CA Child Support

A 730 evaluation is designed to assist the parties and the court in making a determination of children custody arrangements that is in the children’s best interests.

Once a 730 evaluator is selected, a lengthy and time consuming process will begin. Although some evaluators spend more time on their evaluations than others, a 730 evaluation usually entails a very thorough lengthy process.

The parents will complete a parenting and custody questionnaire including background information about the parenting of the children, their caretaking, the previous living situation and the current living situation.

The parents are commonly asked to complete a timeline of the relationship with the other parent from the time they met to present. The timeline is to include dates of any thing that happened that have become allegations against or by you.

Both parents will be asked to prepare a proposed timeshare schedule of what they would like the custody and visitation arrangement to be.

Both parents will define issues that they believe the evaluator should investigate and assess during the evaluation. This gives the evaluator direction as to the concerns and problem areas that are most important.

If child abuse or neglect is involved, the parties will need to include any and all child abuse reports and police reports involving all members of the family.

After each party completes the forms and questionnaires for the evaluator, the evaluator will allow each parent to review the other parent’s questionnaires and documentation and allow time to provide responses to their statements.

After all questionnaires and documents are provided to the evaluator, the evaluator will typically interview each parent, stepparents, significant others, and observation of each parent with each child. The evaluator will also do a home interview at each of the parent’s home with the children present. Some evaluator will ask the parents to perform a task together or to discuss a certain topic with the child so they can examine how the parent and child interact with each other. Sometimes the evaluator will interview other involved parties such as the parties’ parents when they live with their parents (the children’s grandparents) or doctors that may be involved.

The evaluator will conduct psychological testing on all adults involved in the evaluation. Some of the psychological testing includes a mental status checklist for parents and children, a personal history checklist for the parents, a developmental history checklist for children, and a psychological and social history questionnaire.

Both parents will also be able to present any supporting documentation they may have that supports their claims or allegations that they would like the evaluator to consider.

After the evaluation is complete the evaluator will put together a very detailed report including the results of all psychological testing, their assessment, the evaluations and interviews conducted, and made recommendations to the court as to what is in the child’s best interest.

A skilled Southern California family law attorney at Wallin & Klarich can help you through the 730 evaluation process. 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.

Recently after filing for divorce in April 2010, Larry King and his wife, Shawn Southwick-King, have stopped their divorce proceedings. According to TVGuide.com, both filed for dismissal of their divorce in a Los Angeles court. King originally submitted the divorce papers and was planning to seek joint custody of the couple’s two sons. However, the couple began reconciling in May and decided to not divorce. King also recently announced his retirement from his CNN show of 25 years to be with his family.

If you have filed for divorce and would like to stop the divorce proceedings, you must begin with filing out a Request for Dismissal form. However, this form can only be submitted if you were the one who originally filed for the divorce. If your spouse filed the divorce papers, then he/she has to submit the form. Be aware that after you or your spouse submit this form, if you change your mind and want to proceed with the divorce, you must start from the beginning and pay all filing fees again.

Our San Diego Family Law attorneys at Wallin and Klarich are here to help you if you are going through a divorce or if you would like to stop your divorce proceedings. We understand the law and will help make the process go as smoothly as possible. Contact us today at www.wkfamilylaw.com or 888-749-0034.

Mel Gibson and his now infamous comments recorded by his ex-girlfriend Oksana Grigorieva may have a detrimental impact in a family law court if a child custody dispute arises. In the conversation, Grigorieva states that Gibson punched her resulting in a loss of teeth. Gibson allegedly responded by saying she “deserved it.”

Many spouses attempt to set up their former spouses to gain an advantage in a child custody dispute. In a child custody dispute, the court can determine the parents’ custody and visitation rights. The court will base its decision on what is in the best interest of the child. Committing domestic violence is detrimental to the child’s best interest. The court will not look favorably to a parent who commits domestic violence. The court can use any evidence of domestic violence occurring in making their decision.

Under California Family Code Section 3044, if the court finds that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child within the previous five years, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child. Based upon this section, Mel Gibson could be denied of having physical custody of his daughter.

If you or a loved one is involved in a child custody dispute, it is important that you speak with an experienced child custody attorney. At Wallin & Klarich, our Southern California child custody attorneys have over 30 years of experience in handling child custody cases. We will aggressively fight to get the best result for you and your child. Call us today at (888) 280-6839.

In the state of California, many factors can be considered when the courts are determining who should be awarded custody of a child in a contested child custody case. The court’s goal is to protect the child and define what is in the best interest of the child. Under California Family Code Section 3011, in making a determination of the best interest of the child, the court shall consider all of the following:

a) The health, safety, and welfare of the child
b) Any history of abuse by one parent or any other person seeking custody
c) The nature and amount of contact with both parents
d) The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent

The court shall also consider any other factor that the court deems relevant. Every factor must be based on the question, “What is in the best interest of the child?” Anything that revolves around anything other than that question will not be considered. It is easy to forget that the child’s interest is at issue when two adversarial parties are in a heated case.

There are more factors that the courts can determine are relevant in addition to those listed above. If you or a loved one is currently involved in a child custody case where any of the above factors may play a role in determining the outcome of your case, it is vital to contact an experienced San Diego Family Law attorney as soon as possible. A skilled and knowledgeable California Family Law attorney can review and investigate the facts of your case and determine the best legal options to ensure a positive outcome to your case. At Wallin and Klarich, we can provide you with a San Diego Family Law attorney who will be by your side and help you through your child custody case.

It was recently reported by TMZ that Jesse James’ ex-wife, Janine Lindemulder, is tasking the judge to hold James in contempt for refusing to allow her to see their six year old daughter in a court ordered visitation. James allegedly refused to follow the order because he believes that Janine is a drug addict and their daughter would be at risk. Lindmulder responded by stating that she would submit to a drug test.

It is the stated policy of California under California Family Code (CFC), Sections 3020-3032 and 3080-3089, to assure that the health, safety, and welfare of any involved children will be the court’s primary concern when making any orders regarding the physical or legal custody, or visitation of children. Therefore, the court attempts to make sure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship.

Under CFC Section 3080, parents are encouraged to share the rights and responsibilities of child rearing, predominantly through joint custody, in order to ensure the health, safety and welfare of any involved children. However, where the contact between a parent and a child would not be in the best interest of the child – such as in cases of abuse, neglect, or crime – other custodial arrangements will be made.

The best possible child custody arrangement is essential to the well being of your children. It is therefore necessary that you retain our experienced legal representation as soon as you can. The child custody attorneys at Wallin & Klarich have been handling custody arrangements 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) 749-7428 and visit us on our website at www.wkfamilylaw.com to speak with one of our attorneys regarding your case. We will be here when you call.

TMZ recently reported that porn star Devon James, a.k.a. Melinda Jannette, has filed a paternity action against Tiger Woods. The alleged mistress filed in Manatee County, Florida, asking a judge to determine the paternity of Austin Brinling, her 9-year-old son. According to documents attached to the petition and obtained by TMZ, the legal action is designed to “establish paternity, parental responsibility, time-sharing, and/or child support of a minor child or children.” James’ mother currently has custody of the boy and claims a DNA test was performed in 2002 that showed another man was the child’s father; however, James wants to force Tiger to submit to DNA testing.

Not only is knowledge of a child’s paternity vital for medical history reasons, but is also important for a child’s wellbeing and development. It is the goal of California to enable all children to have the same rights as children of married couples including child support awards and access to benefits such as social security, health insurance, survivors’ benefits, military benefits, and inheritance rights.

Under CFC Section 7611, a man is presumed to be the father of a child if he and the child’s mother were married and the child was born either during marriage or within 300 days after the marriage was terminated. If the mother and father were not married when the child was born, then the law only recognizes the father if paternity is legally established by a paternity test or by a Voluntary Declaration of Paternity in which both parents sign a declaration attesting to the child’s paternity.

Under California Family Code (CFC) Section 7551, in any civil action or proceeding in which paternity is a relevant fact, such as child support or paternity suits, the court may order the mother, child, and alleged father to submit to genetic tests. If a party refuses to submit to the tests, the court may resolve the question of paternity against that party or enforce its order.

If you are involved in a paternity suit, you should seek the assistance of an experience family law attorney. The family law attorneys at Wallin & Klarich have been handling cases like yours 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.wkfamilylaw.com to speak with one of our attorneys regarding your case. We will be here when you call.

It was recently reported by ABC News that Bruce Beresford-Redman left Mexico without the Mexican authorities’ knowledge or consent. While Bruce and his wife, Monica, were on vacation in Cancun, his wife was murdered. He has yet to be charged with any crimes, but Mexican authorities have named Bruce as a person of interest in his wife’s death. There is also a separate California child custody case to decide who will get ultimate custody of Bruce and Monica’s children.

It is the stated policy of California under California Family Code (CFC), Sections 3020-3032 and 3080-3089, to assure that the health, safety, and welfare of any involved children will be the court’s primary concern when making any orders regarding the physical or legal custody, or visitation of children. Therefore, the court attempts to make sure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship.

Under CFC Section 3080, parents are encouraged to share the rights and responsibilities of child rearing, predominantly through joint custody, in order to ensure the health, safety and welfare of any involved children. However, where the contact between a parent and a child would not be in the best interest of the child – such as in cases of abuse, neglect, or crime – other custodial arrangements will be made.

The best possible child custody arrangement is essential to the well-being of your children. It is therefore necessary that you retain our experienced Southern California child custody lawyer as soon as you can. The child custody attorneys at Wallin & Klarich have been handling custody arrangements 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.

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.

All property acquired during marriage and before separation, with some exceptions, is presumptively community property.

Community property does not include everything acquired during marriage. For example, a mere expectancy cannot be considered a property interest. There also cannot be a community interest in any right that is not capable of being transferred, for example a professional reputation.

A professional education obtained during marriage, even if it is paid with community funds, is not community property, and is therefore not valuable at the division of assets. One spouse does not acquire an interest in the other spouses education and the proceeds by contributing to the education. A professional education is technically only the professional persons enhanced earning capacity. There however, may be a right to reimbursement at the time of dissolution for contributions to the other party’s education to the extent that it enhanced the earning capacity. Therefore, it is important that any person involved in a dissolution of marriage seek the legal advice of a family law attorney.

Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience in divorce cases, 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 divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

News 5 WLWT reported on the divorce papers filed this month by David Tehan in Xenia, Ohio. Tehan is the current husband of Tiffany Tehan. Tiffany Tehan was recently in the news for her disappearance in April of this year. Tiffany Tehan and her boyfriend, Tre Hutcherson, ran away to Florida on April 17, 2010. Hutcherson and Tehan left her vehicle at a parking lot with slashed tires which led to police to assume she had been abducted after her husband reported her missing. Both Hutcherson and Tehan were located five days later in Miami Beach, Florida. David Tehan began the divorce proceedings by filing for legal separation from Tiffany and he is also seeking sole custody of the couple’s 1 year-old daughter.

In the case above, a legal separation was initially filed in preparation for the divorce proceedings. This is sometimes an option in the state of California if for example you are not a resident of the state. In the state of California in order to qualify for a divorce, you must have resided in the state for a total of six months. However, you can qualify to file for a legal separation no matter how long you have lived in the state.

If you or a loved one is planning to file for a divorce or is currently going through a divorce, contact our knowledgeable San Diego Family Law attorneys at Wallin and Klarich. Our San Diego Family Law attorneys can offer you their expertise on family law as related to your divorce case including issues like child custody, child support, or spousal support. Our San Diego Family Law attorneys understand the complexities of a divorce case and will work to help you through the process. Contact us today.