Former TV star says he can’t pay overdue alimony

Most people who get behind on their spousal and child support don’t serve jail time as a result. It’s rarer still for someone to request time behind bars. However, that’s just what John Schneider did. Schneider is best known as one of the stars of the popular television show “The Dukes of Hazzard.” Schneider’s wife was awarded nearly $19,000 a month in alimony after the couple broke up in 2014 after more than two decades of marriage, underscoring how important it is to understand your rights with an experienced spousal support attorney in Arcadia. She cited irreconcilable differences in her divorce filing. Last month, Schneider was sentenced to serve three days in jail because he reportedly owes his former wife over $150,000 in alimony. He was also sentenced to 240 hours of community service and an additional 120 hours in jail for contempt, showing how disputes over support can escalate quickly in a divorce case. He was released from the Los Angeles County Jail the same day he was booked due to prison overcrowding. The contempt sentence was suspended in lieu of meeting certain conditions. These include paying the taxes needed to be able to transfer the couple’s property in Apple Valley to his ex-wife, submitting required financial disclosures and paying other money that he owes her. Schneider, however, says he probably will be unable to comply with those conditions and asked to serve his jail sentence instead. In a letter to the judge in the case earlier this month, he spoke of his “regret and embarrassment” about being unable to comply with the conditions set by the court. He told the judge he is “leveraged to the max.” The actor said that he has tried to do “what I believe is ‘right’ throughout this whole process.” The letter didn’t persuade Schneider’s ex-wife or her attorneys, however. They asked that it be stricken from the record until her attorneys could question Schneider in a hearing about the financial difficulties he has cited. One of the purposes of spousal support is to prevent a person from suffering undue economic hardship after a divorce. However, it’s not meant to send the payer into dire financial straits either. How much money a person ordered to pay support actually has, particularly if he or she has complicated financial dealings, can be a matter of dispute both during and after divorce. Whichever side of the equation you’re on, it’s essential to have experienced legal guidance to protect your rights and present your case, whether you need help from a spousal support attorney in Arcadia, a child support lawyer in Arcadia, or the team at Mohajer Law Firm.

Leaked court order provides look into Jolie-Pitt custody battle

Almost two years after Brad Pitt and Angelina Jolie broke up, the two are still sparring over custody of their six children. Although the superstar couple has sought to keep their divorce out of the media, a court order issued this month has made its way into the hands of CNN. It provides some insight into the couple’s legal battle. The court order includes a summer custody schedule in which Jolie will have primary physical custody of the children in London, where she is filming Maleficent 2. However, Pitt, who is living in Los Angeles, has shared custody of the kids — all of whom are under 17. He is also allowed to speak with them by phone with no restrictions. The court order mandates that Jolie make her kids aware that the “court has determined that not having a relationship with their father is harmful to them, that maintaining a relationship with both parents is “critical” and that they are safe with their father.” The language in the court order seems to indicate that the children’s relationship with Pitt is less than ideal. The order said, “If the minor children remain closed down to their father and depending on the circumstances surrounding this condition, it may result in a reduction of the time they spend with [Jolie] and may result in the Court ordering primary physical custody to [Pitt].” While Pitt didn’t publicly respond to the report, a spokesperson for Jolie referred to it as a “misleading leak” of what she claimed was a “confidential and sealed court record” that presents an “inaccurate and unfair picture of what is really happening.” CNN says, however, that the court order was not sealed. It’s not unusual for judges to be concerned if they believe that parents are trying to keep their kids away from their former spouse without good reason and/or that they’re negatively influencing their kids’ perception of their other parent. California family law attorneys help parents who believe that this is happening to them work to obtain the custody and visitation rights necessary to let them continue or rebuild a healthy relationship with their children.

How to budget the child support you receive

You’ve reached a child support agreement with your ex. That’s just the beginning. Now you have to focus on spending the money wisely as the primary caregiver for your children. If you’re fortunate, your co-parent will pay the support on time and in full every month, but it still helps to understand your rights with guidance from a child support lawyer in Arcadia. First, create a budget. This is necessary for all people who divorce, whether they have children or receive any type of support or not. Living as a single person is simply more expensive per person than living as part of a married couple. Designate how much money you’ll be spending on taking care of your children. This includes clothing, medical expenses, school costs, piano lessons, soccer uniforms, and child care, which are all issues often addressed in broader family law matters. If you’re able to support your children primarily on your income, don’t include the child support as you make your budget. Think of that as added money that you can save for future expenses. It will also come in handy should your ex miss a payment or two. Determine what expenses you’ll use the child support for. It’s intended for your children’s care. You’re not legally required to spend it solely on that. However, if your co-parent wants to reduce his or her payments later, it’s best if you can show that you’ve been using the money solely for the kids — or at least things that are part of their care, like rent and food. A number of factors may warrant seeking a modification in child support payments. Perhaps you have to go from full-time to part-time work to care for your kids. Maybe your co-parent has a significant increase in income. One of your children may have a medical issue that requires long-term treatment. Another child may enter high school and have higher school expenses and extracurricular costs. If you’re going to seek a modification, it’s best to come to the negotiation armed with documentation and other evidence. An experienced divorce attorney in Arcadia or child support lawyer can help you make the strongest possible case, and you can contact the firm here to discuss your options.

International child abduction: How the Hague Convention applies

Not all love unions end in “happily ever after.” When children are involved, parents may struggle to come to agreement on which parent their children should live with and how they should organize their parenting time. When the parents are from two different countries, though, the issues become even more complicated when the foreign parent wants to take the child back to his or her home country. In most cases, courts will side with keeping the child in the country where he or she has established consistent residency. However, it’s not unheard of for a foreign parent to disagree with such a ruling and to unlawfully take the child away. This is usually considered kidnapping under U.S. and international regulations, and the law-abiding parent can take legal action to get his or her child returned. The Hague Convention and international child abduction The Hague Convention is an international treaty that assists parents in participating countries to seek the return of their children after a case of international child abduction. As long as both countries have ratified the convention, the law-abiding parent will be able to get the foreign family law courts to honor the existing child custody agreement that was in place before the abduction. The Hague Convention streamlines the process of getting U.S. court documents admitted as evidence into foreign courts, and it establishes a special office for each member country through which U.S. parents and their attorneys can communicate to gather information about an abducted child. One potential issue, however, relates to cases in which a child was taken to a non-Hague nation. In these cases, parents will have a harder time navigating the foreign court system. It doesn’t mean it can’t be done. Rather, the process will be more challenging and time-consuming with fewer assurances of success. Was your child abducted to a foreign country? If your child was taken unlawfully to a foreign country, it’s vital that you act as swiftly as possible to try and ameliorate the situation. Legal options will be available, and you may be on the right side of the law — especially if the international abduction happened in violation of an existing child support order

What is a prenuptial agreement?

smohajer
November 13, 2017
family law
0 Comments

Engaged couples should consider the unpleasant and unromantic but prudent step of entering a contract before marriage that will govern property division and resolve other legal and financial issues if they ever divorce. California family law governs these prenuptial agreements. Prenuptial agreements govern how marital property and debts are divided if there is a divorce. These usually address assets that each party brings into the marriage, which usually remain with the original owner, and those acquired during marriage. Additionally, a prenup can address debt that is accrued, such as college loans, and whether it will be divided between the spouses. Prenups allow a party to waive or alter inheritance rights if it does not negatively affect any minor children. Otherwise, a court will award a spouse half of the community property of the spouse who dies regardless of the contents of a will. Prenuptial agreements can address many issues but cannot govern custody or child support which are decided by courts based upon the best interests of the child. However, the agreement can have one party pay support, for expenses such as education, that exceed a court order. Under state law, a prenup is invalid if a spouse gives consent based upon fraud, coercion or mistake. It cannot result from seriously unequal bargaining power. A court may reject all or part of an agreement that it finds unfair or where one spouse benefits much more than the other spouse. Each party should have their own attorney or waive this right in writing before signing the prenup. They must be transparent about their finances and property and share this information. Parties must receive full disclosure of the agreement’s terms, rights and conditions. A spouse should wait at least seven days after receiving this agreement before signing it. Prenuptial agreements may identify and protect valuable assets. This is important in a community property state such as California where a spouse usually keeps property that they brought into the marriage and the couple must equally divide property and debt accrued during their marriage. These agreements help resolve complex issues in a less contentious atmosphere. This can expedite divorce proceedings and be more cost-effective. An attorney can help an engaged person consider options and protect their rights. They can help assure that a prenup is equitable and complies with California law.

Divorce has financial aftershocks

smohajer
November 13, 2017
family law
0 Comments

Divorce poses many problems that require consideration of finances and California’s family law. This is particularly true for older couples, especially those over 50-years old whose rate of divorce has doubled since the 1990s. One reality of marriage is that one spouse often controls the family finances despite the long-standing advice of experts. This dynamic can create significant difficulties for the other spouse when a marriage ends. If you find yourself in this situation, consulting an experienced divorce attorney in Arcadia is an important first step. Spouses should always begin to gather comprehensive financial information as soon as a separation becomes imminent. Major expenses and assets should be considered first. Health insurance is one of these issues. Spouses who are insured under their soon-to-be-ex spouse’s plan may continue coverage under COBRA for 36 months. However, this may be expensive because an employer does not pay a share of this expense. Medicare does not take effect until a person turns 65. Spouses should also consider their home ownership and whether either spouse intends to keep this asset. Keeping a home has distinct disadvantages because mortgage payments, maintenance, and repair costs can easily exceed a single spouse’s income. To safeguard your financial stability during this transition, speaking with an asset protection attorney in Arcadia can provide valuable strategic guidance. However, the cost of purchasing or renting another residence should be calculated. Alimony and child support responsibilities may play a role in mortgage approval and the applicant’s credit rating considered during the mortgage application. Many couples decided to continue joint ownership of their home until the children are out of school and because of rising housing prices. If this occurs, spouses should enter a clear agreement governing home improvements, insurance and taxes. It is never too early to consider retirement finances. Stay-at-home spouses may not be eligible for Social Security benefits if they were in the workforce for less than 10 years. However, the spouse may be able to qualify for half of the spouse’s benefits if the marriage lasted at least 10 years. The ex-spouse’s benefits are not reduced, and the ex-spouse is not notified if a spouse applies for these benefits. A qualified domestic relations order must be filed if a spouse intends to obtain part of their spouse’s contributions to a retirement plan such as 401(k). The recipient of these benefits can transfer them into an IRA or withdraw the money early without penalty. An attorney can help with this planning and seeking a fair divorce decree. An experienced legal team can also provide essential guidance on other family law issues, which is why contacting a complex property division attorney in Arcadia is highly recommended to protect your hard-earned retirement assets.

Custody of the debt after the relationship ends

smohajer
August 11, 2017
family law
0 Comments

At the end of a marriage, allocating debt and dividing assets are generally resolved through family law proceedings before a California judge. Unmarried couples, however, face significant hurdles when resolving debt issues without the built-in protections that a family law attorney in Arcadia would typically navigate during a divorce. A person’s conscience, instead of the law, may dictate debt payment. Credit cards are a prime example. When a partner accumulates debt on their ex-spouse’s credit card, the ex-spouse is responsible for paying it off. Car loans present similar challenges. When an individual co-signs a car loan for a vehicle belonging to their former partner, the co-signer remains liable for the debt if the former partner moves away or defaults on the payments. A former partner may file a lawsuit for unpaid debt; however, this process requires the payment of filing fees, and legal expenses may exceed the cost of retrieving the debt in many cases. If a partner is sued, they should not simply ignore the suit. Failure to answer a summons precludes later participation and defense against the complaint, making it critical to consult a civil litigation attorney in Arcadia. Many of these issues may be resolved through open communication about finances early in the relationship. Discussions should cover matters such as rent or mortgage payments and expenses like food, housekeeping and entertainment. Determining whether financial contributions are gifts or loans is also important. A written document, such as a prenuptial agreement or a cohabitation agreement, can help resolve these issues if a couple ultimately ends their relationship. This document operates like a contract that may be legally enforceable and clearly sets forth each partner’s financial responsibilities. These agreements also form the basis for identifying the couple’s assets and debts while encouraging a candid discussion about financial challenges. Partners may also consider entering a joint venture when purchasing major assets such as a house. This could make one partner responsible for paying the mortgage while the other partner agrees to pay for home maintenance. Another joint venture is where a partner agrees to pay for the partnership in return for the other partner’s work. An experienced family law attorney may assist partners with drafting these agreements and providing information on their options. They can also assist with seeking unpaid debt, property division and other legal matters if the relationship ends.

What if I fall behind in my alimony in California?

smohajer
June 21, 2017
family law
0 Comments

Family law issues in California can be complex and difficult to navigate in any circumstance, but when there is a former spouse who has been ordered to pay alimony to the other spouse and cannot keep current with them, it is the foundation for dispute. There are certain legal matters that must be understood with alimony and other support. If a spouse has been ordered to pay, it is an enforceable court order until it is changed or ended. It might also have a specified date at which it concludes. A person who has fallen behind in spousal support payments will be required to pay 10 percent interest on an annual basis for the balance. This is a matter of law and cannot be altered by the judge. When owing the past due support, there could be a court order or garnishment of wages to pay. Even if this is done, the interest will still accumulate. A failure to pay the support can lead to significant consequences. For a person who is willfully not paying, it is possible that there will be a finding of contempt. That can lead to being jailed. This is generally perceived as a last resort. The spouse who is receiving alimony might be able to get assistance in enforcement from the local child support agency. While this is for child support, it can also help child support recipients with the collection of their alimony. With any issue related to alimony and support, it can be an extended problem for everyone involved. It is usually preferable to avoid having to take the extreme steps of getting the courts involved, but sometimes it is necessary. No matter the situation, a legal professional experienced in family law can provide guidance and assistance with the paying or receiving spouse and any other factor in a case.

What does California family law do about paternity issues?

It is not uncommon for there to be a dispute over paternity in California. There can be numerous reasons for this, but there are certain common denominators when straightening the matter out. If the couple was married at the time of conception, then paternity is already established as the husband has the legal presumption of fatherhood. If, however, an unmarried woman has a child, it is necessary for paternity to be established so the child’s legal rights can be established. The court cannot make a child support order without paternity. Paternity can be established in the following ways: by legal agreement, through genetic tests and by proving it in court. With a legal agreement, both parents can stipulate the paternity and arrange for child support. There can also be custody and visitation as part of the stipulation. This can be done without having to go to court, but the court will need to approve it whether there is a court appearance or not. For genetic tests, each parent can ask for this to be done if the parents want biological proof of the paternity before naming the legal father. The local child support agency can ask for the genetic test just as the parents can. A man who is not the biological father can be excluded. It can also demonstrate with greater than 99 percent accuracy who the father is if he is tested. If there is a disagreement over paternity and there has not been a consent to have genetic testing, the court can order that it be done. A refusal can lead to a contempt of court. To prove paternity in court with the father refusing to take part in genetic testing, the court can establish paternity by considering factors such as the relationship between the couple, money that the man has paid to support the child, if there was an admission of fatherhood, gifts and correspondence the man has sent the child, details as to the child’s conception, information from other people who were aware of the relationship, and photos of the man with the child. When there are family legal issues regarding a child’s paternity, it can negatively affect everyone involved. It is essential to know who the biological father is. If there are problems with this from the perspective of the mother or the potential father, speaking to an attorney experienced in family law can help to deal with it.

Can income be withheld for child support in California?

When parents are ordered to pay child support in California, it must be adhered to under the law. If it is not, there are alternatives that the state can use to collect. This includes withholding income, also known as a wage assignment. With a wage assignment, the employer of the supporting parent will be required to deduct money from the paycheck to make the payments. This will be based on the most recent court order, but it can rise if the amount owed rises. The point of a wage assignment is to ensure that the child is receiving the support that he or she is supposed to. It is also beneficial to the paying parent because it creates a clear payment record, which can be important in broader family law matters. The wage assignment will continue until the parent is current on the child support. People are often concerned that a wage assignment can cost them their job. This should not be a worry as it is illegal for an employer to dismiss an employee because of a wage assignment. The employer must carry out a wage assignment if it is ordered. Failure to do so can result in the employer being held in contempt of court. The employer is provided with instructions to deduct the payments, but it is up to the parent to make certain that they are made on time and in full. There will be a child support statement and this can be compared to payment records to make sure the parent is credited for making the payments. In general, as much as half the net wages can be taken from the person to pay child support. If it is a special circumstance, as much as 65 percent can be taken. If the support order comes to more than half of the net income, the entire amount of child support will not be covered and the person will have to pay the difference. It might be possible to change the order if it comes to more than 50 percent of the parent’s net income, especially when related parenting or financial circumstances are also changing and require review by a child custody attorney in Arcadia. If the parent gets a different job or becomes unemployed, the child support agency must be informed. Whether the parent is working or not, the child support must still be paid. Numerous family legal issues and seemingly endless dispute can arise due to problems with child support. People who have concerns about paying or receiving child support must understand wage assignments. Speaking to an attorney experienced in these family law cases is key.

Category