Custody

In making appropriate child custody rulings, decisions and awards, the court is required to determine what is in the best interests of your child or children. Child custody considerations and laws are complex concepts, but generally require the court to consider which parent is best able to provide for the needs of the children in terms of health, safety and welfare, while at the same time considering the history of custodial responsibilities, history of contacts between the child and parents, and which parent will be most likely to promote and provide open, frequent and continuing contacts between the child and the other parent.

While not mandatory, many courts tend to favor the testimony of an expert when making decisions and rulings in difficult or contentious custody or visitation cases. Expert testimony is often supplied by an appointed mental health professional. Other options include partial or full child custody investigations through mediation and investigative services.

In appropriate cases, the court may even appoint an attorney to represent your child or children, which may be extremely beneficial where the parties’ needs, wants or desires are in conflict with the needs and/or best interests of the child, or if the minor child has a primary custodial parent preference.

In almost all California courts, mediation through a county mediation and investigative service is a mandatory condition to the court's willingness to hear any contested custody or visitation related issue, it being the purpose of such mediation to promote the parties' attempt to resolve their own custody and visitation needs with a trained social worker, without judicial interference, and outside of the presence of their respective attorneys. While the role of the mediation process differs from county to county in California, (some counties allow mediation to make recommendations to the court vs. other counties (such as Orange County) where mediation is strictly a settlement tool) most mediation agencies have the ability to recommend the appointment of counsel for a minor, or recommend that a custody evaluation be performed, where a case appears to be difficult or contentious. Call on Newport Divorce Attorney. You will have over 37 years of family law experience.

Support

Child Support Considerations

Child support amounts are determined by state statute and guidelines which are reduced to an algebraic formula. Common computer programs which incorporate the statue guidelines are known as DissoMaster programs, which are widely used by most family law attorneys and judicial officers. The algebraic formula takes into account a substantial host of factors and considerations which are used to determine child support obligations, the most important of which include the number of supported children, income and time share arrangements, and certain deductions and expenses provided by the statute and incorporated into the support formula. Day care costs, union dues, health insurance, some work related expenses, new spouse income (for tax considerations only), other child support payments, some residential and tax deductions, along with hardship considerations for other dependent children living with the paying party may effect support levels, also. Child support income and spousal support income are vastly different considerations and concepts, each carrying its own special area of complex laws and considerations.

Child support income may be based on payroll wages, overtime, bonus, commission, disability income, passive income, social security income, and even the income produced from second jobs in some instances. In many cases, where a person or party with an obligation to pay support is intentionally avoiding his support obligation, avoiding employment or suppressing income, the court may impute an ability to earn income to the parent otherwise obligated to pay child support. In the case where the party obligated to support is self-employed, determining that person's actual income or "cash flow" may be extremely difficult absent substantial accounting, taxation or forensic skills. Frequently a forensic accountant will be retained to determine actual cash flow issues following some form of an income audit.

Spousal Support Considerations

The primary concept behind an award of spousal support is to assist a former mate in maintaining the standard of living enjoyed during the course of the marriage, and to assist that former mate in making a transition to the status of being self supporting. Factors of significant weight in determining amount and duration of support include: duration of marriage, need of the requesting party, ability to pay of paying party, marital standard of living, income levels, ability to earn income of the supported party, level of education of the supported party, and an entire host of considerations which are outlined in California Family Code, Section 4320.

Determining interim and final spousal support orders in terms of amount and duration can constitute one of the most complex considerations and decisions that a trial judge will be required to determine, or a lawyer to litigate. The body of law surrounding Section 4320 is vast and complex. Modifying support orders can be an even more daunting exercise. Call on Newport Divorce Attorney for advice and representation.

Property

All assets and debts are subject to dividing in a divorce. Community property is any asset (earnings, savings, acquisitions, etc.) or debt acquired during your marriage by the effort of either marriage partner. Pension, 401K, IRA and such retirement benefits, as well as other income replacement benefits may be all or partly community assets.

Each spouse equally owns the community property assets and debts. Unless the parties agree differently, a court will divide these assets and debts equally between them. It takes creative and experienced counsel to foresee tax consequences and other reasons not merely to recommend slicing the community in two.