Paternity

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.

An Ontario woman has made headlines recently after claiming that her four children were sired by actor Keanu Reeves. The 46 year old woman sued the actor, claiming that he owed her child support for her 4 children, all of whom are in their 20s. The woman claimed that she and Reeves were childhood friends, meanwhile Reeves denies even knowing who the woman is.

Reeves attorneys have advised him to take a DNA Paternity test to put any rumors or doubt over whether he is the father of the children to rest. In her suit against Reeves, the Ontario woman has asked for $3 million per month in spousal support (retroactive from November 2006) and $150,000 per month in child support (retroactive from June 1988). That adds up to about $140 million.

DNA Paternity tests are laboratory tests that examine the genetic material that a child inherited from his or her biological parents. The DNA test will compare the material and calculate the probability that a certain man fathered a certain child. DNA testing is believed to establish a father’s paternity with over 99 % accuracy and has been a major breakthrough in establishing paternity. They are used to not only establish paternity, but also to challenge paternity, as they will be used in this instance with Mr. Reeves.

If you are seeking to establish paternity or challenge paternity tests, please call an experienced Los Angeles family law 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 for a case evaluation at 1-888-749-7428.

Source:http://www.worstpreviews.com/headline.php?id=14951&count=0

A recent latimes.com article explains that the company Genelex is offering a 10% discount on its home DNA tests, including California paternity tests. The discount coincided with Father’s Day.

The home paternity test compares the DNA of a father and a child and retails for $400. If there is a question as to who the father of a child is, a second man can be added to the test for $200. While the tests are not admissible in court, the company does offer court admissible tests for additional cost.

The Genelex website indicates that the legally admissible version of their DNA test is useful for all legal purposes including child custody and support, social security, insurance, military, adoption, inheritance, tribal and immigration rights and benefits. The test includes notarized legal document issued according to AABB Parentage Testing Committee accreditation standards and including full disclosure of test results.

With so many children being born out of wedlock in today’s society, it is no wonder that a service like this exists. California paternity tests can be powerful tools in an individual’s efforts to establish parentage and secure child support or child custody. Paternity may become a contentious matter that goes to court when a couple does not agree on who the father of their child is.

While services like this can be useful in helping to establish paternity, they are only a small part of the puzzle. A qualified, experienced California paternity attorney can help put all of the pieces of the puzzle together, insuring the best possible result for you and your growing family.

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 888-749-7428 for a case evaluation.

Recent world news headlines regarding a high profile politician have many people discussing paternity claims lately. The President of Paraguay, Fernando Lugo, is facing a political crisis as several women have stepped forward in recent weeks claiming that he sired their children. What makes the claims all the more shocking is that Lugo was a Roman Catholic bishop at the time of conception.

From a recent article on guardian.co.uk:
“The story broke two weeks ago when lawyers for Viviana Carrillo, 26, filed a paternity suit. On Monday lawyers for a second woman, Benigna Leguizamon, a 26-year-old soap seller, said Lugo was the father of her six-year-old boy, and on Wednesday Damiana Moran, a 39-year-old divorcee, said Lugo was the father of her 16-month-old son, Juan Pablo, named after the late pope.”

The paternity attorney representing Carrillo is asking for a DNA test to establish parentage. It is unclear at this point as to what type of child support she will be seeking.

DNA tests are an accepted scientific method of determining paternity. These laboratory tests examine the genetic material that a child inherited from his or her biological parents. The DNA test will compare the material and calculate the probability that a certain man fathered a certain child. DNA testing is believed to establish a father’s paternity with over 99 % accuracy and has been a major breakthrough in establishing paternity.

While not all of us have the bright light of the world media following our family law issues, establishing or challenging parentage is still of vital importance to the life of the would-be father and the child in question. The stakes are at their highest, especially when you consider that paternity governs such important matters as rights to visitation and child support. If you are seeking to establish paternity or challenge paternity tests, please call 888-749-7428 for a case evaluation with an experienced Southern California paternity attorney at Wallin & Klarich.

As reported in an article, the Office of Child Support Enforcement (OCSE) has a program called the “Federal Parent Locator Service”. The service was established in 1975 under Title IV-D of the Social Security Act and is meant to work as an assembly of systems operated by the OCSE. It is also intended to assist States in locating noncustodial parents, putative fathers, and custodial parties for the establishment of paternity and child support obligations, as well as the enforcement and modification of orders for child support, custody and visitation. The FPLS also assists Federal and State agencies identify over-payments, fraud, and assists with assessing benefits. Among the many federal and state agencies, directories and programs that are included in the Federal Parent Locator Service, are:

• Internal Revenue Service (IRS)
• Social Security Administration (SSA),
• Veterans Affairs (VA),
• The Department of Defense (DoD),
• National Security Agency (NSA),
• Federal Bureau of Investigation (FBI).
• The National Directory of New Hires (NDNH): a central repository of employment, unemployment insurance, and wage data from State Directories of New Hires, State Workforce Agencies, and Federal agencies.
• The Federal Case Registry (FCR): a national database that contains information on individuals in child support cases and child support orders.
• The Federal Offset Program (FOP): a program that collects past-due child support payments from the tax refund of parents who have been ordered to pay child support.
• The Passport Denial Program (PPD): a program that works with the Secretary of State in denying passports of any person certified owing child support debt greater than $2,500.

In the United States today, nearly one-third of all children are growing up in single-parent homes. Of all the families owed child support, only half receive the full amount due, and a quarter receives nothing at all. Programs like the Federal Parent Locator Service are valuable assets in assuring that all children have the support of both their mothers and fathers.

The obligation of child support is one that our government takes very seriously. If you or someone you know owes child support debt or arrears, or is owed this money, contacting a skilled Orange County family law attorney at Wallin & Klarich can help get you on the path towards collecting or paying the monies owed. Our attorneys can help those who have arrears protect things like their credit, driver’s license, and tax refunds. If you are owed monies, our child support attorneys can use our extensive resources to help enforce child support decisions. Don’t let child support debt ruin your future and your peace of mind. Call us today to discuss your case.

A recent article on CNN.COM discusses out-of-wedlock births in the U.S., which according to the report, is at a record high. Nearly 40 percent of babies born in the United States in 2007 were delivered by unwed mothers, according to data released last month by the National Center for Health Statistics. The 1.7 million out-of-wedlock births, of 4.3 million total births, marked more than 25 percent from five years before.

The article goes on to explain that at the heart of this trend may be a shift in the negative stigma attached with unwed mothers giving birth, which coupled with cultural differences, may result in more and more mother’s choosing to have children before they get married. When you add in a struggling economy, and the prohibitive costs of a large wedding, it is no wonder that many couples choose to spend their money elsewhere.

“Do we want to spend that money on a wedding or a house? … I guess it’s about priorities. I was never one of those girls that dreamed about the wedding dress,” LaShanda Henry, 28 was quoted as saying.

An important result of this recent spike in out-of-wedlock births that the article does not touch on is the issue of paternity, establishing paternity and child support obligations.  Paternity is the legal identification of the father of a child. Paternity in California is always at issue when the parents of a child are not married.

Even if one party admits that they are the father of the child and they are listed on the birth certificate, legal paternity must still be addressed by the court if the parents are not married. 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 involved in a situation where the paternity of your child is in question, or you are seeking the financial support that your child requires and deserves, the experienced California family law attorneys at Wallin & Klarich can help. The laws that apply to paternity testing are complex. We can help guide you through the complicated legal process. Call us today at 888-749-7428 for a case evaluation.