2009 November Archive

Income from other sources, with some exclusions, should be factored into the annual gross income computation. There are many employee perks that the lay person is unaware of that are calculated into that parent’s gross income.

A company car provided as an employee benefit reduces that parent’s living expenses and thus is properly included as taxable income at its fair rental value.

If an employee receives free housing, at the courts discretion, the reasonable value of a parent’s rent free housing received as an employment benefit is properly included as income because the benefit reduces living expenses and thus increases money available for child support.

The California Code also includes overtime pay under the general definition of income. If overtime is predictable based on past overtime earnings, the overtime will be calculated as income unless the court determines that the overtime is not likely to continue in the future.

If a parent makes an agreement with their employer for voluntary debt repayment by effectively diverting funds from their income, these funds may be added back to their annual gross income to calculation.

Commonly if a parent owns a business and has control over their income they sometimes structure income and payment of personal expenses through the business to effectively reduce their income in an attempt to minimum child support. In this case, a court may properly consider the business paid personal expenses in determining the parent’s gross income for the child support calculation.

Therefore, there are many factors that come into play when determining what income can be used to calculate child support. It is important to retain a knowledgeable Tustin child support attorney to assist you in adequately representing your interests.

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.

The short answer is yes. In order to file for dissolution of marriage, the parties must be a resident of the county for at least three months at the time of filing. The way to bypass this requirement is to file for legal separation. So, for example you and your wife could reside in Los Angeles County during the marriage. You separated and your wife moved to Orange County. Subsequently you were served with legal separation paperwork out of the Orange County Superior Court. This is a way to bypass the jurisdiction requirement. In effect, you will have to respond to the legal separation in Orange County and all subsequent court hearings (if any) will be held in Orange County. If you want to be divorced and not just separated you can respond to the legal separation as a “dissolution of marriage” and this will effectively change the nature of the case from legal separation to dissolution of marriage.

There are a lot of technicalities and jurisdictional requirements that the lay person may not be aware of. Therefore, it is important to hire a knowledgeable Orange County family law attorney to properly advise you and assist you in your case. There are many other things that can add complications to the filings and requirements such as where the children primarily reside. Be aware that once you are personally served with dissolution or legal separation you only have 30 days to respond. Therefore, it is important to consult with a family law attorney as soon as you are served.

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.

Jamie McCourt is seeking $487,634 in monthly California spousal support or $320,957 if she is reinstated as Los Angeles Dodgers’ CEO after filing for divorce on October 27. She is also claiming 50% ownership of the Los Angeles Dodgers, despite Frank McCourt’s claims that he is the sole owner of the team.

Her claim on the Los Angeles Dodgers will depend on whether the court rules the team as community property or if it will be overridden by a document signed five years ago by both McCourts. The agreement states Frank McCourt is the sole owner of the Los Angeles Dodgers, while eight residential properties and other luxuries are under the sole ownership of Jamie McCourt. Jamie McCourt argues she did not know the implications of the agreement she signed. Frank McCourt’s lawyer, Marshal Grossman, however, finds this unlikely as Jamie McCourt has practiced family law and would therefore have known what she was signing.

If you have a question about this case or any other family law matter, call Wallin & Klarich today. Wallin & Klarich has been in the business of vigorously representing clients with their family law matters for many years and would like to help you with yours. We have experienced and knowledgeable attorneys available to answer your calls 7 days a week, 24 hours a day. Call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

Many people may be wondering the answer to the following two questions: What happens when both husband and wife file separate petitioners for dissolution of marriage? How do you determine whose petition for dissolution prevails?

The deciding factor, in determining which petition for dissolution prevails is who had the other party personally served first. To give you an example – Wife filed petition for dissolution of marriage two weeks ago, however has had been unsuccessful in personally serving husband with the petition for dissolution of marriage.

Since husband has not been served, he is unaware that wife has filed any documents. Husband, also wanting a divorce, then files a petition for dissolution of marriage. Husband hires a process server to serve wife the next day and was actually served with the documents. Wife filed first, however was never able to serve husband and husband served her first.

Therefore, husband’s petition for dissolution of marriage prevails and his case number will be the controlling case number. The only thing that could affect the case is which judge/commissioner the case was assigned to. In this case, the judge/commissioner assigned to husband’s case number is the presiding court officer over the entire matter. To rectify the situation, wife will have to file a response to husband’s petition for dissolution of marriage. The filing fee that she initially paid for her petition will be transferred to her response and no more fees will be required for her response.

To make sure that all technicalities of filing for legal separation or dissolution of marriage are met and carried out, it is important to hire an experienced Los Angeles family law attorney to represent you in the matter. An attorney will follow through and make sure that the other party was served in a timely manner.

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.

With the announcement of the marriage separation of Frank and Jamie McCourt, debate has arisen over the exact ownership of the Los Angeles Dodgers. Jamie McCourt’s lawyer, Dennis Wasser, claims that the Los Angeles Dodgers are community property, therefore, entitling Jamie McCourt to 50% ownership. Frank McCourt’s lawyer, Marshall Grossman, however, maintains that his client is the sole owner and has documents to support this claim.

While Wasser has not seen such documents, he believes they are irrelevant as he is certain that California community property law would apply and lead to a 50-50 ownership. One factor that could affect who has ownership of the Los Angeles Dodgers is the McCourts’ ownership of residential real estate. Each of the properties bought in the Los Angeles area were transferred from Frank McCourt’s name to that of Jamie McCourt. Some speculate that such transfers could mean that some agreement was established between the two.

If you have a question about this case or any other family law matter, call Wallin & Klarich today. Wallin & Klarich has been in the business of vigorously representing clients with their family law matters for many years and would like to help you with yours. We have experienced, knowledgeable divorce attorneys in Los Angeles available to answer your calls 7 days a week, 24 hours a day! Call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

An interesting story out of Massachusetts, posted on bostonherald.com, discusses the case of an artificially inseminated woman who was trying to force a Newton sperm bank to reveal the identity of her twin daughters’ father so she can sue him for child support. The woman, identified in court papers only as Jane Doe, was contesting a Probate and Family Court Judge’s dismissal of the original motion which was filed in 2006.

The father in this case, was a medical student at the time he donated sperm. The agreement he entered into with the sperm bank claimed his identity would be held “in strictest confidence.” The donor signed an agreement with the Newton center agreeing he would never try and find any children he may have sired. In return the center would protect his identity.

The woman is also seeking the identity of the man for another reason. She claims that she needs his latest medical records because of ailments the appellate court says “she claims her daughters have developed.” Those sicknesses include ectodermal dysplasia, which adversely affects the growth of hair and nails and can prevent children from sweating, making them intolerant to heat and fever.

Not all child support claims are this complicated. This instance is clearly a rare situation, but the complexities and importance of standard child support arrangements are very real, and affect millions of people throughout the U.S. The Orange County child support attorneys at Wallin & Klarich represent custodial and non-custodial spouses in all areas of child support law, helping to insure that your children get the financial support they need, renegotiating existing support orders, and establishing paternity.

Our attorneys have handled hundreds of divorces, child support and custody cases at Wallin & Klarich. We know parents in a child support case have a difficult job to do in 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 today at 1-888-749-7428.

Source:http://www.bostonherald.com/news/regional/view/20090930appeals_court_denies_case_to_id_sperm_donor/srvc=home&position=recent

The guardian.co.uk website published a story about a New York doctor who in the ultimate show of love and commitment, donated his kidney to his wife, but now that they are getting a divorce, he wants the organ back, or at least its estimated value (1.5M) as part of the divorce settlement.

The doctor indicated that his marriage was on the rocks when after two failed kidney transplants, he decided to donate his kidney to his wife. He did so, he says, to save his wife’s life, but also to save their marriage. The transplant did save the wife’s life, but she still wanted the divorce.

The case, which is being heard before the Supreme Court in Mineola, New York, is one of the first of its kind, but the experts consulted in the article feel the case doesn’t hold much water.

A medical ethicist at Georgetown University’s Kennedy Institute of Ethics stated, “It’s illegal for an organ to be exchanged for anything of value”. Organs in the US may not be bought or sold. Donating an organ is a gift and legally “when you give something, you can’t get it back”, he said.

Even more importantly, explained Arthur Caplan, member of the University of Pennsylvania’s Centre for Bioethics, ‘No reputable surgeon would perform such a transplant and no court could compel a person to undergo an operation.’

While this story does border on the outrageous side, it does offer us a glimpse of how bitter and heated divorce proceedings can become. Couples on the road to divorce often bring their baggage with them to the negotiating table, and it is usually difficult for a couple to agree on the final disposition of their shared assets. 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.

The skilled California divorce attorneys at Wallin & Klarich have extensive experience helping those going through a divorce make sound choices regarding the distribution of their assets. Our attorneys can guide you through this difficult process, representing your interests at every turn. Contact us today for a consultation of your situation at 1-888-749-7428. We can help you during this very difficult time in your life.

Source:http://www.guardian.co.uk/world/2009/jan/07/kidney-divorce-new-york

A report details the story of a chiropractor who was arrested for owing thousands in child support after a police officer posed as a patient in a sting operation.

Officers with the sheriff’s child support division had been pursuing the chiropractor since being notified Sept. 21 of a warrant issued for his arrest. Officers were told he owed $9,000 in unpaid child support. After staking out his clinic, an officer, posing as a prospective patient, asked to see the chiropractor. When officers saw that the chiropractor was in fact at his clinic, they moved in and arrested him.

Across the country, child support agencies are going to further lengths to bring individuals who owe child support monies to justice. We wrote in this blog previously about programs like the “Get Back On The Road Program” which offers an incentive for those with child support arrears to make payments. Some agencies have also started to post photos and information about those individuals who have failed to pay their child support.

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 child support attorneys at Wallin & Klarich can help.

If you are not sure that you are the parent of the child you have been asked to pay child support for, then we can help set up a paternity test to find out or to prove that you may or may not be the parent of this child. We can also help negotiate a fair settlement so that you are not drowning in debt and your child and the custodial parent receive some financial support that is within your means.

If you or someone you know owes child support arrears or is owed this money, please contact a skilled Orange County family law attorney at Wallin & Klarich at 1-888-749-7428 to schedule a consultation.

Source:http://www.enewspf.com/index.php?option=com_content&view=article&id=10467:sting-nets-suburban-chiropractor-for-unpaid-child-support&catid=88888909&Itemid=88888905

An American father was recently arrested in Japan for taking his children. The father had tried for a year to persuade a family court in Tennessee that he thought his Japanese ex-wife would flee with the children. The father even tried to restrict his ex-wife’s ability to travel outside the country with their children, but to no avail. Tennessee Court records indicate that mother lived in Japan from 2001 to 2008 and that she obtained Japanese citizenship. Father asked the court to stop a possible child abduction attempt in October 2008 during divorce proceedings, wherein mother was ordered to turn over the children’s passports to the court clerk. The divorce was final in January 2009; however, father continued to seek the court’s assistance in securing his children’s residency in the United States by seeking primary custody or in the alternative assurance that his ex-wife would not flee with the children.

However, in April 2009 the court held that mother could take the children to Japan on a two week vacation. The court recognized father’s concern with the Japanese culture, however allowed mother to travel to Japan since she expressed to the court her desire to remain in Tennessee with the children. The passports were returned to mother and she took the children on a two week vacation to Japan. Mother did in fact return with the children; however, there was no court order that once she returned from Japan that she would have to return the passports to the court. As a result, mother shortly thereafter fled to Japan with the children and father was unable to stop her.

The father learned in August that his children failed to attend school and learned that they were in Japan. The father went to Japan, found his children and grabbed them as they walked to school. As a result, father was arrested and mother had the children. Divorced fathers in Japan are not provided much access to their children because of the cultural belief that small children should be with their mothers. In addition, Japan has declined to sign the 1980 Hague Convention which seeks to ensure that custody decisions are made by the appropriate courts and that the rights of access of both parents are protected. This has begun to raise concern since Japanese mothers are taking their children back to the country and refusing to let their foreign ex-husbands visit them. The United States, Canada, Britain and France have all requested that Japan address the problem.

It is important to make sure that you have a knowledgeable family law attorney on your side that can make sure all safeguards are in place to prevent such a thing from happening. Had father had a knowledgeable attorney, the attorney would have known to request that the passports be returned to the court immediately upon mother’s return, which would have prevented her from fleeing with the children. In addition, a knowledgeable attorney would have assisted father in properly obtaining the children from Japan so as to not get arrested.

Wallin & Klarich has more than 30 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 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.

With so many husbands and fathers staying home nowadays there have been increases in requests for spousal support by husbands/fathers in family courts. Many fathers/husbands who were the primary income earners in the past now find themselves at home caring for the children and becoming homemakers. In today’s economy and the recession amongst us, it is not unusual to find male spouses in the role of homemaker and stay at home dad.

Evidence of this isn’t just among your everyday population, it has become an increasing fad in celebrity households with the new reality show House Husbands of Hollywood. These husbands/fathers are now taking care of the homes and rearing the children while their wives go to work and bring home the bacon. Domestic families have certainly come along way since the days of the ’60s and ’70s when Men dominated the work force.

If you are in this position and find yourself in need of spousal support, do not hesitate to call the experienced California spousal support attorneys at the Law offices of Wallin & Klarich. You need the best representation when it comes to you asserting your rights to receive spousal support, particularly when you have supported your spouse in furthering their educational goals and careers.

The Law firm of Wallin & Klarich will competently and zealously represent you in all aspects of Family Law and Divorce. 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.