Different Than the Average Attorney? Yep!

When you need someone with common sense, a sense of humor, and the ability to be down to earth but straightforward, and someone who is used to working with males in general, then you might want to consider attorney herein. Women and men tend to think differently, and although attorney has a social work background and is very aware of issues within family law, attorney also has done criminal and civil litigation, in addition to animal law cases in federal courts.

Once in awhile we will settle cases, but most of the difficult cases require substantial time in court. Not to say that court is the answer, as it's not always the answer--it's just there are hoops to jump through. Having practiced in larger areas such as San Diego, attorney has seen more than her share of difficult cases. Attorney is willing to work deals if the clients knows for sure that is what client wants or needs. In particular, attorney has done many Domestic Violence TRO cases with good results, including trials.

Additionally, attorney provides one of the best cost-savings (as far as fees go) in the entire county. How attorney knows this is because we have a lot of years of litigation in representing those of modest means.  That will enable client to get more work done in the case.

Call today for consultation. There is no obligation.

CALIFORNIA SPOUSAL SUPPORT FACTORS

When it comes to spousal support, ---it's usually the husband having to support the wife in most cases, but not all.  The Court (and you) should consider all of the following circumstances according to FC4320:

The extent to which each party's earning capacity is sufficient to maintain the standard of living established during the marriage, taking into account FC4320(a)(1),(2)

The extent to which the supported party's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote tiem to the family

The extent to which the supported spouse contributed to the attainment of an education, training, a career position or a license by the supporting spouse FC4320(b)

The supporting spouse's ability to pay, taking into account his or her earning capacity, earned and unearned income, assets, and standard of living FC4320(c)

The needs of each party based on the standard of living established during the marriage FC4320(d)

The obligations and assets of each party, including separate property FC4320(e)

The duration of the marriage FC4320(f)

The supported spouse's ability to be employed without interfering with the interests of any dependent children who are in his or her custody FC4320(g)

The parties' age and health FC4320(h)

Documented evidence of any domestic violence, including consideration of emotional disteess from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence by the supported party against the supporting party FC4320(i)

The immediate and specific tax consequences to each party FC4320(j)

The balance of the hardships to each party FC4320(k)

The goal that the supported spouse shall be self supporting within a reasonable period of time FC4320l

The criminal conviction of an abusive spouse and the reduction or elimination of any award to an abusive spouse under FC4325 [FC4320(m)]

Any other factors that you determine are just and equitable FC4320(n)

Note: "any other factors" kind of leaves the door wide open if you ask me?!
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The Dad's Car !

The Mom's Car?

*Let's say that if you got a particular reaction just out of looking at pictures 

of two different cars, 

imagine what could be done with court exhibits at trial??

Litigation involving spousal support can be affected by how your attorney sets up the case. Some attorneys simply do not exert a lot of effort and will just want to settle the case, the better attorney will realize all of the data in the case can make a HUGE difference, and that settling the case may not actually be helpful strategy wise?  (If you do not understand this, don't worry.)
Using all of the above factors, attorney can assess the potential liability, the possible outcomes, and the known propensity of various judges to determine the strategy needed for best outcome.

Attorney herein has strategy tactics, and uses them,  in order to obtain superior results. Provable at that!  Difficult fact patterns call for those who can think outside the box!

If you need an affordable attorney, please consider that it's better to get more than you paid for, than to pay too much-- and still lose your case!

How Can I Fix My Current Custody Situation?

Generally in California, the counties provide family law mediators at little to no cost to litigants; you are not forced to use the service, and can usually obtain your own services by paying for the service.
Usually, the parties agree that they will not use the mediation services of the court and will obtain a private mediation person or group that has such a mediator.

Many of the mediators that work for the court system have seen many cases, and because they are human, they may make mistakes. That is not to say a private mediator can't also make a mistake. The mediator's job is to do the evaluation and then make a "recommendation" to the court. The recommendation is NOT an order.  The court is NOT required to "adopt" the mediation, and the parties are NOT required to accept the mediation recommendation themselves.

Thus, the recommendation, if not accepted by at least one of the parties, can result in a trial.

In about 75% of cases (not an exact percentage) judges will tend to adopt the recommendation of the mediator.

But as stated, if a party objects to that recommendation being adopted, a trial can be held, OR it's possible the parties can work out something different. Some recommendations may have clauses which give review dates in the future, others may not.  If in your jurisdiction, you know you do not want the court mediator(s), then you must tell the court that you wish to have private mediator services, and should discuss that in advance with the other party.

In high conflict cases, mediation may be the tip of the iceberg...extremely high conflict cases are not usually solved by using a mediator no matter what recommendation is given, the parties will continue to not get along and will have issues.

 It is this attorney's belief that in some high conflict cases where neither party is represented, the judges simply assume that minor's counsel can fix the problem.  This is not necessarily true for all cases, especially when there has been one sided action (criminal, quasi-criminal, mental illness, imprisonment/other facts which cause one party not to work, and etc.)  In these cases, it can be that no amount of minor's counsel will be solving anything.

Attorney has seen plenty of high conflict cases over the years.  

If you feel you need help on your case that might involve unsettled issues, call attorney 916-794-5557. There is no charge for the consultation. 

The Published DV Case From Sacramento

Please bear with us---before we get to the published case from Sacramento, which was not our case, but shows what we often talk about,  thank you...................

WOO HOO!! Just won another DV in an unusual case in Northern CA,  where the female had two pets in her custody and got sued for having them, or taking them,  by the ex live in--who lives at other end of the USA...
         We helped her file the DV as she had prior DV case in another state, and asked that pets be under the protection order.

Despite our doubts, the Court awarded her the order for 5 years (not 3) and she thus has DV protection as to the pets. Meanwhile, the ex is actually suing to gain something out of the pets, there is nothing to gain actually. And even though he hired an "animal law attorney" from another state, all we can say is, good luck on that one.
      They might as well have flushed that case down the toilet. (Attorney herein does animal law and for longer than most attorneys that know animal law...)
Second DV case-- just settled another DV case!! It does happen from time to time!!! [If we did not settle we would have won the case anyway...facts were in our favor....]
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Below is a published case from Sacramento involving domestic violence from 2018


https://cases.justia.com/california/court-of-appeal/2018-c082857.pdf?ts=1519675297


....[D]uring a child custody hearing a year later in June 2012, Judge Kevin Culhane found that Riley still failed to comprehend the nature and gravity of his conduct.

 According to Judge Culhane, Riley involved a number of third parties, including his family members, in private parenting issues.

The court found that Riley was the source of threatening e-mails Rybolt received from Riley’s sister and that his family members had followed her and copied private parenting documents. “Such controlling and intrusive conduct,” in the court’s view, “[wa]s fundamentally inconsistent with any finding that the [Family Code section 3044]6 presumption ha[d] been rebutted.”



(the photo above is not the victim, this is photoshop)

[J]udge Culhane further found that, “[m]ost fundamentally the evidence demonstrates an ongoing course of conduct whereby father attempts to blame multiple third parties, includ[ing] mother, mother[’]s boyfriend, other parties, the co-parent counselor, the former lawyer, mediator, and others for the continuance of father[’]s own activities.” Riley had also “drawn the child into these disputes on a number of occasions.”

This case is indicative that the courts are not wavering on protecting domestic violence victims.

  It is in the DV victim's best interest to obtain a litigator that can best protect those rights.  If you need help, call today. Waiting can ruin your case as has been seen in the past for those who do not listen to good advice.

Temporary Spousal v Ongoing Support

There is a Major Difference Between Temporary Spousal and Ongoing Spousal...do you Need to Win your Case?!

Basically, temporary spousal support is done by using the Dissomaster program; ongoing or sometimes called permanent spousal support, is not done by using the Dissomaster, and requires the Court to use certain factors in deciding just how much should, if at all, be paid.  Because there are 14 factors to be considered, it is pretty obvious that an attorney who has experience in figuring out how to best defend the paying client-- this is what you would need if you are the "paying" client.  In most cases, it will be the husband or the spouse that earned more during the marriage.

Conversely, the person who is attempting to get or keep the ongoing spousal will need an attorney who can prove that the client basically needs the support, and that it is warranted under the circumstances.  These days, many people are living far past retirement age, and many people will be working or are forced to work past retirement age. This could have some interesting ramifications on spousal support, because many more women who may not have worked in the past, are now working. Because the family code expects that each person (wife or husband) post separation, is to make efforts to become self supporting if not already doing so, this means that the stay at home person must make those efforts to become gainfully employed.

Attorney herein has had plenty of cases both for the worker spouse, or the non worker spouse. Also because attorney is basically a defense attorney, it is much easier to raise defenses in many areas from a logistical view, factual view, and legal view. In part, this may be why attorney has such a high win rate in contested cases.  

If you have a difficult case, attorney encourages you to call for your free consultation!