California Family Law Blog

San Jose Family Lawyer

Goran Visnjic had agreed to pay $1,800.00 per month in child support to a Croatian woman who filed a suit against him in Croatian court. Visnjic originally contested her claim that he was the father of the child, who was conceived in 2006. However, Visnjic had been sending $1,000.00 per month checks to her before the suit was filed, but an ugly public smear campaign ensued when Visnjic stopped sending the checks. Ultimately, Visnjic abandoned his plans of contesting paternity and instead accepted her as his daughter. Visnjic will also have once a month visitation with the child.

$1,800 may seem like a lot of money, but Visnjic should be grateful he does not live in California. Attorneys in our office think that he’s getting a pretty good deal. Although $1,800 a month may be a large sum in Croatia (possibly a good monthly income), Visnjic is a high earner, and his child would be entitled to live in a lifestyle similar to the one he maintains. California uses a formula to determine child support, based on the timeshare between the parties and their respective incomes.

If you are trying to get a child support order, or maybe you want to have one modified or paid by wage assignment, our offices offer a free consultation to help you decide the best course of action. Child support, paternity and visitation are only three of the many issues our experienced family law attorneys can help you with. Whether you live in Monterey, Fremont, or somewhere else in the Bay Area, our firm has an attorney available to assist you. We represent clients in Monterey, Alameda, Santa Clara, San Mateo and surrounding counties. We handle all types of family law cases, including divorce, paternity, child and spousal support. Call today to schedule your free consultation.

San Jose Family Attorney

With divorce rates what they are today its not surprising that so many couples are choosing to start a family together without taking the traditional walk down the aisle first. That is the case with actress Jessica Alba and her boyfriend Cash Warren who just announced they are expecting a child in the spring of next year. Of course sometimes having a child out of wedlock is also an unexpected surprise.

Most people do not realize the legal consequences of having a child out of wedlock. At birth the father cannot be added to the child’s birth certificate in California if the parties are not married, unless he first signs a voluntary declaration of paternity. This form can have legal consequences in the future especially if the mother later requests child support from the father. In addition if the parents cannot agree on child custody and visitation and they need to go to court they once again have to establish the paternity of the child first. If the couple splits up before the child is born the mother may give the child her surname which can then require the father to go to court to have his surname added legally.

Perhaps the most serious legal complication is when the mother denies the father visitation with the child. In this case it is very important that the father file a motion for visitation quickly in order to bond with his child. Our team of San Jose Family Law Attorneys can assist you with all aspects of child custody and visitation. We also have attorneys in Alameda and Monterey Counties who can assist with all aspects of your family law cases.

Under the California Family Code, debt incurred during a marriage is considered community property or each party owes half of it. While community debt common for auto loans, mortgages, or credit card debt, does it also apply to gambling debt? For example, if a husband went to Reno and bet $10,000.00 on the Oakland Raiders to win last week’s football game and they lost, then is the community should be responsible for that $10,000.00? Is the wife responsible for $5,000.00 of the debt even though she never knew of the bet?

Although a wife whose husband gambled away the retirement fund as well as marriage has no recourse against the casino, she may have recourse in the divorce. Under the California Family Code, gambling loss during marriage is considered a debt not in the benefit of community property and, therefore, the husband’s separate debt. That means that the husband owes the community for the money lost and the wife can offset that lost money against other property in a divorce. This is not surprising since no wife would ever agree to a bet on the Raiders regardless of the odds. Therefore, the wife could get her $5,000.00 back by taking more of the equity in the house, getting the better car, or just taking more of the remaining cash left in the community account.

However, California is not so kind to the husband who bet against the Raiders and won big. All gambling winning made during marriage is considered community property and the wife is entitled to half of that at divorce. Therefore, the husband will have to give half his winnings to the wife in the form of more equity in the house, the better car, or just more cash. The moral of the story is that the house may have an edge on the odds but the wife can’t lose, sort of.

If you need to consult an attorney regarding a divorce with gambling involved, please contact Sagaria Law to setup a free consultation.

Almost everyday in the news we hear about some celebrity divorcing which means there is child support to be paid. Unfortunately for Tracy McGrady he will be spending his time this season in both the basketball family courts. As a Houston Rockets guard and Adidas spokesman McGrady earns a $20 million dollar annual salary. In case you were wondering what that works out to its $10,803.00 per hour at a day job. Generally child support calculations are based on a party’s income but McGrady is arguing that his income is too high for the standard calculations.

At issue is how much child support he should pay for a 2 year old daughter born out of wedlock. The child’s mother is requesting about $204,000.00 per year in child support but McGrady wants to pay $54,000.00 per year. The standard child support formulas put support at $720,000.00 per year. McGrady is arguing that the child’s mother does not need that much money to raise the child but the child’s mother is arguing that the child should have an equivalent lifestyle to McGrady’s two children who live with him and his wife. For example one of McGrady’s other children recently had a $16,000.00 birthday party for about 40 friends and the children frequently travel on private jets to exotic places where they stay at Ritz-Carltons. In addition his other children routinely spend thousands of dollars per month on clothing.

In California the law does state that children should share in the standard of living of both parents. Of course the issue in high earning cases is how much money does a child really need for support and maintenance. Our attorneys at Sagaria Law are experienced in all aspects of child support cases and we have offices in San Jose, Fremont and Monterey to assist you with your child support cases.

ursuant to the California Family Code, the parent with physical custody of a minor child has the presumptive right to change the child’s residence. That is to say, the parent with physical custody can move away with the child and the courts will not interfere with that decision unless the move is detrimental to the child. However, this does not give a parent with sole legal and physical custody of a child an absolute right to change the child’s residence.

In an initial child custody determination, the trial court uses a best interest of the child analysis and must look to all the circumstances bearing on the child’s best interest. When the move-away contest comes after a permanent child custody order is in place, the court will apply the changed circumstances rule, meaning the noncustodial parent has the substantial burden of demonstrating a material change of circumstances of a kind that renders it essential or expedient for the welfare of the child that custody be modified. Once the noncustodial parent shows detriment to the child from the proposed relocation, the court must consider all of the relevant factors in deciding whether a change in custody would be in the child’s best interests. Among the factors for the court to consider are: the child’s interest in stability and continuity in the custodial arrangement, the distance of the move, the child’s age, the child’s relationship with both parents, the relationship between the parents, the children’s wishes if they are mature enough to make that inquiry appropriate, the reasons for the proposed move, and the extent to which the parents currently are sharing custody.

If you or someone you know is facing a similar situation or simply have questions about child custody and visitaton or any other family law issue, such as child support, our team of San Jose Family Law Attorneys are here to answer your questions and assist you through the process. We represent clients from Santa Clara County, Alameda County, Monterey County, San Mateo County, and surrounding areas. Contact our office today to schedule your free consultation to speak with one of our attorneys.

Actor Timothy Busfield’s wife has filed for divorce after nineteen years of marriage, according to the Associated Press. The parties have a sixteen year old son, and Busfield’s wife is seeking joint legal and physical custody.

News reports are citing irreconcilable differences as the grounds for the dissolution. In California, there are only two grounds on which to request a divorce: irreconcilable differences or incurable insanity. Mr. Busfield has thirty days from the date he is served with the petition to respond.

Ms. Busfield is seeking joint legal and physical custody of the parties minor child. In California, it is the policy of the courts to ensure minor children have frequent and continuing contact with both parents after dissolution or separation. It is also the policy in California to encourage parents to share the rights and responsibilities of child rearing. The court must consider the best interests of the child when deciding custody.

Other issues that are likely to present in Busfield’s case are property division, spousal and child support. Busfield has been in Hollywood for a long time, as an actor and as a director. Mr. Busfield won an Emmy for his time on thirtysomething. He was most recently seen on The West Wing and Studio 60 on the Sunset Strip. With such a long and profitable career, one can expect Mr. Busfield’s high earnings will be an issue when it comes to setting child and spousal support. The details have not yet been disclosed, but the parties likely have significant assets that will need to be addressed and divided, especially following a long-term marriage such as this.

If you are considering filing for divorce, or have already done so, our team of talented attorneys can answer any questions you may have. Many people have questions about the division of assets, child and spousal support, and various other aspects of divorce that they want answered before they proceed. We offer free phone and in person consultations, and we have offices in San Jose, Fremont and Monterey. We handle cases all over the Bay Area, and invite you to give us a call today.

Woman who are separated, divorced, or facing divorce can now turn to a online resource which provides practical tips, advice, and a support network all for free. The Modern Woman’s Guide to Divorce, is a site created by Helene Taylor, a former family law attorney based in the Bay Area. Check out the www.themodernwomansdivorceguide.com Having represented several women going through acrimonious divorces, and also having gone through the process herself, Taylor’s aim in creating the website was to empower woman going through divorce. The website differs from other divorce websites which already exist in that it is neither a general legal resource, nor network of strangers. Instead, it has state specific resources and links, as well as, articles and tips that show women how to tackle problems which are common to every divorce such as support, custody, division of community property, regardless of where the divorce is filed. The website also has an interactive toolbox filled with worksheets and checklists designed to help woman accomplish difficult tasks such as preparing for divorce, interviewing lawyers, appearing in court, settling their cases and enforcing judgments. Furthermore, the website offers a Member’s Forum that allows women to connect directly with other women in similar situations to gain knowledge through personal experience. Although the website is not a replacement for a family law attorney, it is a good starting place and designed to help women navigate both practical and emotional aspects of divorce.

Whether you are just starting the divorce process or still experiencing legal problems though your divorce has been finalized, Sagaria Law has a team of family law attorneys who can assist you. We represent clients from Santa Clara County, Alameda County, Monterey County, San Mateo County, and surrounding areas. Contact our office today to schedule your free consultation to speak with one of our attorneys.

Generally, in making a child custody order between parents, the court must grant the noncustodial parent reasonable visitation rights unless it is shown that visitation would be detrimental to the best interest of the child. This is because it is considered of utmost important for the minor child to have frequent and continuing contact with both parents. Detriment to a minor child’s best interest warranting a suspension or denial of parent visitation rights may be based on a finding of child abuse or domestic violence endangering the child’s health, safety or welfare. A finding of detriment warranting a denial of parental custody does not automatically warrant a denial of visitation. The public policy interest in encouraging a continuing relationship with both parents generally means that a parent denied custody should be deprived of visitation only upon a clear showing that any contact would negatively affect the minor child.

In a family code custody and visitation proceeding, California law gives the Court discretion to grant reasonable visitation rights to a nonparent having an interest in the welfare of the child. However, such nonparental visitation rights are subservient to a parent’s 14th Amendment substantive due process fundamental right to make decisions concerning the care, custody and control of their children. As such, courts may not disregard and overturn a fit custodial parent’s visitation decision whenever a third party affected by the decision files a visitation petition. At the same time, at least with regard to grandparents seeking visitation, parents’ due process right to make decisions concerning their child’s care, custody and control does not necessarily preclude a court from granting the nonparent visitation over the objection of a fit parent.

If you have any additional questions about child custody and visitation or any other family law issue, such as spousal support, child support and issues related to division of marital property, please contact Sagaria Law. Our team of family law attorneys can answer any family law questions you may have and assist you through the process. We represent clients from Santa Clara County, Alameda County, Monterey County, San Mateo County, and surrounding areas. Contact our office today to schedule your free consultation to speak with one of our attorneys.