Category

Legal Guidelines For Relocation Custody Cases After Divorce

Relocating with your children after a divorce or during a child custody case can be a complex and emotionally charged process. Whether you’re hoping to move for a new job, to be closer to family, or for a fresh start, the legal system prioritizes one key factor: the best interests of the children. But what does that really mean? And how do you navigate the legal hurdles to either gain permission to move or prevent your co-parent from taking your children away?   In this video, Sina Mohajer breaks down the essential steps for parents on both sides of a relocation case—what you need to do, how courts make their decisions, and how to build the strongest case for your situation. At Mohajer Law Firm, we specialize in family law and are here to simplify the legal process for you. Read on to learn how to protect your rights and make informed decisions for your family’s future. Transcript: Whether you’re involved in a divorce or a custody battle, if you have kids and you’re looking to relocate to a different state or somewhere far away, this video is for you. In this video, we’re going to tackle exactly just that—what to prepare for, what you need to do in order to help your chances in relocating, or if you’re on the other side, to prevent those kids from leaving. Hi, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, civil litigation, criminal defense, and personal injury. In these mini-series, I like to tackle complex issues and simplify them for our viewers in order to give you that information and know-how to handle your case more effectively, or just simply to answer some questions that you might have about your case. So, if you’re new to this channel, welcome. Hit that like button and don’t forget to subscribe so you’re always in the know about any new videos being posted. And without further ado, I welcome you all to A Walk in the Park. No Pending Action If you don’t have a pending action, then there are technically no laws in place that prevent you from doing whatever it is that you want to do with your kids. But does that necessarily mean that you should go ahead and move and relocate with your kids without going through the proper channels? Number one is always having a discussion with the other parent and getting consent. Now, it may be the case for your particular situation that you could just pick up and leave, and nothing bad will happen later on. But that’s why it’s important to talk to a seasoned family law attorney to understand what kind of ramifications your actions may have if you do decide to move and relocate without going through the proper steps. Pending Action But if you do have a pending action, then there’s an automatic temporary restraining order in place. That prevents you or the other parent from relocating with the kids without the written consent of the other parent or a court order. And if you do have a court order in place, whether it’s a temporary order or a permanent judgment, then you want to look at those documents, within those four corners, to determine what you are allowed to do and what you are not. But odds are, if there’s a pending action or there was a pending action that has now been finalized, you’re going to need to either A) have the consent of the other parent before you move, or B) go to court and get permission from the court. Other Parent Doesn’t Give Consent So, what happens if the other parent doesn’t give you the consent? What do you do next? Your only other option is to file paperwork with the court and get permission from the court in order to relocate with the children. Request for Order But how do you do that? Well, you have to do it through a formal motion. You need to fill out your paperwork, what’s called an “RFO” or Request for Order, schedule a hearing date, and establish the requirements needed for the court to give you that permission or possibly deny it. Best Interest of the Kids One of the main factors to consider is always looking at what is in the best interest of the kids. The court doesn’t care about your interests. They don’t care that your family lives in Ohio or that you have a better-paying job there. They don’t care that the cost of living in California is so expensive that you can’t even maintain rent. Sure, all of those things I just mentioned can be related to the best interests of the kids, but that’s the key—to relate everything back to the children. Take the spotlight off yourself and put it back on the kids. What’s the Plan Should You Move? One main factor that you want to look at is what the plan will be if you move. Set out a detailed plan for the court to establish: One, what school the kids will go to, how that compares to their current school, and whether it is a better school or of equal value. Two, whether you have family elsewhere and if there is no family here to provide familiarity and support for the children, allowing them to build bonds with aunts, uncles, grandparents, or even cousins. Visitation Schedule Another factor to keep in mind is how the visitation schedule is going to be, if the court were to give you that permission. Going into court and just asking to move is great, but if you don’t have a plan for how the kids will maintain their relationship with the other parent, your odds of winning that hearing are slim to none. Again, the most important factor is the best interest of the children. Presumably, in the state of California, the best interest of children is to have consistent and continuous contact

Continue Reading Legal Guidelines For Relocation Custody Cases After Divorce

Top 5 Mistakes in Child Custody Battles

Custody battles can be emotionally taxing and legally complex. In the video below, Sina Mohajer of Mohajer Law Firm, based in Arcadia, California, highlights the top five mistakes commonly seen in child custody cases. Avoiding these behaviors can help you secure the best outcome and maintain a healthy co-parenting relationship. If you’re navigating a custody battle or have questions about your rights as a parent, contact Mohajer Law Firm today for a personalized consultation. Our legal experts are here to guide you through this challenging process. Transcript: Hey, welcome back to our channel. For those who don’t know me, I’m Sina Mohajer from Mohajer Law Firm, located right here in Arcadia, California. We specialize in family law, civil litigation, criminal defense, and personal injury. Now, you might have noticed some time has passed since we filmed our last video, and for good reason. I’m happy to announce that our firm has been growing. We’ve moved into a bigger location, allowing us to hire more staff to take on more cases. And I’m even happier to announce that our success rate has only increased. So if you’re new to this channel, welcome. Please don’t forget to hit that subscribe button so you’re always informed of new videos being posted. And I do have to take this time to thank those who have been subscribing and have specifically sent us messages during this time that we’ve taken a break. I’ve received them all and I’ve read them all. It truly warms my heart to see that the content we provide, the information that we’re providing to you, has really been helpful in your life, in your case, and to those that you love. So thank you so much. They have been heard loud and clear, and that is why we are back, baby. So without further ado, I’d like to welcome those who are returning and those who are new to our new series called A Walk in the Park. Top 5 Mistakes in a Child Custody Case In today’s video, I want to specifically address, in my opinion, the top five mistakes that I see in any type of child custody litigated battle. 1. Parents Don’t Prioritize Child’s Best Interests The first one being that parents do not prioritize the childrens’ best interest. Now, the family code specifically states this is what judges have to abide by—what is in the best interests of the children in order to come up with some type of custody or visitation schedule. By the parents not taking into consideration or even prioritizing the best interest standard, it really sets you back when you’re in court asking for a certain type of relief. 2. Badmouthing the Other Parent Mistake number two that I see, and happens more often than not, and I don’t know why, is one parent making disparaging comments or badmouthing the other parent, either directly to the children, around the children, or within earshot. But more importantly, let me leave you with this as well. Even if you’re not doing any of that, your attitude, your demeanor, the vibe that you’re sending off when you’re with your kids—if you have any animosity about the other parent—that comes off, and the children are like sponges. They can see that you weren’t happy with the other parent, and that ends up affecting their relationship with that parent as well. If the court can see that, you’re in a lot worse condition than you were had you been keeping those comments and that energy to yourself. 3. Don’t Keep a Journal of Visitation or Parenting Time Now, mistake number three that I see is that parents do not keep a log or a journal of visitation or parenting time. A lot can happen in a month, two months, or three months when you want to be sure that you can address these issues with the court. Not having a log or journal, it makes it very hard for the court to believe that these incidents even occurred. Having detailed information, such as, on this particular date, the other parent was late for pickup or late for drop-off, or there was an incident that occurred at the exchange, makes you a more credible witness when the time comes to go in front of the judge. 4. Not Following Court Orders Now, mistake number four that I see is not following a court order. It’s really simple, folks. If the judge orders you to do one thing, you follow it to the tee. The fact that the other parent has violated the order or did something improper does not negate the fact that you don’t have to follow the court order. So we want to make sure that when we’re entering into that courtroom, we have clean hands so that way we can point the finger at the other parent and demonstrate to the court that they’re not effectively co-parenting or they did something improper. 5. Use Children as Leverage Now, mistake number five that I see in all of this is using the children as leverage. These kids are innocent bystanders in your battle about custody or divorce or what have you. Don’t let them play a part in this and definitely don’t use them as leverage. When the court sees that, they can’t trust you to be the primary custodial parent. I have seen judges take away custody from a parent simply because they are using the children as pawns. They are not [pawns]. They are kids, and they are innocent in all of this. And because the first mistake I talked about was the best interest standard, the court’s going to look at that over your interest any day. Contact a Child Custody Lawyer So if you have questions about this video, or specifically, about your case and different nuances that are occurring and you’d like to speak to an attorney, I welcome you to contact us and schedule your consultation. I’m happy to

Continue Reading Top 5 Mistakes in Child Custody Battles

What to Expect When You Are Charged with a Crime in California

Navigating the legal system can be overwhelming, especially when you are charged with a crime. In the video below, Sina Mohajer of Mohajer Law Firm provides a clear and concise overview of what to expect during each stage of a criminal case. From arrest to trial, learn about your rights, the legal process, and how having a skilled attorney can make all the difference in protecting your freedom and future. If you have questions about criminal allegations or need immediate legal assistance, call Mohajer Law Firm today for a consultation. We’re here to guide you every step of the way. Transcript: Hey, welcome back to our channel. For those of you who don’t know me, I’m Sina Mohajer with Mohajer Law Firm, located right here in Arcadia, California. We specialize in family law, civil litigation, criminal defense, and personal injury. Now, you might have noticed quite a bit of a gap of time from our last video until today, and that’s for good reason. I’m proud to announce that our firm has been growing. We’ve moved into a bigger location to allow for more staff to take on more cases and to help out our community. And I’m even happier to announce that our success rate has only increased. So for those of you who are new, welcome. And I introduce our new series called A Walk in the Park. What to Expect When Facing Criminal Allegations In this particular episode, I want to address the steps that you can expect if you are accused of committing a crime. Arrest Now, the first step is usually going to be an arrest. Not every crime warrants arrest, but for the most part, you’re going to be arrested. And at the time of the arrest, it’s important to know what to expect so that way you’re fully informed of your rights. During the time of arrest, you’re going to be read your Miranda rights, and that is the right to remain silent and the right to have an attorney. So at any given point, if you do not want to answer any further questions, you have the right to request counsel to be present. Bail Hearing After the arrest, chances are there may be a bail hearing. And that’s not for every case. It depends on the severity of the allegations or the crime being committed. If there is a bail hearing, that gives us the opportunity to address the court to limit the amount of bail or to absolve it completely. But at that point, we get to determine and find out how much it is going to cost and allow you to be released from jail, to be out in public, go back home, and to your loved ones while we try this case. Arraignment The next step in this phase is going to be the arraignment. This is the very first time you’re going to show up in court for the charges being alleged against you. During the arraignment, your job is very simple and straightforward. All you’re going to say is “not guilty.” The court is going to read your rights. The court is going to read the allegations into the record, and they’re going to ask, “How do you plead?” You have two choices. You either plead guilty or plead not guilty. And we’re going to go with the latter. Pre-Trial Conference After the arraignment, every hearing after that until your trial is going to be called the pre-trial conference. At any time in a pre-trial conference, that gives us the opportunity to gather the discovery and the evidence that we need for your defense, as well as to discuss your case with the district attorney who’s running this case to see if we can negotiate any type of plea bargain. Trial After the pre-trial, if we cannot resolve your case at that point, that’s when we start preparing for trial. This is where the battle begins. Jury Selection At the time of trial, we’ve got to select our jury first. That means the 12 individuals who we want to sit there to listen to all the evidence and to judge whether you’ve committed that crime or not. Opening Statements After the jury selection is going to be the opening statements, which is so important because this is the very first time the jury is going to hear from us as to what actually occurred, what defenses we have, and whether you should be found guilty or not. Present Evidence After that is where we present evidence. The state has to present their evidence to show that you actually committed the crime that they’re alleging. This gives us the opportunity for your defense and poking holes wherever we can and presenting a more solid defense than they can in their case in chief. Contact a Criminal Defense Attorney in Arcadia At the end of the day, if you have any questions about your case, if you have been experiencing any type of criminal prosecution, by all means, feel free to give our office a call. I offer initial consultations. I’ll be happy to sit down with you one-on-one.

Continue Reading What to Expect When You Are Charged with a Crime in California

What to Do After a Slip and Fall Accident

Slip and fall accidents can happen unexpectedly, but knowing the right steps to take afterward can make all the difference in your recovery and legal case. In the video below, Sina Mohajer of Mohajer Law Firm, based in Arcadia, California, provides essential guidance on what to do immediately following a slip and fall incident to protect your rights and maximize your claim. At Mohajer Law Firm, we specialize in personal injury cases, family law, criminal defense, and civil litigation. With years of experience helping clients recover damages for slip and fall injuries, our team is here to guide you every step of the way. If you’ve been injured in a slip and fall accident, contact Mohajer Law Firm today for a one-on-one consultation. We’ll review your case and provide expert guidance on how to proceed.  Transcript: Hey, welcome back to our channel. For those of you who don’t know me, I’m Sina Mohajer, with Mohajer Law Firm located right here in Arcadia, California. We specialize in family law, civil litigation, criminal defense, and personal injury. Now, you might have noticed quite a bit of gap from the last video until today, and that’s for good reason. I’m proud to announce the growth of our firm. We’ve moved into a bigger location to allow for more staff to take on more cases and to help out our community. And I’m even happier to announce that our success rate has only increased. So, for those of you who are new, welcome. Please don’t forget to subscribe so you’re always informed of any new videos being posted. And without further ado, I welcome you all to our new series called A Walk in the Park. Essential Steps to Take If You’ve Been Injured in a Slip and Fall Accident In this particular episode, I want to address the steps you should take if you’ve been injured in a slip and fall accident. Now, when that time does come, it’s very possible that you just want to jump right back up on your feet, brush off your injuries, and pretend it never happened. But it’s very important to take these key steps in order to ensure the maximum recovery that we can get for you when dealing with your claim or litigating your case. Collect Evidence The very first thing, and I cannot emphasize this enough, is evidence, evidence, evidence. Without it, you’ve got nothing. So, it’s very important when you are injured in a slip and fall to take photographs of your surroundings, take photographs of any potential injuries that are apparent at that time, talk to bystanders, figure out what they might have seen, if there could be potential witnesses, and at least get their contact information so that we can reach out when the time is right. Contact the Property Owner Another important step is to make sure that you reach out or contact the property owner or the manager. Without giving them notice, who’s to say you even fell to begin with? So, it’s very important to let them know that you did fall, you were injured, and for them to be aware of the situation. If they give you anything to sign, absolutely do not sign any documents they give you, and do not make any affirmations that you’re fine and you’re okay. Definitely don’t build up any injuries that aren’t there. We certainly want to play by the book and play by the rules. So, it’s important that you’re only giving notice and nothing more. Seek Medical Attention The next key thing to do is to seek medical attention. At the end of the day, our goal is to ensure that you are made whole. If you are injured, to get the recovery and to get the treatment that you need in order to recover so you can continue and enjoy your life as such. By not seeking medical attention immediately, not only does it affect your case, but it can also affect your health. And that is our number one priority with Mohajer Law Firm. So, it’s very important that you do seek out. Don’t worry about what attorney sends you to which medical professional. Seek out your primary or go to urgent care. Seek Legal Counsel The next strongest recommendation I can give you when you are injured in a slip and fall is to seek legal counsel. More times than not, you’re going to receive a higher recovery if you are legally represented than if you were to handle the claim yourself. We will do everything from start to finish—opening the claim, gathering the evidence, sending the appropriate evidence that the adjuster will need in order to determine what they are offering to settle out your case. If we cannot reach a settlement, we litigate your case and we go to battle for you. We will take it all the way to trial and demonstrate the impact that the injury had on you and what you do need to receive in order to be made whole. Contact a Slip and Fall Injury Lawyer If you have questions about your case, please call our office. We are happy to sit down with you one-on-one to discuss your case in more detail.

Continue Reading What to Do After a Slip and Fall Accident

A Step-by-Step Guide to Divorce

Filing for divorce can be an emotional and complex process. In the video below, Sina Mohajer of Mohajer Law Firm, based in Arcadia, California, breaks down the divorce process into the major steps, from filing the initial petition to navigating settlement agreements or trial. At Mohajer Law Firm, we specialize in family law, including divorce and custody matters. Our experienced team is here to guide you through every stage of the process. If you’re considering filing for divorce or have questions about your legal options, contact Mohajer Law Firm at (626) 569-5200 for a one-on-one consultation. Transcript: Hey, welcome back to our channel. For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm, located right here in Arcadia, California. We specialize in family law, criminal defense, civil litigation, and personal injury. Now, you might have noticed we’ve taken quite a bit of a break from our last videos, and for good reason. We’ve gotten extremely busy with the firm. We have been growing, taking on more cases. We’ve recently moved to a bigger location, allowing us to hire more staff to help the legal community and assist with their particular cases. I have to take this opportunity to thank all those who sent me messages inquiring about when we’re going to start these videos back up again. It truly warms my heart to find out that the content we provided was useful and informative to the viewers. So, thank you to those who have been sending those messages. We’ve received them loud and clear. If you’re new to the channel, please hit that like button and subscribe as well, so you’re always informed of any new videos being posted. If the content in any of these videos has been helpful to you or you think it might be helpful to someone you know, please share the video. At the end of the day, we’re here to provide knowledge and information to our community to better serve them.   Filing for Divorce Now, without further ado, I’d like to welcome those who are new to the channel and those returning to our brand-new series called A Walk in the Park. In this video, we’re going to discuss the divorce process. I want to provide you with a step-by-step guide on what to expect when you file for divorce. I’ve got a lot of other videos in the library that dive deeper into the nuances and details of every stage. So, if there’s any time when you’re confused about something I said, please go back and look at those videos for more information. But for today’s purposes, we’re going to keep it breezy. Step 1: Petition for Dissolution of Marriage Step one is you’re going to need to file the initial petition for dissolution. When you do so, you are essentially suing your spouse, but not in the same sense as a personal injury case or a breach of contract case. In this instance, you are suing your spouse and requesting the court to finalize your divorce, sever the marriage, and allow you to start a new chapter in your life. So, the first stage is the petition. Once you’re done with the petition, you need to properly serve the respondent, or in other words, your ex-spouse. To serve them, you’ll either need to do it personally or they will need to accept service in any other fashion where they sign an acknowledgement and receipt of that service. Step 2: Preliminary Declaration of Disclosure Stage two of the process is your disclosure requirement. In any divorce case, you’re required to provide your Preliminary Declaration of Disclosures. This sets forth all the assets and debts you believe the community has and designates other assets and debts that might need to be characterized as separate property. This step is crucial to facilitate and move the case forward. Without the Preliminary Declaration of Disclosures, the court does not have jurisdiction to terminate your marriage, so it’s very important to meet this requirement. Step 3: Discovery and Settlement Discussions Stage three of the process is the discovery stage or potential settlement discussions. If you and your spouse can come to a full agreement on all terms—including spousal support, child custody, visitation, child support, and the division of assets and debts—you can avoid making a court appearance altogether. In stage four, you would prepare a stipulated judgment. But in stage three, you start discussing settlement terms to figure out which issues you can agree on and which you cannot. Step 4: Stipulated Judgement or Trial Stage four of the process, if you have an agreement, involves preparing your paperwork for a stipulated judgment. This document sets forth all the rules and agreements you and your spouse have entered into. Once the court finalizes it, you’re done and can start your new chapter as a single person. However, if you can’t come to an agreement on every issue, this is when you’ll take the case to trial. At trial, you’ll present evidence and speak to the judge, who will determine how things are divided or when you get to see your children. Contact Us If You Have Questions About Filing for Divorce If you have any questions about your particular case, or if anything in this video raised further questions, I welcome you to contact our office and schedule a consultation with me. I’d be happy to sit down and discuss your case in more detail.

Continue Reading A Step-by-Step Guide to Divorce

Alimony vs Spousal Support: What’s the Difference?

Are you going through a divorce in California and wondering if there is a difference between alimony and spousal support? Alimony vs Spousal Support Basically, they are the exact same thing. Alimony and spousal support are interchangeable terms that are used in court to establish the amount of support that one spouse has to pay to the other. Normally, it’s broken down into whether the marriage is a long term or short term marriage to determine the duration of the alimony or spousal support order. While generally the terms are used interchangeably, every state is different. In California, we use the term spousal support to discuss this topic. Contact Mohajer Law Firm Regarding Spousal Support in California Mohajer Law Firm are experts in family law and can help you navigate your divorce in Arcadia or the Greater Los Angeles area. Contact us for an initial consultation to speak with our attorneys. Simply message us through our website or call us today at 626-569-5200.

Continue Reading Alimony vs Spousal Support: What’s the Difference?

Is Child Support Considered Income in California?

In California, child support payments are typically not considered income for the recipient, meaning the party who is receiving the child support payments. Is Child Support Taxable? Is Child Support Tax Deductible? According to the California Family Code section 4058, child support payments are meant to cover the child’s expenses, and thus are not taxable income for the parent receiving the support. Similarly, they are not tax deductible for the parent making the payments. Determining Child Support Payments Child support is considered based on each parent’s income, as well as the time share each parent has with the minor child, or children, along with many other factors. Every family court uses the same type of calculation to determine what is the statewide guideline support amount, meaning the minimum amount a parent must pay to help support the minor children or child. Use of Child Support The recipient of a child support payment can use the funds in any way they deem appropriate. They do not need to provide an accounting. They can use it on food, rent, or clothing. They can add it and commingle it with their own accounts to pay for gas, pay for clothing, for anybody, whether it’s themselves or the children. There’s zero accounting or any auditing being done on the funds used from the child support received. Contact Our Child Support Lawyers Mohajer Law Firm are experts in family law and can help you and your family navigate your divorce and child support needs in Arcadia or the Greater Los Angeles area. Contact us for an initial consultation to speak with our attorneys. Simply message us through our website or call us today at 626-569-5200.

Continue Reading Is Child Support Considered Income in California?

What are the consequences of not paying child support?

What Happens If You Don’t Pay Child Support In California? Experienced family law attorney Sina Mohajer of Mohajer Law Firm looks at the consequences of not fulfilling child support obligations. As a seasoned legal professional practicing in Greater Los Angeles County since 2012, Sina Mohajer offers valuable insights into the legal implications of failing to meet child support requirements and provides guidance on navigating this complex issue. If you have child support orders in your family law case, you may wonder about the potential consequences if you cannot make your child support payments. In this video, attorney Sina Mohajer explains the basics of child support, why it’s ordered, and what happens if payments are missed. Discover the consequences of not meeting child support obligations, depending on whether the case is managed by the Department of Child Support Services (DCSS) or through the family court system. Sina Mohajer outlines the potential actions taken by DCSS in California, such as suspending driver’s licenses and intercepting tax refunds, as well as the accumulation of arrears in the family court context. Gain clarity on the relationship between child support and custody arrangements. Sina Mohajer dispels the misconception that non-payment of child support can result in a loss of custodial time. Understand that child support and custody decisions are evaluated separately, with the court prioritizing the child’s best interests in custody matters. If you’re facing challenges with your child support case, it’s essential to consult an experienced family law attorney like Sina Mohajer. For personalized legal advice and assistance with your specific case, don’t hesitate to reach out to Sina Mohajer and Mohajer Law Firm. With their dedication to advocating for clients’ rights and navigating complex legal matters, you can trust their expertise in guiding you through your family law journey. If you have any questions or would like to speak with a skilled attorney about family law, contact Mohajer Law Firm today at (626)569-5200. Transcript: If you have child support ordered in your family law case, I get asked a lot of the times, what happens or what are some consequences if I end up not being able to make my child support payments? Well, I’ve got other videos that talk about how child support is ordered or what factors are used to determine the amount. But in this video particularly, I want to talk about briefly, what is child support? Why it’s ordered. What happens if you don’t make your monthly payments? What you should do if you’re unable to make your payments, as well as, can you lose custody if you do not make your child support payments? Hi, I am Sina Mohajer. I’m a family law attorney practicing in greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association, and I’ve been rated by Super Lawyers since 2019. What Is Child Support? So what is child support? Well, child support is an order that makes one parent pay money on a monthly basis to the other parent in order to help facilitate or aid that financial burden that comes with having a child, whether it’s for food, shelter, clothing, or what have you. Now, you can’t dictate what your money is used towards, so that means the other parent can use it on rent, can use it on gas, can use on whatever, it’s to help financially support the kids. It’s not dictated onto what it can be used. Why Is Child Support Ordered? But why is child support even ordered? Well, child support is ordered because the child is between you and the other parent. The state has no financial obligation to support that child. But if you end up not making enough or not paying enough and that other parent is unable to financially support that child, what happens is that they go to the government and seek aid. At that point, it’s taxpayer dollars paying for a kid that they do not help bring to this world. What Happens If You Fail to Make Your Child Support Payments? So what happens if you fail to make your monthly obligation for child support? Well, that depends. DCSS In California If it’s going through the Department of Child Support Services (DCSS), where they’re that entity that’s collecting this monthly payment, or they can do certain things to ensure that you pay your child support payments. For example, they can suspend your driver’s license. They can revoke your passport. Or they can even intercept any money that’s coming back from the IRS for tax purposes or any way that they can get their hands on your money, they are allowed to do it and they have the authority to do it. Family Court System But if it’s going through the family court system, then it’s a little different. What happens is you basically end up building up arrears, which means it’s backpay of what you have to pay to the other parent and that doesn’t go away. And backpay can be as little as a $1,000, $2,000. But I’ve seen as high as $100,000 where people are paying it after the kids have gone to college, gotten married and they’re grandparents. So it’s very important to try to limit the arrears or even prevent it altogether. Which leads to the next question. What Should You Do If You Are Unable To Make Your Support Payments? What should you do if you are unable to make your monthly support? And this happens more frequently than anything. I’ve got clients who have a child support order that they’re required to make every single month, but then they lose their job or they get laid off or their hours are decreased and they do nothing. So what happens is, you would think that your child support would automatically adjust, but that’s not true. In fact, the court requires you to keep making that court ordered monthly payment until the court modifies that order. So what

Continue Reading What are the consequences of not paying child support?

Do surrogate mothers have parental rights?

In this video, Sina Mohajer discusses what it means to be a surrogate mother. And second, does that individual have any custodial rights with that child? Are you curious about surrogacy in California and surrogacy laws? In this video, Sina Mohajer, a family law attorney, discusses a vital question: “Do Surrogate Mothers Have Parental Rights?” Surrogacy is a fascinating yet complex arrangement. It begins with a contractual relationship where potential parents hire a surrogate mother to carry the child to term. There are specific do’s and don’ts agreed upon in the surrogacy contract before engaging in surrogacy. How does one become a surrogate mother? How does this contract define the relationship between the surrogate and the intended parents? After the delivery of the child, does the surrogate mother have any legal claim or custodial rights over the child? The answer is a resounding no. Sina explains why the child doesn’t belong to the surrogate mother and what happens once the child is delivered. The terms of the relationship are crucial. If the intended parents and the surrogate agree on maintaining a connection or relationship post-delivery, the surrogate contract must explicitly state it. Each surrogacy case can have unique terms, but the rights and obligations of all parties are typically defined before the process begins. This video is for informational purposes only and is not legal advice. Always consult with a qualified attorney for advice regarding your specific situation. If you have any questions or want to speak with a skilled attorney about family law, contact Mohajer Law Firm at (626)569-5200. Transcript: I’m sure you see my other videos where I discuss custody and visitation between two parents. But what happens if we have a surrogate mother, a third party? What does that mean? First of all, what does it mean to be a surrogate mother? And second, does that individual have any custodial rights at all with that child? Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association, and I’ve been rated by Super Lawyers since 2019. What Is a Surrogate Mother? So what does it mean to be a surrogate mother? What does it mean to have surrogacy? Well, it’s a relationship that starts off contract, where potential parents hire a contract with an individual, a woman, who would be able to carry the term of that child up until the time of labor. Now, because it’s based on a contract, there’s a lot of do’s and don’ts that you two agree to prior to becoming a surrogate mother. Custodial Rights of a Surrogate Mother? But the question is then, upon delivery of this child, does this individual have any custodial rights to that child? The easy answer is no, they don’t. Why? Because this child doesn’t belong to the surrogate mother. Their body, or their womb, is basically being used as a lease temporarily to help nurture this child and grow upon delivery. The moment that child is delivered, the contract is done and there’s no longer a relationship. Surrogate Contract But remember how I said in the beginning, before the person becomes the surrogate mother, everyone agrees to all the terms. And that’s why it’s very important to always revert back to that. If the three of you or the two of you decide that you would like the surrogate mother to have some type of relationship or connection with this child upon delivery, then you can agree to that, but you’re not required to. Contact Us About Your Surrogate Mother Custody Case If you have questions about your child custody case or you have some complex nature that you are trying to figure out what to do, feel free to give our office a call. I’ll be happy to schedule an initial consultation and sit down with you one on one.

Continue Reading Do surrogate mothers have parental rights?

Does the length of marriage affect alimony?

Does the length of marriage affect alimony? How is alimony calculated? In this video, Sina Mohajer discusses the difference between temporary and permanent support, as well as how it’s calculated, and what factors play a role in how long you can receive spousal support based on the duration of marriage. If you have any questions or would like to speak with a skilled attorney about family law—including alimony payments—contact Mohajer Law Firm today at (626)569-5200.  Transcript: When you’re involved in a divorce proceeding, one of the most contentious issues litigated is spousal support. Now, you might have seen, and if you haven’t, please check out the rest of the videos. But I discuss in detail the different nuances of spousal support, or alimony, in the state of California. But in this video, I want to concentrate on a few issues. One, what is alimony? What’s the difference between temporary and permanent support, as well as how it’s calculated, and what factor plays in as to how long you can receive spousal support based on the duration of marriage? Hi, I’m Sina Mahajar. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association, and I’ve been rated by Super Lawyers since 2019. What Is Alimony? So what is alimony? Well, we use it interchangeably with spousal support or alimony. It’s the same thing. Basically, it’s support from one spouse to the other in order to maintain that same standard of living that you two lived when married. Temporary Spousal Support vs Permanent Spousal Support Now, the difference between temporary and permanent really comes out to, at what stage in the proceeding you’re in. Temporary support is usually ordered during the duration of the pendency of your case in order to maintain that same standard of living. Permanent support is usually decided at the time of trial or at the conclusion of your case. How Is Alimony Calculated? The way the court calculates it is that we use a software called DissoMaster, as I previously discussed in other videos for temporary support. But when it comes to final determination for more permanent support, we look at Family Code 4320. 4320 lists a certain number of factors that the court has to analyze in determining how much support should be ordered from one spouse to the other. Length of Marriage and Alimony Now, the duration of marriage is a huge factor in determining the duration or the length that spousal support needs to be paid. If you’ve had a long-term marriage of 10 years or more, then permanent support is indefinite, until one of you passes away, the person who’s receiving support remarries, or the court terminates jurisdiction of spousal support. But if you have a short-term marriage, anything below 10 years, then it’s usually paid for half the duration of the marriage. If you were married for six, you get three years of support. Legal Help with Alimony in California If you have questions about your case, or you would like to discuss other options pertaining to the pendency of your case, feel free to give us a call. I offer initial consultation.

Continue Reading Does the length of marriage affect alimony?