San Diego, CA 92101
(619) 233-5299
Fax: (619) 239-8323
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1400 Sixth Ave, Suite 207 San Diego, CA 92101 (619) 233-5299 Fax: (619) 239-8323 |
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Family law is a tough area, like pulling teeth, stressful, dealing with children, finances and relationships can be tough; that's why legal counsel may be helpful to you. Often legal counsel can help navigate the treacherous waters of litigation to prepare and file the proper forms to help you through this difficult area. Proper preparation and presentation of your case may be the key to success. At John P Martin APLC, we know that you depend on your attorneys to help you through these trying times and we do our best to maximize your results with a minimum of stress to you. Like YOU, your case is unique, and we strive to uniquely evaluate your case and work with you to achieve the positive results. CUSTODY: California uses a "best interest of the child" standard in awarding custody between the parents. Sounds simple, but many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the child (children) as "primary custodial parent" it has far reaching consequences both to you and to the well-being and development of your child. CHILD SUPPORT: Each parent has a duty to support the minor children of their relationship. This financial obligation extends, with a few exceptions, until the child reaches the age of 18 years and graduates from high school or turns 19, whichever happens first. This is assuming that the child has been proven or agreed to "paternity" i.e.: it has been legally established who is the father of the child(ren).
If the parents do not agree the proper amount of support, California has adopted a "guideline" formula, which includes a lot of factors which affect support, such as the amount of time spent with the child, the parties pay, and deductions (i.e. a pension). There are also many "discretionary" deductions from income. The Court MAY allow deduction items such as catastrophic medical expenses and travel expenses for visitation. The skill of an attorney may potentially pay for itself in guiding the clients to achieving the best possible results in this area. DIVORCE ("Dissolution of Marriage"): California is a "no fault" state, meaning that you do not need any particular circumstance to get a divorce. All that is required is "irreconcilable differences" that the Court or counseling will not cure. DIVISION AND CHARACTERIZATION OF ASSETS: Anything that is characterized as "community property" and "community debt" incurred during the marriage is divided equally, or as equally as possible. This may sound simple, but again, a skilled law office can make a large contribution to helping through this issue. Some examples: Family heirlooms? Pictures? Who gets the family pets? Bought something prior to marriage and paid for some of it during the marriage? Once again it sounds simple, but often is not. SPOUSAL SUPPORT: Many factors influence an award (or termination) of spousal support. Those factors may differ if the support is awarded "temporarily" (awarded at an "OSC" hearing) rather than at trial. Factors include, but are not limited to: the income of the parties, "the standard of living established during the marriage" and the length of the marriage. Like custody and some other family law areas, the Court has a significant amount of discretion in this area, and the skill and preparation of your case may make a difference in achieving a fair result.
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A dissolution of Marriage or custody dispute can be as traumatic as the death of a loved one. Custody decisions, restraining orders, paternity disputes, and community property and support issues can have long-term consequences for yourself and your children. In Family Law, custody and financial situations may change rapidly, and a client is entitled to expect a rapid, aggressive response to their concerns. Furthermore, a client needs an honest straightforward answer from their attorney to make a fair and informed decision for any situation that develops. At John P. Martin & Associates, Inc., APLC, we have a friendly but professional problem-solving approach to litigation that allows us to handle each of your unique needs.
The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. Parents CAN decide on their own what is a fair amount of support, but the DUTY of each parent to support their child cannot be waived.
