Southern California spousal support

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.

Are you and your spouse agreeable to a divorce, have not been married for a very long period of time, and want to get it done as soon as possible? If so, a summary dissolution of marriage might be the appropriate route to take, as long as you and your spouse meet the appropriate criteria. In order to qualify for a summary dissolution of marriage:

- you and your spouse must not have had any minor children
together;
- you and your spouse must have been married for less than five years;
- neither of you may have any interest in any real property;
- you and your spouse may not have more than $5,000 in community debt (excluding automobiles);
- The total fair market value of any community property must be less than $33,000;
- Neither of you may have separate property assets totaling form than $33,000;
- You and your spouse must agree and how to divide any community assets and debts; and
- one of you must have lived in California for at least six months and in the
county of filing for at least 3 months prior to the date of filing

If you and your spouse meet these requirements, then you should certainly
consider a summary dissolution of marriage. It can save you a lot of money and is not very complicated at all. All that is required is that you and your spouse file the appropriate paperwork and pay the filing to the court. Then, a six month waiting period is required. The Court imposes this waiting period in part to make sure that you and your spouse are certain that you want to go forward with a divorce. After this six month waiting period is over, you or your spouse will just need to file for and obtain a judgment of dissolution, to make the divorce final.

Wallin and Klarich can help you with the process of obtaining a summary dissolution of marriage for a fairly small fee. Wallin and Klarich will first help you evaluate your situation to ensure that you qualify for a summary dissolution of marriage. Wallin and Klarich will then help you obtain the appropriate forms, help you fill the forms out correctly, and make sure the process goes by smoothly.

Call Wallin and Klarich now to help you on your way to obtaining a summary dissolution of marriage and ensure that it is done correctly! 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.

Heidi Montag has retained a Southern California divorce lawyer and plans to quickly terminate her marriage with husband, Spencer Pratt. Montag and Pratt, stars of MTV television show “The Hills,” have been married since April 25, 2009. Montag filed for legal separation on June 8, 2010.

Under California law, a legal separation is a court action that maintains the bond of marriage, but releases the spouses from the rights and responsibilities associated with marriage. Thus, though the spouses cannot legally marry another person while separated, any property that they acquire during separation is their separate property. Legal separation is commonly a prelude to formal marriage dissolution.

According to sources close to Montag and Pratt, they plan to file a divorce mediation. A divorce mediation is a faster and less costly alternative to typical divorce court proceedings. As compared to divorce court proceedings, where a judge rules on the issues, in a divorce mediation, a neutral family law expert fosters resolution of issues by mutual agreement. Since mediation encourages cooperation between parties, there is less need for costly litigation of divorce rights.

If you or someone you know is going through a legal separation or divorce, it is important to have a family law attorney who will defend your property distribution, child custody, and child and spousal support rights. The attorneys at Wallin & Klarich have over 30 years experience in family law. Call us today at (888) 280-6839 or visit us at our website at www.wkfamilylaw.com. We will be there when you call.

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.

Frank and Jaime McCourt, owners of the Los Angeles Dodgers, are currently involved in a complicated divorce court proceeding. Jaime claims that Frank failed to make a court-ordered monthly spousal support payment of $637,159. Frank contends that she owes him millions of dollars and should not be required to pay the monthly spousal support until Jaime’s debt is paid.

Jaime claims monthly expenses of $994,469, of which $568,000 goes toward paying mortgages on nine different residences. In addition, she alleges that $285,137 goes toward expenses related to being an owner of the Dodgers.

California Family Code section 4320 sets forth the relevant factors in determining the amount of spousal support in dissolution cases. One of the factors is the needs of each party based on the standard of living during marriage, not what a spouse requires just to survive after divorce or what a spouse needed to live prior to marriage.

The distribution of property is a major issue in divorce proceedings. If you are going through a divorce, you need experienced divorce attorneys who will vigorously defend your interests regarding property distribution, child support, and child custody rights. The attorneys at Wallin & Klarich have over 30 years experience in family law. Call us today at (888) 280-6839 or visit us at our website at www.wkfamilylaw.com. We will be there 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.

Heidi Montag and Spencer Pratt, reality television celebrities best known for appearing on the MTV reality television show The Hills, are now legally separated after Montag went to court on Tuesday to formally file legal separation papers. Under California law, Montag will no longer have to share future earnings with her husband.

The pair came to prominence appearing on The Hills in 2006. They announced their engagement in 2007 and married twice, once in Mexico in 2008 in a 15 minute ceremony and a second time in 2009 in a lavish event in front of friends and family in Los Angeles. All of the couple’s milestones were documented on The Hills. The pair has worked together on Montag’s music career, a fashion line, books, promotional appearances, and a stint on the NBC reality show competition I’m a Celebrity, Get Me Out of Here.

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, you need to call Wallin & Klarich today for an evaluation of your case. Call 1-888-749-7428 or visit www.wklaw.com to get in contact with an attorney today. We will be there 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.

Facebook, an internet networking website, is a new tool used by divorce attorneys to aid their client. Because California operates under the no-fault rule, information gathered through Facebook would not be used to show that one spouse has violated their marital contract; but rather, the information would primarily be used to discredit the other spouse’s testimony. Since 1969, California has adopted the no-fault divorce rule, which allows couples to dissolve their marriage without a showing of fault regardless of whether the divorce is consensual. This rule allows for divorce proceedings to commence on the grounds of irreconcilable differences. To satisfy this requirement, there need only be a breakdown of the marriage under California Family Code § 2310(a).

Information posted on Facebook can become an important tool a divorce attorney may use in order to discredit the other spouse’s testimony. One example would be recent images of alcohol consumption contradicting an individual’s pledged sobriety. By acquiring this information, the divorce attorney can use it as negative character evidence, establish inconsistencies with prior statements, or to even impeach the other spouse. It becomes quite difficult to refute this information as the individual usually is the one to have published it online.

Aside from irreconcilable differences, the other legal ground for divorce under California Family Code § 2310 is incurable insanity. This is the lesser common approach because this requires professional documentation.

Without pictures and evidence, it comes down to a fight between one spouse’s words against the other. With Facebook, however, there is evidence that the other spouse did engage in the alleged activities. An attorney that is able to utilize Facebook to acquire this information would be able to discredit the other spouse’s testimony. With incriminating pictures, comments, and posts, the attorney will be better able to achieve favorable results for the client.

At Wallin & Klarich, our Southern California divorce lawyers have handled hundreds of divorces. We understand that we see clients at a difficult time in their lives; that’s why we’re dedicated to getting the best possible outcome for each and every one. Also with the growth of technology, it is important to hire a divorce attorney that is fully equipped and knowledgeable of every tool available. To discuss your case with us, call us today at 1-888-749-7428 begin_of_the_skype_highlighting              1-888-749-7428      end_of_the_skype_highlighting begin_of_the_skype_highlighting              1-888-749-7428      end_of_the_skype_highlighting or contact us on our website at www.wkfamilylaw.com. We will be there when you call.

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.