Family Law

The Associated Press recently reported that Dr. Conrad Murray, a doctor charged in the death of Michael Jackson, lost his bid to resolve a child support issue threatening his Nevada medical license. Murray requested relief from paying about $16,000 in back child support payments to the mother of his 12 year old son. Murray could face suspension of his medical license as early as August, depending on the hearing master’s recommendation and possible appeals.

Under the child support laws in the California Family Code (CFC) Section 4050-4076, the interests of any child involved are the state’s top priority. Accordingly, a parent’s first and principal obligation is to support any minor children according to the parent’s circumstances and station in life. Both parents are mutually responsible for the support of their children. The court will therefore take into account each parent’s actual income and level of responsibility for each child. Cost of living, as well as the standard of living, in California is high compared to other states. Therefore, children must receive fair, timely, and sufficient support reflecting these realities of living in California.

The statewide uniform guideline for determining child support payment orders is generally calculated with respect to the amount of both parents’ income to be allocated for child support, any disposable income, physical custody of each child, and parties’ gross income. A more thorough equation can be found under CFC Section 4055.

Child support is essential to the health and safety of your children. It is therefore necessary to retain our experienced legal representation as soon as you can. The child support attorneys at Wallin & Klarich have been handling divorce proceedings for more than 30 years. Our Southern California attorneys will conduct a thorough review of the details of your case, and will advocate on your behalf to get you and your family the best possible outcome. Call Wallin & Klarich today at (888) —— and visit us on our website at www.wklaw.com to speak with one of our attorneys regarding your case. We will be here when you call.

It was recently reported in Examiner.com that actress Emma Caulfield is seeking a divorce from long time husband Cornelius Grobbelaar. Caulfield wants a divorce after the couple was married for almost four years. Caulfield began the divorce process by filing necessary divorce documents in the Los Angeles Superior Court citing “irreconcilable differences.”

Under California Family Code section 2330, it defines the process of seeking dissolution of marriage. Like what Caulfield did, seeking dissolution requires her to first file a petition for dissolution of marriage. More importantly, under California Family Code section 2310, there are only two grounds that allow for dissolution of dissolution of a marriage which are irreconcilable differences, which have caused the irremediable breakdown of the marriage or incurable insanity.

If you or a loved one is seeking to get divorced, it is important that you speak with an experienced Southern California family attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of dissolution and legal separation cases. Our attorneys will fully inform you of any custody, visitation, or spousal support implications as they navigate through the complexities of divorce laws and the family court system for you. Call us today at (888) 280-6839 or visit us at www.wklaw.com. We will be there when you call.

Are you thinking about getting married but are having second thoughts after seeing so many of your friends and family go through horrible divorce proceedings? If so, you are not alone. Most people know or have heard of people who have lost half or more of their fortune as a result of a divorce. The reason for this is California’s community property laws, which state that whatever is acquired during a marriage is considered half the husband’s and half the wife’s. This includes income earned or property acquired during the marriage, even if one party earns all of the income for the family.

You can protect yourself from these laws by entering into a prenuptial agreement (sometimes referred to as a premarital agreement). A prenuptial will allow you to keep your assets separate during the marriage and if you should get a divorce, you will not have to fork over half or more of your assets.

There are strict guidelines for prenuptial agreements that must be followed in order for the agreement to be valid. Therefore, it is important to have a skilled and knowledgeable attorney draft the agreement and walk you through the process. For over 30 years, Wallin & Klarich has been successful in its divorce and family law matters. Our attorneys can help you draft your prenuptial agreement or and advise you on any other legal issues you may have. Contact our Southern California family law firm today by calling 888-749-7428 or visit us on our website at www.wkfamilylaw.com. We will be there when you call.

If you have been incarcerated and the Social Services Agency has taken custody of your children, you must know that the juvenile court cannot deny reunification services with your children simply because you were incarcerated in a penal institution. Instead, the court must set up a three-step reunification scheme that provides social services and visitation rights to incarcerated parents. If after 12 months of services, the court finds that no evidence suggests that the children will be returned to their parents’ care before the 18-month deadline, it will set a permanency hearing for the purpose of finding a suitable permanent home for your children.

Thus, you must act promptly by letting the court know that you will be getting out of jail, and that you are willing and ready to take physical custody of your children. However, people who are released from jail are facing many challenges and find it increasingly difficult to show that they are making progress in their reunification services within the time frame set by the court. To warrant extension of the time a child must wait for stability and permanency beyond 6-month or 12-month court dates, there must exist more than just mere hope that additional services will facilitate reunification. For that to happen, you will need to show that your children could be returned to your care if the court grants additional 6 months of services.

It is essential to contact an experienced dependency law attorney who can provide clarity and quality representation in your family law matter. Wallin & Klarich offers an AV rated representation to parents in both dependency and delinquency matters. Call today at 888-749-7428 to speak to one of our thoughtful and experienced West Covina family law attorneys at Wallin & Klarich. You can also visit us at www.wklaw.com. We will be there when you call.

Domestic violence is an unfortunate problem many people face in their lives. Victims of domestic violence are often forced to endure physical and emotional abuse. A troubling aspect of domestic violence is that it usually originates from someone who the victim knows well, and often times from someone the victim is in love with.

Despite any feelings of love, people often turn to the courts for help and protection. California courts allow victims of domestic violence to petition for a protective order. A domestic violence protective order may be obtained by a spouse, former spouse, cohabitant, former cohabitant, those in a past or current dating relationship, and those related by marriage.

A California domestic violence restraining order will guard the protected person from harassment and physical violence. Additionally, the domestic violence restraining order will order the abusive party to stay away from the protected party. If you are the victim of domestic violence, it is imperative that you obtain a restraining order to protect you and your loved ones.

In order to make sure that your rights are accurately and aggressively protected after a domestic violence incident in Southern California, you should contact the experienced Southern California law firm of Wallin & Klarich. Our restraining order attorneys have been helping individuals for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-749-7428 or visit www.wklaw.com to find out more about how we can help. 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.