themselves.”

The article also explains that the recent economic recession has many men seeking alimony, when in a normal financial climate, they may not have. Traditional male-dominated industries like finance and construction are struggling, and as a result more and more men are finding themselves in the unemployment lines, or working for much lower wages. These men are more dependent on their wives for financial support then ever before.

Spousal support is often a contentious and unpleasant part of dissolving a marriage. Wallin & Klarich has handled spousal support and other family law matters for many years. Regardless of whether you are a man seeking spousal support from your wife, or vice versa, consulting a qualified Southern California spousal support attorney can help insure that your interests are protected. To speak with an experienced spousal support attorney about your case, call us today at 1-888-749-7428.

Source:http://www.abcnews.go.com/Business/role-reversal-wives-angry-paying-alimony/story?id=8662940

An article on the website insider.com details the very unique plight of soldiers who are deployed overseas and are forced to go through divorces and child support cases. All too often, spouses who are left behind while their husbands (or wives) are deployed overseas become unhappy with their situation. Having to live alone while being separated from their mates, enduring the responsibility involved in child care, and being without the romantic and intimate aspects that marriage are supposed to afford can all lead a spouse to seek divorce. Often when they do, they also fight for custody of their children.

According to army regulations, emergency leave due to problems at home, including threat of divorce or child custody problems is allowable, but completely at the discretion of the commanding officer. More often than not, commanding officers are unlikely to allow a solider to return home to deal with these issues, especially when the soldier is deployed in the field halfway across the globe. This puts soldiers in very difficult situations at a time when their complete focus and attention are needed on the tasks in front of them.

Many states have responded by passing laws forbidding certain custody decisions to be made while a soldier is deployed on active duty. Virginia, for example, prevents any permanent change in custody while a spouse is deployed. While 20 states have passed laws to limit the impact of deployment on custody decisions, there is no national plan that protects the custody rights of soldiers.

Child custody cases can be a very contentious aspect of any divorce (or separation of non-married parents) involving minor children. California law places the best interests of the child above all other considerations — including parents’ rights — in a custody case. Variables involved when a soldier is one of the parties in a child custody case need to be taken into account in any court ordered arrangement. A qualified child custody attorney in California will make sure that the best interests of their clients are always protected, especially when that individual is serving our country overseas.

If you find yourself in a child custody situation of any type, the experienced California family law attorneys at Wallin & Klarich can help. Contact us today for a consultation of your situation at 1-888-749-7428.

Source:http://www.examiner.com/x-3145-Miami-Relationships-Examiner~y2009m9d6-Custody-battles-and-divorce-in-military-families

An article published to onlineathens.com discusses the recent trend of child support delinquencies increasing. This trend is to be expected, especially when you consider the current state of the economy and the ever increasing unemployment rates in our country. Not all “deadbeat Dads,” as the article calls them, are intentionally avoiding paying their support payments. A large portion of these individuals are men that had high paying jobs when they got divorced, but now that they’ve been laid off, they find themselves unable to keep up with the support they are legally obligated to pay.

The article explains that if the client can afford to hire an attorney, they can go to court and ask a judge to reduce child support payments. Most reduction requests are worked out through the courts and mothers often understand when dads truly are struggling. Since many custody/visitation requests are handled through mediation which affect the amount of the child support obligation, the type of relationship the ex-spouses have can be extremely important in modifying child support. Cooperation and understanding can become valuable assets in the modification/reduction of child support payments.

The State of California sets guidelines to help determine how much child support should be paid. These guidelines use your whole income — wages, government benefits, investment income, self employment income and other types of income, regardless of whether it is taxed or not. Once they’ve been set, child support payments can be modified to account for changes in custody, changes in either parent’s finances, or changes in the children’s needs.

Wallin & Klarich represents custodial and non-custodial spouses in all areas of child support law. With sixteen attorneys in five Southern California counties, we can be there when you need us, wherever you are. For a consultation with an experienced California child support lawyer, call us at 1-888-749-7428 or fill out the online consultation form to the right.

Source:http://www.onlineathens.com/stories/091409/new_492939444.shtml

In California, the term “child custody” covers multiple types of custody. Generally child custody refers to the care, control, and maintenance of a minor child when the parents are divorcing or separating. If you or a loved one are currently involved in a child custody case, it is important to understand the different types of custody you could be awarded. Here are a few types of child custody:

• Physical Custody – Custody given to the person with whom the child will reside.
• Legal Custody – This type of custody is given to those who will be making decisions on things like the education, upbringing, and health care of the child.
• Sole custody – If you are awarded sole legal or physical custody, this means that you are the only person who has the decision making responsibilities for the child (legal custody) or that you are the only person with whom the child resides (physical custody).
• Joint custody – Joint custody involves the sharing of either legal or physical custody between two parents.

There are multiple other terms associated with child custody that you need to become familiar with if you are going through a child custody dispute. An experienced San Diego child custody attorney can help you understand the different types of child custody available to you and help you resolve your child custody case.

If you or someone you love is seeking custody of a child or children, please contact Wallin & Klarich today via phone at 1-888-749-7428 or fill out our consultation form for a free evaluation of your child custody case.

Kelly Rutherford and her estranged husband, Giersch, have been involved in a custody battle over their two children. It is reported that Rutherford alleges that Giersch has been randomly showing up and threatening her, her mother and her nanny and scaring them, so much so that the nanny became upset and quit. Media reports indicate that it is alleged that Giersch has also shown up at restaurants and blocks Rutherford so she is unable to leave. On October 15, 2009 the court will hear evidence from both Rutherford and Giersch to determine if a restraining order is necessary.

The court can grant a restraining order on the basis of stalking and harassment, even without any physical violence or threat of violence. If the court believes Rutherford and the children need the protection of the court, the restraining order can be granted for a period of three to five years.

Restraining orders in California are on your permanent records and can affect you negatively for the rest of your life. Whether you are requesting a restraining order or are fighting a restraining order, it is a very serious matter and parties should seek the assistance of an experience family law attorney.

Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for an immediate divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

There are many questions that you might have regarding court-ordered child support. If you are currently paying court-ordered child support, you may be wondering when you will no longer be required to pay. Here are the possible instances when the support might end:

1. Your child marries
2. Your child is emancipated
3. Your child turns 18 years of age and is not a full time high school student or
4. Your child turns 19 (if your child was still a full time high school student)

There are some exceptions to these instances. One exception could occur if you and the other parent decided to continue to support your child in lieu of any of the above events. Another exception could occur if your child is disabled and unable to support himself/herself. The courts may order you to continue to support your child during adulthood.

However, if these exceptions do not apply to you, keep in mind that if your court-ordered child support is coming out of your wages automatically, you need to file to terminate the wage garnishment. In order to file the termination, you must have proof that one of the above events occurred.

We, at Wallin and Klarich, have experienced child support attorneys in San Diego and throughout southern California who can assist you with a court-ordered child support termination or any other child support issue. Our family law attorneys can help you understand your rights and assist you through the child support process.

If you or someone you love has a family law matter, please contact Wallin & Klarich today via phone at 1-888-749-7428 or fill out our online consultation form for a free evaluation of your family law case.

In the recent decision In Re Domestic Partnership of Ellis, the Court of Appeals held that the putative spouse doctrine applies to domestic partnership as it applies to marriages. This means that if parties who have a reasonable good faith believe that the domestic partnership was registered with the California Secretary of State, they are entitled to the rights and responsibilities of a registered domestic partner even if the registration never took place.

When looking to terminate a domestic partnership, it is important to have a knowledgeable family law attorney in California assist in enforcing your rights and addressing issues such as property division, support, and custody.

Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

We read reports in various “gossip” publications that while Kate takes care of the children on a daily basis; John seems to be living the bachelor life. The court will take into consideration all aspects of the parties’ lives. Speculation rises as to whether Kate will be awarded primary custody of the children due to reports in the media of her engaging in alleged violent rages. Online news reports have alleged that the children have been so frightened by Kate’s rages that they run and hide from their mom. On the other hand, John is allegedly currently living in a posh apartment with lavish vacations and would have to change his lifestyle if he were awarded primary custody of the children. The court will have to determine what is in the minors’ best interest if the parties cannot resolve the matter through mediation.

If Kate and John do not reach an agreement on the custody and visitation of the eight children, the court will be forced to make orders and courts are reluctant to break up families. The court’s goal is to act in the best interest of the children and make sure that they are adequately taken care of. It will be a tough decision for the courts if the parties do not work together and continue to battle.

It is important to have a knowledgeable and dedicated family law attorney on your side to protect your interests and represent you in court. The Judge can make decisions that neither parent likes, so it is important to attempt to work together through the attorneys to reach an agreement. And if you are unable to reach an agreement, it is important to retain an attorney to present your case to the court.

Wallin & Klarich has many years of experience in family law. Our skilled California child custody attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for your divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

In California, and all states for that matter, the government uses child support as a means of ensuring that children enjoy the financial security being raised in a two parent home would have provided them. The law dictates that individuals be responsible for their children and that those children should be well provided for and not want for the necessities of life.

Child support orders have been standardized. Courts are able to apply a formula to figure the amount of support owed. California has a calculator that individuals can use to estimate what their child support payment might be: https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator#. The equation itself balances the difference between each parent’s income against the difference in time that the children spend with each parent.

While child support laws do focus on the welfare of children, it is also important that they remain fair. They are not intended to take advantage of either of the parents involved. This is where much of the litigation involved in child support cases takes place. California child support attorneys can help define variables of income and time spent in a positive light for their clients. The Los Angeles County child support attorneys at Wallin & Klarich have extensive experience representing those going through child support issues.

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. With sixteen attorneys in five Southern California counties, we can be there when you need us, wherever you are. For a consultation with an experienced family law attorney, call Wallin & Klarich at 1-888-749-7428.

Source:http://www.childsupportweb.com/cse/statepages/California.php#Abler