Orange County Divorce Lawyer Blog

International Custody involving Ireland baby Kidnapping

Fri, 18 May 2012 08:00:00 -0800

A custody battle that started in Ireland has led authorities to Michigan.

Angela Holmes, from Birmingham, Michigan, and her husband, Michael, had a baby girl in Ireland, Jocelyn. However, last year in 2011, Angela fled Ireland to the United States, using special U.S. embassy help to return to Michigan. Angela fled without her passport or a passport for the baby.

Michael, who legally has joint custody, filed what is known as a Hague Convention case. He demanded to have Angela and baby Joycelyn returned to Ireland to settle the parties' custody dispute.

Angela claims her husband is emotionally unstable and asked an Oakland County court for a personal protection order against Michael, who is still in Ireland.

Till now, Angela is still on the run with the baby and no where to be found. Its instances like these where you would want to hire a family law attorney to assist you in this custody battle.

If you have a child custody dispute in Orange County or Los Angeles County, contact an Orange County divorce lawyer for further assistance.

Source: Ireland baby kidnapping case led to metro Detroit

Gabriel Aubry requests Child Support and Attorney Fees

Wed, 16 May 2012 08:00:00 -0800

According to TMZ, Halle Berry's ex, Gabriel Aubry filed paperwork in court requesting that the court award him $20,000 per month in child support plus $500,000 in attorney fees. Aubry believes he's entitled to the money because he needs a proper environment to care for the 4-year-old daughter he shares with Berry.

Additionally, Berry is requesting an order to be able to relocate with the minor child to France. According to Berry, she believes the move is necessary in order to help protect the child, Nahla, from paparazzi and her ongoing stalker drama in Los Angeles.

In fact, Berry was quoted as stating "It's not one photographer hiding in the bushes, it's 20, 30 very close to us, causing commotion," Berry told Extra. "I'm not complaining about me. I'm an adult. I can handle it. But children should not be subject to that. It's just wrong."

The issues set forth in the case above is relatively common in child custody and visitation disputes. If you are seeking an order to move away to a different state or country, it is imperative that you hire an aggressive Orange County divorce lawyer to assist you.

Once child custody and visitation are agreed to, details relating to child support will need to be worked out as child support is based upon each parties' respective gross monthly incomes and timeshare, among other factors.

For more information, contact an Orange County divorce lawyer today.

Source: Halle Berry's ex demands $500K in attorney fees

Deion Sanders ordered to pay child support and attorney fees

Tue, 15 May 2012 17:30:04 -0800

Breaking news....

It has been reported today that Deion Sanders has been ordered to pay $10,500 per month in child support to his ex-wife, Pilar Sanders plus an additional $275,000 to cover her attorney fees.

Additionally, the court did not order any spousal support payments.

Pilar was also ordered to return six containers of Deion's property by July 1.

Source: Deion Sanders Ordered to pay $10,000 per month in child support

Can I get medical insurance from my Ex after a Divorce?

Mon, 14 May 2012 08:00:00 -0800

The answer is No.

Here is a great article that summarizes this very issue.

Once divorced, you cannot stay on your ex's health insurance -- but your children can and probably should (although who will pay the premiums might be a topic of discussion). After the divorce is finalized, you (the non-employee spouse) can qualify for COBRA coverage, but remember: COBRA is temporary and lasts only up to 36 months.

If you're divorcing, my advice would be to get your own health insurance as soon as possible because if you develop a condition while on COBRA, a new insurance plan may see it as a pre-existing condition and either not insure you or only do so with much higher premiums. (Of course, the Supreme Court is now scrutinizing Obama's healthcare legislation, so stay tuned. The way health insurance companies view pre-existing conditions may change.)

Maintaining health insurance coverage is a major concern for many divorcing couples -- in fact, it's one of the main reasons why some couples now opt for a legal separation instead of divorce. (If you take this route, tread carefully. Some health insurance companies view a legal separation the same as divorce, so check with the company's health plan provider). In other words, do not take this matter lightly. Health insurance companies have strict requirements for when and how they must be notified of your divorce, and failure to do so might constitute insurance fraud. Make sure you consult with your attorney to understand the laws as they apply to your specific case.

Use of Controlled Substances or Alcohol and effect on Child Custody

Fri, 11 May 2012 08:00:00 -0800

In determining the child's best interest, the court must consider the habitual or continual illegal use of controlled substances or the habitual or continual illegal abuse of alcohol, by either parent. Before considering such allegations, however, the court may require independent corroboration, e.g., written reports from law enforcement agencies, courts, social welfare agencies or medical facilities. Fam. C section 3011(d).

In response to concerns expressed in Wainwright v. Superior Court (2000) 84 CA4th 262, about lack of statutory authority to compel drug testing in custody cases and related constitutional issues, the legislature enacted Fam C section 3041.5. Under said section, a court may order any parent who is seeking custody of or visitation with a child, who is the subject of the proceeding, to undergo testing for the illegal use of controlled substances and use of alcohol if there is a judicial determination based on a preponderance of evidence that there is habitual, frequent, or continual illegal use of controlled substances and alcohol abuse by the parent.

For more information on use of controlled substances or alcohol and its effect on child custody and visitation parental rights, contact an Orange County divorce lawyer for more information.

Linda Evangelista requests $46,000 per month in child support

Wed, 09 May 2012 08:00:00 -0800

Although the child support case between Linda Evangelista and Francois-Henri Pinault has now been settled, the details of which will not be disclosed, lets go over Evangelista's requests.

Evangelista was requesting $46,000 per month in child support to support her son. Evangelista claims that she has tallied nearly $50,000 a month in child support expenses such as armed bodyguards and a round-the-clock nanny, among other costs.

Although she willingly paid all the boy's expenses for most of his life, her roughly $1.8 million-a-year income took a major hit last year as a contract with L'Oreal ended, said her lawyer, William Beslow.

"It became necessary for her to go to the bullpen and ask the father for help," he told the court. "Ms. Evangelista is not looking to piggyback the lifestyle of Mr. Pinault."

On the other hand, Pinault is the chief executive of PPR, which owns Gucci, Yves St. Laurent and other luxury brands. He makes about $4 million annually from a complex of his family's companies; Forbes recently estimated the family's net worth at $13 billion.

From an Orange County child support lawyer's perspective, the court will likely analyze this case as a beyond guideline manner considering the elaborate lifestyles of the parties. Child support is based upon the gross income of both parties' and the timeshare of the noncustodial parent, among other factors.

If you need assistance in an Orange County or Los Angeles County child support case, contact an Orange County child support lawyer for more information.

Source: Linda Evangelista puts child's bills at $46,000 per month

Los Angeles Divorce for Bachelor's Chris Harrison

Mon, 07 May 2012 08:00:00 -0800

Given the news of Bachelor host, Chris Harrison's divorce, we all wonder if he should be the next Bachelor?! At any rate, it was announced last week that Harrison will be divorcing his wife of 18 years, Gwen. The couple have two minor children, Joshua and Taylor. They presently reside 35 miles from the Hollywood area.

From an Orange County divorce lawyer's perspective, since this was a marriage of ten years or more (long term marriage), unless the couple have a prenuptial agreement in place limiting the amount of spousal support to be payable or unless Gwen decides to waive receipt of spousal support, Harrison will have to pay spousal support to Gwen. Typically, for long term marriages and in accordance with Family Code section 4336, the court will retain jurisdiction over the issue of spousal support indefinitely.

Secondly, the parties will have to deal with the issues of child support, child custody and child visitation since they have two minor children.

Finally, the issues of property division and payment of each parties' attorney fees and costs will also have to be dealt with.

If you need an Orange County or Los Angeles County divorce, contact an Orange County divorce lawyer for more information.

Source: Chris Harrison, Wife Gwen are Splitting

Los Angeles County Divorce for Martin Lawrence

Fri, 04 May 2012 08:00:00 -0800

Actor, Martin Lawrence, has filed for a Los Angeles County divorce from his wife, Shamicka Lawrence. The parties were married for less than two years. Martin and Shamicka were a couple for 15 years prior to their marriage. They have two minor children, ages 9 and 11.

According to the Los Angeles County divorce petition, Lawrence is seeking joint legal custody and joint physical custody of their two children. If Lawrence's request for joint legal custody is granted, he would share the decision making duties with respect to the health, safety and welfare of their children. If Lawrence's request for joint physical custody is granted, he would essentially have physical custody of the children 50% of the time.

Additionally, the couple also have a prenuptial agreement in place. Like in any type of prenuptial agreement, it likely spells out how their community property is to divided, how much spousal support should be paid to Shamicka, among other issues. What is not included in said prenuptial agreement is a child custody and visitation plan. The determination of an appropriate child custody and visitation plan is usually litigated in court or agreed to between the parties. Sometimes a 730 evaluator is appointed or Minor's Counsel is appointed to determine the best interest of the children.

At any rate, hopefully the parties can work out their differences as amicably as possible and move on with their lives. Afterall, these two were together for 15 years before they married!

If you are looking to file a Los Angeles County or Orange County divorce, contact an Orange County divorce lawyer for more information.

Source: Martin Lawrence Seeks Divorce, Joint Custody of the Kids

Orange County Child Custody and Visitation: Contact with Siblings

Wed, 02 May 2012 08:00:00 -0800

If you are litigating child custody and visitation and you have two or more children, do the courts tend to split the children or keep them together?

In Marriage of Williams (2001) 88 CA4th 808, the court addressed a trial court order awarding custody of two of the couple's fourt children to one parent and two to the other. After commenting that "At a minimum the children have a right to the society and companionship of their siblings," the appellate court reversed and directed the trial court to order separation of the siblings only on a showing of compelling circumstances, articulated "in a manner which permits meaningful appellate review."

In reaching its conclusion, the court referred, in part, to a provision of the Welfare and Institutions Code as an expression of public policy that siblings should be kept together whenever possible, absent extraordinary medical, emotionl or educational needs. 88 CA4th at 814, 815 (citing in part, Welf & I C section 16002, concerning children placed in foster care).

In conclusion, courts will not likely separate siblings in a child custody and visitation matter.

If you have any child custody or visitation issues, contact an Orange County Divorce Lawyer for more information.

What are the Grounds for the Appointment of an Orange County Temporary Guardianship?

Mon, 30 Apr 2012 08:00:00 -0800

In a prior guardianship post, I discussed the instances in which a temporary guardianship may be appropriate.

The court may grant a petition for a temporary guardian only when good cause is shown. Prob Code section 2250(b). Good cause may be found in the following instances:

1. The minor needs immediate medical treatment because of illness or accident, or must be enrolled in school; both parents are dead, absent, incarcerated or incapacitated; and a relative caregiver's affidavit under Family Code section 6550 is not an option.

2. The minor needs immediate protection from child endangerment (i.e. parental drug or alcohol abuse or physical or mental abuse of the child) or neglect (i.e. leaving a younger child unsupervised or failing to provide a safe environment and adequate nourishment).

3. The minor's custodial parent is also a minor who has been placed in juvenile hall or another detention facility that has no facilities for care of the child and someone must be given authority to care for the child during the parent's detention; or

4. A minor whose home state is not California, while visiting relatives in California, reports abuse in the home state and fear of returning home. A California court may issue a temporary guardianship to provide temporary protection for the minor even though the court lacks jurisdiction under UCCJEA. During the temporary guardianship, there would be time to:

A. Advise the child protective service agency in the minor's home state about the allegations;

B. Notify any court already having taken jurisdiction in the minor's home state of the allegations; or

C. Initiate guardianship proceedings in the minor's home state.

If you have an Orange County guardianship issue and would like more information, contact an Orange County guardianship lawyer for assistance.

When to file an Orange County Temporary Guardianship

Fri, 27 Apr 2012 08:00:00 -0800

In emergency situations, a temporary guardian of the person, of the estate or of the person and estate, may be appointed to serve until the final determination on a petition for appointment of a general guardian. The temporary guardian is responsible for providing for the temporary care, maintenance, and support of the minor, and for conserving and protecting the minor's property from loss or injury.

The following situations are examples in which a temporary guardianship may be appropriate:

1. When an appeal is pending in litigation affecting the appointment of a guardian, the trial court, to avoid injury or loss to person or property, may appoint a temporary guardian to exercise the powers of the guardian until resolution of the appeal. Prob C section 1310(b).

2. If the court suspends powers of a guardian under Prob Code section 2334 (insufficient bond) or Prob Code section 2654 (pending determination of petition for removal), the court may appoint a temporary guardian to exercise those powers until they are restored to the guardian or a new guardian is appointed. Prob Code section 2250(i).

3. If the office of guardian becomes vacant, the court may appoint a temporary guardian on its own motion or on a petition filed under Prob Code section 2250(a) to serve until a new guardian is appointed. Prob Code section 2250(i).

If you are in need of an emergency temporary guardianship, contact an Orange County guardianship lawyer for more information.

What NOT to do when entering into an Orange County Prenuptial Agreement

Wed, 25 Apr 2012 08:00:00 -0800

This is an interesting case involving a Husband who coerced his soon to be wife to sign a prenuptial agreement only 8 days before their wedding and told her that there was no time to have her attorney review said prenuptual agreement. Other mistakes the Husband made prior to having his fiance sign said prenuptial agreement were the following:

1. Husband only allowed fiance to only briefly review the document.

2. Prenuptial Agreement did not include signature page.

3. Prenuptial Agreement did no set forth financial disclosures for either party.

4. Husband told fiance "you've got to get this signed or were not getting married this Saturday."

Under the prenuptial agreement, each party would retain sole ownership of all his or her property "now owned or hereafter acquired."

The court ruled that the fiance was left with "no possibility of accumulating any assets" during the marriage.

Howard County District Judge Mark Kozisek had ruled that the agreement was "one-sided" and "overreaching." He also concluded it defied the basic underpinnings of the marital relationship.

He found, however, that the prenuptual agreement was enforceable -- even though he considered it unconscionable and made the fiance an "indentured servant."

From an Orange County divorce lawyer's perspective, pursuant to California Family Code Section 1615, it states as follows regarding entering into a prenuptial agreement:

"(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following:
(1) That party did not execute the agreement voluntarily.
(2) The agreement was unconscionable when it was executed and, before execution of the agreement, all of the following applied to that party:
(A) That party was not provided a fair, reasonable, and full disclosure of the property or financial obligations of the other party.
(B) That party did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.
(C) That party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
(c) For the purposes of subdivision (a), it shall be deemed that a premarital agreement was not executed voluntarily unless the court finds in writing or on the record all of the following:
(1) The party against whom enforcement is sought was represented by independent legal counsel at the time of signing the agreement or, after being advised to seek independent legal counsel, expressly waived, in a separate writing, representation by independent legal counsel.
(2) The party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the agreement and advised to seek independent legal counsel and the time the agreement was signed.
(3) The party against whom enforcement is sought, if unrepresented by legal counsel, was fully informed of the terms and basic effect of the agreement as well as the rights and obligations he or she was giving up by signing the agreement, and was proficient in the language in which the explanation of the party's rights was conducted and in which the agreement was written. The explanation of the rights and obligations relinquished shall be memorialized in writing and delivered to the party prior to signing the agreement. The unrepresented party shall, on or before the signing of the premarital agreement, execute a document declaring that he or she received the information required by this paragraph and indicating who provided that information.
(4) The agreement and the writings executed pursuant to paragraphs (1) and (3) were not executed under duress, fraud, or undue influence, and the parties did not lack capacity to enter into the agreement.
(5) Any other factors the court deems relevant."

Source: Court tosses 'indentured servant' prenup

Tiki Barber and fiance delay nuptuals

Mon, 23 Apr 2012 08:00:00 -0800

The divorce between Tiki Barber and his estranged wife, Ginny Cha, is still ongoing. Because it has not ended, the marriage between Tiki and his faince on May 12 has been postponed.

Allegedly, earlier this month, Tiki reached a divorce settlement with Ginny after two years of bitter litigation over child support and spousal support. But a source states that, "The divorce will not be finalized in time for the May 12 wedding, so Tiki and Traci have told friends and vendors that the date will be pushed back to, hopefully, early summer."

As a background, Ginny and Tiki had been married 11 years when they split in March 2010, when Ginny was eight months pregnant with twin girls. Tiki, who at the time was an NBC Sports and "Today" show contributor, left Ginny for his fiance, a former NBC intern. Ginny filed for divorce in April 2010, and Tiki and Traci became engaged last year.

From an Orange County divorce lawyer's perspective, if a party to a divorce would like to marry before their prior divorce has been finalized, it is best to file a Motion for bifurcation of marital status. A bifurcation for marital status will bifurcate marital status and both parties will be reverted back to their "single" status. Once single, each party can remarry. However, the party requesting the bifurcation must follow through with Family Code section 2337 factors.

Pregnant Man separates from Wife

Sun, 22 Apr 2012 13:13:58 -0800

The "Pregnant Man", Thomas Beatie, has separated from his wife, Nancy. They were married for nine years and have 3 children together, all of whom were conceived through artifical insemination through a sperm donor.

Batie stated during the show "The Doctors" as follows:

"Like all marriages, we have our ups and downs, and we're going through a rough patch right now. At the moment, we're separated."

Beatie also revealed that he's had the final female-to-male gender reassignment surgery.

The family lives in Bend, Oregon.

From an Orange County divorce lawyer's perspective, this case would be treated like any other divorce. The parties will have to deal with child custody, child visitation, child support, spousal support and property division issues.

As stated above, the parties have three children together. They will have to work out a reasonable parenting plan in the best interest of the kids. Hopefully, the parties are cordial and can work something out without unnecessary litigation. It's always best to keep the children out of legal matters and focus on doing what is best for them.

For more information on filing for an Orange County or Los Angeles County divorce, contact an Orange County divorce lawyer for more information.

Source: 'Pregnant man' Thomas Beatie splits from wife

Orange County Divorce: What is a QDRO?

Fri, 20 Apr 2012 08:00:00 -0800

Here is a basic article I found about QDROs.

What is a QDRO?

If you have a retirement account, and you're facing a divorce, you may become quite familiar with this acronym, which stands for Qualified Domestic Relations Order.

A QDRO is a court order that allows an alternate payee -- a spouse, an ex-spouse, a child, or some other dependent -- to collect money from a retirement account. This may be needed for spousal or child support, for example. In some states, a retirement account may also be considered community property that must be divided upon divorce.

Because QDROs can be complicated, it's probably wise to consult an attorney experienced in dealing with them. But here is some basic information about QDROs:

What Qualifies as a QDRO?

In general, a QDRO is a court-issued judgment, order, or decree that formally approves a property-settlement agreement that involves a retirement plan. A QDRO must contain the following information:

◦The name and last known mailing address of the participant, and each alternate payee;
◦The name of each plan to which the order applies;
◦The amount or percentage, or method for calculating the amount or percentage, to be paid to the alternate payee;
◦The number of payments, or time period, covered by the QDRO.

How Does a QDRO Work?

A QDRO generally describes how retirement assets will be divided between the retirement plan's participant and his alternate payees. A QDRO is required for any retirement plan covered by ERISA, the Employee Retirement Income Security Act.

The plan's administrator must approve the QDRO, provided it meets certain requirements. QDRO transfers from a retirement account do not incur an early-withdrawal penalty.

How Do QDROs Get Drafted?

Plan administrators may provide QDRO forms that participants can fill out on their own. But because there are a number of legal requirements for what a QDRO must contain, it's probably best to speak with an attorney about drafting a QDRO that meets your specific needs.

Contact an experienced Orange County divorce lawyer for more information on divorce and QDROs.