MCCOURTS BATTLE OVER MONTHLY SPOUSAL SUPPORT; WIFE CLAIMS MONTHLY EXPENSES OF ALMOST $1 MILLION A MONTH – CALIFORNIA FAMILY CODE SECTION 4320

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.

I am Being Placed on the Child Abuse Central Index (CACI) – What Should I Do?

The California Child Abuse Central Index (“CACI”) is a tool created by the California Legislature to protect the health and safety of children. CACI is a list consisting of names of people who are investigated or charged with child abuse. Every child abuse investigation is reported to CACI. The reports detail the investigation of alleged physical abuse, sexual abuse, mental/emotional abuse, and severe neglect of a child.

Your name is be placed on CACI if an investigator determines that there is a “substantiated” or “inconclusive” reason that you were involved in the abuse or neglect of a child. After the initial investigation, the investigator will have one of three different conclusions: the allegations of child abuse or neglect are substantiated, inconclusive, or unfounded. A finding of “substantiated” and “inconclusive” will put your name on CACI. A finding of “unfounded” will not put your name on CACI.

In order to list anyone on the CACI, the county is required to notify the individual within five (5) business days of submitting the information to the Department of Justice. There are procedures that allow a person who is listed on CACI to challenge their placement on CACI. Specifically, a person can request a grievance hearing to remove their name from CACI. Once a hearing has been requested, the hearing must be heard in front of a grievance hearing officer within 60 calendar days.

After the grievance hearing, the hearing officer will make a decision within 30 days of the close of the grievance hearing. The decision will contain a summary statement of the facts, the issues involved, the findings, and the basis for the decision. The County Director, within ten (10) business days after the recommended decision is issued, will issue a written final decision adopting, rejecting, or modifying the recommended decision. The County Director will explain why the recommended decision was rejected or modified.

For more information, go to www.wklaw.com and read our CACI section. You will find more detail on the procedures for requesting a hearing and what one should expect during the hearing.

The consequences of being placed on CACI impact future employment involving children. With so much at stake it is essential that you speak with an experienced CACI attorney before taking any action on your case. Wallin & Klarich has over 30 years of experience defending the rights of our clients. Call us at (888) 749-0034 to learn more about your legal rights. We will be there when you call.

Porn Star wants Tiger Woods to Submit to Paternity Test – California Family Code Sections 7550 – 7558 and 7611

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.

Sandra Bullock: Divorce Pending – California Family Code Section 2310

The LA Times recently reported on Sandra Bullock’s first public appearance since the Oscars at the Spike TV’s Guy’s Choice Awards. Ms. Bullock was not wearing her wedding ring as divorce proceedings between herself and Jesse James are currently underway. Jesse James was caught in a cheating scandal immediately following Bullock’s Best Actress win at the Oscars, and they have been separated ever since.

Under California Family Code Section 2310, a divorce can only be obtained on the grounds of irreconcilable differences or incurable insanity. California is a “no fault” state, which means that the court generally does not assess the “fault” of the parties when dissolving a marriage, dividing marital property, or ordering support. In addition, California is a community property state, meaning that the parties to the divorce will share an equal interest in any money earned or property acquired during marriage. By law, the court must equally divide the community property between both parties.

A divorce may also involve issues such as spousal and child support, child custody, and visitation rights. The combination of these issues can make it difficult to reach a settlement agreement with your spouse. Having an attorney represent you during the process can ensure that you are well informed about your legal rights in regards to custody, support, and property.

It is our goal to help you get your life back to as normal as possible. At Wallin & Klarich, our skilled team of family law attorneys and our outstanding support staff of legal assistants and law clerks will help you work through each detail of your case to get you the best possible settlement. Our emphasis on teamwork enables us to provide top notch legal assistance to each of our clients. 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.

Charlie Sheen Plea Deal Held Up – California Penal Code § 273.5

As recently reported by the Associated Press, Charlie Sheen’s plea deal was held up in court over disagreements. Originally charged with domestic violence for the abuse of his wife, the parties commenced negotiations to reach a plea deal. Contrary to the agreed upon bargain, the plea deal that was submitted to the judge was more lenient than intended. One of the stringent conditions was that Sheen was not to smoke while out of jail working.

Under California Penal Code § 273.5, any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of domestic violence. The punishment for the offense is a “wobbler,” which means that it can be prosecuted as a felony or a misdemeanor. Felonies are punishable by up to four years in state prison and a $6,000 fine; whereas misdemeanors are punishable by up to one year in county jail and the fine.

If you or a loved one is charged with domestic violence, then it is important to acquire competent attorneys capable of handling your case. With over 30 years of experience, the lawyers of Wallin & Klarich will present all available defenses in your case. Call us today at (888) 749-0034 or visit us online at www.wklaw.com. We will be there when you call.

Reality TV Star Heidi Montag Files For Separation From Husband Spencer Pratt

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.

Former Survivor Producer Seeks Custody of his Children Following the Murder of his Wife – California Family Code Section 3020-3032, and 3080-3089

It was recently reported by ABC News that Bruce Beresford-Redman left Mexico without the Mexican authorities’ knowledge or consent. While Bruce and his wife, Monica, were on vacation in Cancun, his wife was murdered. He has yet to be charged with any crimes, but Mexican authorities have named Bruce as a person of interest in his wife’s death. There is also a separate California child custody case to decide who will get ultimate custody of Bruce and Monica’s children.

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 Southern California child custody lawyer 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) —— 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.

Court Rejects Child Support Deal for Dr. Conrad Murray – California Family Code Section 4050-4076

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.

Restraining Orders Require Abusive Conduct – California Family Code § 6300

A California Court of Appeals recently held that a restraining order cannot be issued under the Domestic Violence Prevention Act unless there was abusive conduct that placed victim in reasonable apprehension of injury. In S.M. v. E.P. No., D055230, proof of badgering without physical violence is not enough for the court to issue a restraining order. Without physical confrontation, it would be difficult for words to place one in reasonable apprehension of imminent serious bodily injury. While the trial court granted the restraining order, it was declared improper on appeal.

Pursuant to California Family Code §§ 6300 and 6306, a restraining order may only be issued to prevent a recurrence of domestic violence if there is reasonable proof of past abuse. Courts issue restraining orders to protect a person from physical pain, injury, and threats of physical pain or injury. These may be issued against a family member, a member of the household, or a stalker.

Domestic violence, more specifically, pertains to abuse perpetrated between a person and their spouse, cohabitant, person in a past intimate relationship, or one’s child. CFC § 6211. But for an act to qualify as abuse, one must intentionally or recklessly cause or attempt to cause bodily harm, commit sexual assault, or place a person in reasonably apprehension of imminent serious bodily harm. CFC § 6203. Words alone, however, would rarely give rise to a domestic violence claim.

Additionally, if a restraining order is issued before or in the midst of a child custody dispute, then it may prevent the recipient of that order from gaining custody. CFC § 3044.

Though the law may seem organized and straight-forward on its face, this is rarely the case. Family law is a complex area and it takes someone with intimate knowledge of the law and experience navigating local courts to get you the best possible result in your case. It is vitally important for you to hire an experienced Southern California Family Law Attorney to make your case. With over 30 years of experience, Wallin & Klarich have handled thousands of family law cases. We know that your family and children are important to you and we feel the same way. Call us at (888) 749-7428 begin_of_the_skype_highlighting              (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.

Facebook: Divorce Attorney’s New Ally – California Family Code § 2310

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.