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FAMILY LAW |
Family law is the area of law that deals with family
relationships. Although the most common family law matter is divorce (known as
“dissolution of marriage”), family law includes many other issues such as
spousal support (alimony), division of marital assets, child custody and
visitation, and child support.
Family law issues often create profound stress and are often the beginning of
major life changes. Perhaps the most significant and |
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play a role in any divorce is the attorney.
Our firm works closely with you and your family members to fashion agreements on
these difficult issues that will work for you. We understand that every family
is different, and that every client deserves personalized legal solutions. We
take the time to get to know you and understand your particular circumstances. Due to the personal nature of family law, it is important
to be in good hands. Please call our office for a free consultation or explore the
links below for more information:
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Custody of minor children (those under 18 years of
age) is often a major issue.
 Before
the separation, each parent
enjoyed full custody of the minor children. After the separation,
custody of the minor children is divided between the spouses. As a
result, custody of the children is divided and the result can be a
60/40 time share, 50/50 time share, or it could be divided on some
other percentage basis. The parties can agree to an appropriate time
share or the court will order a time share that is in the "best
interest of the children."
The care and upbringing of children following divorce is often an
ongoing source of conflict for divorcing parents. Custody must address
both physical custody, or the rights and responsibilities regarding
the day-to-day care and activities of their children and legal
custody, or the legal rights and responsibilities associated with the
child's upbringing. A couple can agree to an arrangement. If no
arrangement can be reached, the court determines one for them. Courts
are favoring joint ongoing child rearing responsibilities, with the
children residing where it is most practical and where they will
flourish best.
Divorcing couples often tackle custody and visitation issues as soon
as they separate. Courts generally honor any custody agreements
divorcing parents reach regarding their children. When custody is
contested, most courts will require parents to participate in a
mandatory mediation session. If mediation is unsuccessful, the court
will determine custody. Courts generally reach decisions about custody and visitation after
considering what arrangement will serve the best interests of the
child.
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 Biological parents must financially support their children. That
obligation usually lasts until the child reaches "the age of majority"
(18 years) or becomes self-supporting. The responsibility to provide
support in the form of regular payments generally arises when one
parent has primary custody of the child. An order for child support
may be entered during or after a divorce. Either parent may be ordered
to pay support depending upon how custody is arranged. An unmarried
mother may also file a petition for child support in family court and
an order for support will be entered once paternity has been
established.
Child support is one of the most contentious issues in family law, and
California child support issues are no exception. While many people
don't realize it, most state child support laws are fairly fixed, and
don't take into account such things as what your or your ex's actual
child-related expenses are.
The child support laws of most states look at only a few factors,
and you may find that your California child support award takes into
account only:
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How much you earn;
How much your ex earns;
How many children you have; and
What percentage of time the children are under each parent's
care and control
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Sometimes, although not often, a court will consider expenses which
it may consider extraordinary, however that is the exception, not the
rule. Nor does the court usually really care how much rent you pay,
how much your mortgage is, or what your other living expenses are. Some exceptions to the above rule include the cost of child care if
it is required during the custodial parent's work hours, or while they
are going to school in an effort to create better job opportunities
for themselves. In those situations, the non-custodial parent will
often be ordered to pay part or all of that child care expense. The
same will often hold true for medical expenses which are not covered
by insurance, and if the children are not insured through the
custodial parent's employment, the noncustodial parent may also be
ordered to pay for medical insurance for the children.
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A divorce is a method of terminating a marriage
between two individuals. As such, a divorce ends the marital union and
it gives each person the legal right to marry someone else. It also
legally divides the couple's
 assets and debts and
determines the care and custody of their children.
California is a "no fault" divorce state. This means that the court
does not need a reason to divorce the parties; it will grant a divorce
at the mere request of either party. In fact, the court will almost
always refuse to even hear the reasons why the parties are divorcing.
Accordingly, the reason for your divorce is of almost no importance to
the outcome of your case.
Additionally, parties who no longer wish to live
together as husband and wife can also choose to file for Legal
Separation, rather than for Dissolution of Marriage. Legal Separation
is a legal construct that provides the same financial and custodial
options as dissolution, but without the granting of a divorce. In
actuality, the Dissolution or Legal Separation portion of your case
will be the easiest and least time consuming part. Instead, most of
our shared time and efforts will be spent on issues of child custody,
child support, spousal support, domestic violence, and the division of
property.
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In California, the general
presumption is that all property acquired during a marriage is
Community Property, and should be split equally following a divorce.
The same presumption applies to marital debts;
 any
liabilities incurred during the marriage should also be split equally
following a divorce. The process of identifying what truly is community
property and dividing it can be very difficult. Over the course of a
marriage assets can become mixed. A separate asset may be used to
acquire a portion of a community asset. Identifying and valuing
community property can be hotly contested, and can lead to costly and
time-consuming litigation.At the Law Offices of Bob Nehoray, we are
experienced divorce and family law attorneys. We have extensive
experience in all types of property division matters, particularly those
involving large or complex assets. Our knowledge and experience in such
matters will be of great help to you in securing and protecting your
assets. We work with you, the opposing party, and the judge to find a
fair and reasonable solution to your community property dispute. |
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Spousal support, also called alimony,
is often a very emotional subject for both parties. When marriage
partners are dealing with the stresses of a loss of their marital
relationship, they sometimes have a difficult
time in understanding why they have to support their former spouse, or
why their spouse is not required to support them.
One party may be awarded spousal support from the
other party. Spousal support allows the dependent spouse to
receive payments for his/her day-to-day necessities, such as food,
clothing, shelter, and health insurance. Whether or
not spousal support is awarded is a complex issue and involves
numerous factors, including:
- each spouse’s income
- the earning capacity of the dependent spouse
- the dependent spouse’s prior education and employment ability
- the ability of the independent spouse to pay support
- the established way of living throughout the marriage
- the assets and separate property of each spouse
- the age of each spouse
- the health of each spouse
- any abuse that occurred throughout the marriage
Once the court carefully reviews these factors, temporary or
long-term spousal support may be rewarded to the dependent spouse.
The extent and amount of the spousal support will be determined by the
court, and will be in accordance with all of the factors that were
used in determining the award.
The parties may agree to the amount and duration of
spousal support or may even agree to a lump-sum buyout. If the parties
cannot agree, the court will make orders for the amount and length of
spousal support, or may reserve the issue or terminate either or both
of the parties' rights to receive support.
To navigate within the legal guidelines, ambiguities, special
circumstances, and individual concerns, people require the expertise
of an experienced Spousal Support attorney. At the Law Offices of Bob
Nehoray, our attorneys are available to advise you regarding your
options and help aggressively negotiate the most beneficial results
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Paternity |
When an unmarried couple has a child, either parent may bring an action
to establish the parentage of the child (paternity action), and have the
court set child custody and visitation as well as child support. A
Petition to Establish Parental Relation must be filed in order to
ascertain parental rights and obligations, even if both parents do not
dispute the parentage of the child.
If the parents do not dispute the paternity of the child, then a
genetic testing is not necessary. However, when the parents don’t agree
regarding the parentage, the court will order a DNA test. Furthermore,
if a child is born to a married couple, the husband is presumed to be
the father of the child unless a genetic test proves otherwise. If you are seeking to obtain custody and visitation of your child or
if you need to establish child support or terminate support you are
paying for a child you believe not to be yours, contact the Law Offices
of Bob Nehoray,
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Domestic
Violence |
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Domestic violence is emotional, psychological, physical, sexual, or
economic abuse that occurs within a family setting or an intimate
relationship. In these types of relationships, domestic violence or
abuse is used as a means to control the victim. Because the victim is
under the abuser’s control, and living in a continual state of fear,
he/she may not report the incidents of domestic violence. In fact,
most incidents of domestic violence in California go unreported.
 When a
person is a victim of domestic violence, he/she may feel hopeless and
choose to forgo any sort of legal action. This is always a mistake as
the violence will only continue and the victim’s life may be at risk.
Once a person has experienced an incident of domestic violence, he/she
should report the incident to law enforcement immediately.
When a spouse makes threats of or inflicts
physical harm on his or her partner, the
California Family Code provides civil protections, and backs those
protections up with both civil and criminal consequences. Our
attorneys are experienced in obtaining protective
orders to protect the safety and security of our clients. Our
dual expertise in family law and criminal law allow us to address both
aspects of domestic violence issues.
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