2010 March Archive

It was recently reported that Oscar-winning actress Sandra Bullock moved out of the home she shared with her husband, Jesse James, and his three children from previous relationships following allegations that James had an affair. The pair married in 2005. Since the news broke, the media have speculated on possible separation or divorce. If the couple decide to divorce, they should hire an experienced divorce lawyer who is familiar with California divorce law and can inform them of their divorce rights.

Bullock has been the star of blockbuster Hollywood films since the early 1990s, becoming one of Hollywood’s best-paid actresses. Just recently, she won a Best Actress Oscar for the film The Blind Side at the Academy Awards. Over the years, she has made several million-dollar donations to the American Red Cross for various charity relief efforts. James, a former bodyguard and mechanic, has hosted several television shows since the early 2000s and is the owner of several businesses, including the successful West Coast Choppers motorcycle brand. It is not known if they signed a prenuptial agreement prior to their marriage.

Both parties have not spoken about separation or divorce regarding these recent developments. The state of California has very specific divorce laws that are unique to the state. Marriage can be dissolved for two reasons: irreconcilable differences and incurable insanity. The latter is rarely used. Assets in a California divorce are separated as “community property,” property acquired during marriage to be split between the two parties, and “separate property,” property acquired before marriage to be retained by the owning party. Also, a judgment for spousal support (the term for alimony in California) is often permanent if the two parties were married for ten years or more.

At Wallin & Klarich, we’ve seen just how stressful legal matters can be for our clients and their loved ones. If you or someone you love is facing divorce or family law matters in Southern California, Wallin & Klarich will be there for you. The attorneys at Wallin & Klarich have over 30 years of experience in divorce matters and are very knowledgeable about California family law. Call 1-888-749-7428 or visit www.wkfamilylaw.com for a case evaluation. We will be there when you call.

Recently, a California court has ruled that the visitation order providing for monitored visits with the parents, but leaving the frequency, duration, and location of the visits within the legal guardian’s sole discretion is an abuse of discretion and improper delegation of the judicial function to the legal guardian. (In re Rebecca S., Feb. 8, 2010, No. B216227.)

In In re Rebecca S, the father unsuccessfully sought to reestablish his relationship with his children. While he was incarcerated, his children came to the attention of the Department of Children and Family Services (“DCFS”) based on their living situation with their mother and stepfather. The children were declared dependents of the court under Welfare and Institutions Code sections 300, subdivisions (a) and (b), and two years later the court named their maternal aunt the children’s legal guardian pursuant to section 366.26, and terminated jurisdiction.

In its California visitation order, the juvenile court provided for monitored visits with the parents, but let the guardian decide the frequency, duration, and location of the visits for the children’s parents. The father contended that the court improperly delegated discretion to the legal guardian in its visitation order, and the Court of Appeals agreed with the father.

The court has determined that pursuant to Welfare and Institutions Code section 366.26, the juvenile court could leave the time, place, and manner of visitation to the guardian’s discretion. However, the juvenile court abused its discretion by delegating the ability to determine frequency and duration of the father’s visits with his children to their legal guardian, even if father waived the issue by failing to raise it in the juvenile court.

If you or a loved one has a custodial issue, it is important that you contact an experienced family law attorney in Southern California. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of family law matters. The vast resources at Wallin & Klarich allow our attorneys to offer outstanding representation to our clients. Our attorneys will aggressively fight for your rights. Call us today at (888) 749-7428 or visit us on our website at http://www.wkfamilylaw.com. We will be there when you call.

The divorce of Los Angeles Dodgers owner Frank McCourt and his wife Jamie could be one of the most expensive in California history. It is estimated that the McCourts have accumulated a total of $19 million in legal fees. One reason for the high cost of legal fees has been attributed to the fact that each of the McCourts hired multiple law firms to represent them.

Even among high profile divorce cases, the McCourts’ divorce fees are seen as extremely high. Jamie McCourt’s attorney, Dennis Wasser, has stated that part of the reason for the high fees is due to the complexity of the case and the large amount of documents the attorneys have to review. In addition, accounting firms have also been hired to sort through their finances. If the McCourts proceed to trial rather than reach a settlement, it can be expected that their legal fees will continue to grow.

Other high-profile celebrities have paid between $835,000 and $4 million in legal fees for their divorce. In Los Angeles County, a “simple” divorce costs an average of $10,000, with attorneys generally charging between $250 and $750 per hour. However, Wallin & Klarich has a sliding fee schedule and can make retaining a highly experienced Los Angeles family law firm to help you affordable.

At Wallin & Klarich, we’ve seen just how stressful legal matters can be for our clients and their loved ones. If you or someone you love is facing divorce or family law matters in Southern California, call Wallin & Klarich today for an evaluation of your case. Call 1-888-749-7428 or visit www.wkfamilylaw.com to get in contact with an attorney today. We will be there when you call.

Going through a divorce, child custody proceeding, or both can be one of the most stressful and emotional events in an individual’s lifetime. Although the parties’ finances are addressed, the parties often fail to realize the different tax effects that a family law case creates. With tax season upon us, it is critical that you consider or reevaluate the various taxes and deductions available.

Under Internal Revenue Code Section 71, California payments for spousal support or alimony are tax deductible to the party paying the support, and the payments are taxable to the party receiving the support. However, in order to claim spousal support or alimony as a deduction on your income taxes, a number of requirements must be met.

For example, it is required that the payments be received under a divorce or separation instrument, including a judgment, written separation agreement, or order requiring support payments (such as a temporary order). Even upon a final judgment, a deduction for the spousal support or alimony payments will not be allowed if the parties are still living in the same home. Finally, the payments cannot be “child support,” which is generally non-deductible to the party making payments.

A family law matter can be very emotional, and adding tax implications further complicates matters. Let an experienced Riverside County family law attorney review your case and reassure you that you are receiving the best tax benefits available to you. The law firm of Wallin and Klarich is prepared to answer your family law questions and is immediately available to assist you with your case. Contact us today at 888-749-7428 or visit our website at www.wkfamilylaw.com for additional information. We will be there when you call.

It was recently reported that Tawanna Iverson, the wife of former NBA All-Star Allen Iverson, has filed for divorce after 8 1/2 years of marriage, stating the union is “irretrievably broken.” She is asking for child support, alimony, and full custody of their four children, aged from 1 1/2 to 15 years. She filed for divorce in Fulton County Superior Court, located in the state of Georgia.

Allen Iverson’s divorce can be very costly. It is not known whether the two had a prenuptial agreement prior to their marriage. Iverson earned over $200 million over his 14-year career, mainly from three major playing contracts he signed with the Philadelphia 76ers and a shoe endorsement contract he signed with Reebok.

In the state of California, marriage can be dissolved for two reasons: irreconcilable differences and incurable insanity. The latter is rarely used.

California law classifies assets in a divorce as community property or separate property. Community property is defined in California as “all property that you and your spouse acquired through labor or skill during the marriage.” Separate property is defined as, “property acquired before your marriage, including rents or profits received from these items; property received after the date of your separation with your separate earnings; inheritances that were received either before or during the marriage; and gifts to you alone, not you and your spouse.” Community property is divided between parties in divorce while separate property is not.

In the state of California, a judgment for spousal support (the term for alimony in California) is permanent if the two parties were married for ten years or more.

At Wallin & Klarich, we’ve seen just how stressful legal matters can be for our clients and their loved ones. If you or someone you love is facing divorce or family law matters in Southern California, Wallin & Klarich will be there for you. The skilled Tustin family law attorneys at Wallin & Klarich have over 30 years of experience in divorce matters and are very knowledgeable about California family law. Call 1-888-749-7428 or visit www.wklaw.com for a case evaluation. We will be there when you call.

A recent court filing revealed that Jamie McCourt, wife of Frank McCourt, is seeking $998,945 per month in temporary spousal support in California while their marriage separation continues. Jamie McCourt’s lawyers claim that although this is a large sum, it would still leave Frank McCourt with about $1.3 million each month. Her lawyers argue that Frank McCourt is underestimating his net worth by manipulating his balance sheets.

The issue that most have taken interest in, however, is the question over who owns the Los Angeles Dodgers. Frank McCourt maintains he is the sole owner of the Los Angeles Dodgers. Conversely, Jamie McCourt continues to argue that they are both co-owners of the team. Who the actual owner of the Los Angeles Dodgers is set to be determined at a trial scheduled for May 24, 2010.

If you are thinking of filing divorce or you have a similar issue, it is important that you speak with an experienced Los Angeles family divorce law attorney. Wallin & Klarich has been in the business of vigorously representing clients with their family law matters for over 30 years throughout Southern California and would like to help you with yours! Our attorneys are experienced and knowledgeable and will provide you with the quality representation you deserve. Call us today at (888) 749-7428 or visit us on our website at www.wkfamilylaw.com. We will be there when you call.

In In Re Marriage of MacManus, the appellate court held that the trial court properly considered the ex-spouse’s history of domestic violence in retroactively reallocating child support to spousal support.

When making an award for permanent spousal support, the trial court is required to consider and weigh the factors listed in section 4320 of the Family Code to the extent that they are related to the case. Temporary spousal support on the other hand is subject to the trial court’s broad discretion and the trial court may order any amount based on the party’s need and the other party’s ability to pay. Section 4320 directs the trial court to consider a history of domestic violence between the parties, including consideration of emotional distress resulting from domestic violence against the supported party by the supporting party where there is documented evidence of a history of domestic violence. This section also creates a rebuttable presumption against awarding support to an abusive spouse. The code further states that the criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award.

Here, the ex-spouse was incarcerated for domestic violence. After his release, the court sought to divide a trust account balance between the parties. $20,000 of the account had been set aside and distributed as child support. The court then reallocated the $20,000 amount to past spousal support. The appellate court found that the trial court properly considered the history of domestic violence as it resulted in the wife’s need and ex-spouse’s ability to pay. As a result, the wife was awarded the $20,000 as spousal support, therefore making ex-spouse responsible for monthly child support, in addition to the $20,000 for spousal support.

There are many factors that the court considers when awarding spousal supporting including any domestic violence. Therefore, it is important to retain the services of a knowledgeable Los Angeles spousal support family law attorney to advise you of the law and protect your interests. Wallin & Klarich has more than 30 years of experience in family law. If you are thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation or visit us on our website at www.wkfamily.com. We will be there when you call.

Many people find themselves unhappy in their current locale when going through a divorce. Some people just need a change of scenery. Some people get a job in a new location. Others move closer to other family members. All these people end up asking the same question: “Can I move my court case from one county to another county?” Changing your court case from one location to another (whether between counties or within one county) is called a change of venue.

In order to change venue, you need to first file a motion to change venue. A motion to change venue should be filed, preferably, before a response to the dissolution petition is filed. Otherwise, the motion should be filed as early as possible. The later the motion is filed and the longer a case has been going on, the harder it will be to convince a judge to allow the change in venue.

When hearing a motion to change venue, a judge will consider several factors, including: where the witnesses and other evidence is, where the parties and children live, and the general convenience of moving the case somewhere else versus keeping it where it is. The motion to change venue is filed in the court that has the case, not in the court where you want the case to be moved to.

Wallin & Klarich is experienced in filing and opposing motions to change venue. We have attorneys throughout Southern California, and our attorneys work together when changing venue so that when one lawyer passes a case from one county to another, the transition is smooth. In other words, if your case is now in Orange County and you want to move it to Ventura County, you can hire Wallin & Klarich to handle the case in both counties. One lawyer will file the motion in Orange County, and when the motion is granted, our family lawyer in Ventura County will handle the case from there. This is helpful for you because it means you only need one firm to handle the case, and you will always be with a lawyer who is familiar with the court.

If you are considering changing the venue of your family law case or have any other family law matters, it is important that you speak with an experience family law attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in dealing with family law matters. Our attorneys will give you the quality representation you deserve and fight to get you the best possible result in your case. We will help you resolve your matter in the smoothest and best way possible. Call us today at (888) 749-7428 or visit us on our website at www.wkfamilylaw.com. We will be there when you call.

Having the right attorney is essential to getting the best possible result in your case. The right attorney should be knowledgeable and experienced in the area of law they practice. The attorney must be reasonably priced and fight to get attorney’s fees when possible.

Family Code Section 2030 (a) provides that any award of attorney’s fees or costs in a marital action must be based on:

1. A determination of ability to pay, and;
2. Consideration of the parties’ respective incomes and needs in order to ensure that each party’s access to legal representation to preserve all of his or her rights.

Awards of attorney fees and costs under the Family Code may be made at any time “during the pendency” of any marital action. The awards may be made for services rendered and costs incurred before, as well as after, commencement of the proceeding.

It is important to contact an experienced Southern California family law divorce attorney to represent your interests and your rights in a marital dissolution especially when it comes to attorney’s fees. At Wallin and Klarich, our Southern California family law attorneys have successfully represented many clients in this situation. Our knowledgeable family law attorneys will work to ensure that your case is done properly and professionally and seek an award of attorney’s fees on your behalf if appropriate. Contact us as soon as possible via phone at 1-888-749-7428 or visit our website at www.wkfamilylaw.com.

The monetary damages (or awards of other property) as a result of a personal injury settlement and or disposition a spouse receives during a divorce may or may not be characterized as community property. The classification of community property depends on when the cause of action arose, not when the proceeds were received.

If the cause of action in the personal injury case arose during marriage, and before separation, the proceeds are characterized as community property. Otherwise, it is the separate property of the injured spouse under California Family Code 760 and 761.

However, personal injury damages that are community property are typically assigned to the injured party unless the court takes several other factors into account. In these cases, they are subject to special rules and circumstances. Such factors include the needs of each party, economic conditions, and costs incurred by the non-injured spouse in caring for the injured spouse. The court will award at least one-half of the damages to the injured spouse when the damages are characterized as community property under California Family Code 760 and 761.

At Wallin & Klarich, we’ve seen just how stressful divorces can be for our clients and their loved ones. If you or a loved one is going through a divorce or any other family law matter in Southern California, call Wallin & Klarich today for an evaluation of your case. Wallin & Klarich has over 30 years of experience successfully representing clients in divorce cases. Call us at 888-749-7428 or fill out our consultation form online at www.wklaw.com for a free evaluation of your case. We will be there when you call.