All posts by Torrence Howell

Divorce

California Child Support Calculator: FAQs Answered by Your Attorney Chino Hills CA

Child Custody ModificationsWhen parents live apart, determining how much each parent should contribute to the care and support of their children can be difficult. Naturally all parties want to make sure that the children have everything they need, but parents may disagree as to how much they should pay or receive in child support. That’s where the state can step in and mandate child support. Your attorney Chino Hills CA can help you understand this legal process. Check out these FAQs on the California Child Support Calculator to get started.

What is the California Child Support Calculator?

The California Child Support Calculator is a mathematical formula designed to help ensure that child support requirements are fair. The Calculator provides a baseline estimate of the appropriate amount of child support required in your case, based on factors like your income and whether or not you are a custodial parent.

What does the Child Support Calculator consider income?

Just about any money you have coming in from any source can be considered income for the purposes of the California Child Support Calculation. For example, gross wages, commissions, trust income, annuities, pensions, dividends, worker’s comp, unemployment, Social Security, and insurance benefits would all be considered income. At the judge’s discretion, the value of any perks you receive as part of your job, like a company car or phone, can be added to your income as well.

Can I deduct my expenses from my income?

The only expenses that the Child Support Calculator automatically deducts are your property and income taxes. Your car payment, rent, mortgage payment, and other necessary living expenses are not automatically considered. However, special deductions do exist, and you may be able to take advantage of them with help from an attorney Chino Hills CA.

Do I have to hire an attorney Chino Hills CA to use the Calculator?

No. You can utilize the Calculator on your own or with the assistance of a family law facilitator who works for the superior court in your county. However, hiring an attorney normally provides a higher level of personalized service and attention and enables you to secure all the deductions you are eligible for.

Am I guaranteed to receive/pay the amount specified by the Calculator?

The California Child Support Calculator only provides an estimate of the child support required in your case. The final decision will be made by the judge ruling in your child support case.

I don’t think the result of the Calculator is fair. What can I do?

You can petition for child support modifications if you believe that the unique circumstances of your case merit a deviation from the California Child Support Guidelines. For example, you can ask for a modification if you can prove that your child needs extra financial support or that the parent receiving the support has too much other income. To learn more about child support modifications, consult with an attorney Chino Hills CA.

Divorce, Family Law

The Law Offices of Torrence L. Howell Specializes In All Matters of Family Law in Upland CA

At the law offices of Torrence L Howell, we can provide expert counsel and representation for just about any issue you may encounter related to family law in Upland CA. We’ve seen it all before, so matter how strange and dysfunctional you think your family situation is, we won’t be shocked. Instead, we will help you move forward in a calm and professional manner. With our help, you can use the protections of the law to make sure that you and your kids are taken care of properly as you work through your family issues. Here’s a sampling of the types of family law cases we handle.

Divorce Cases: We can make sure that your interests are protected during your contested or uncontested divorce proceedings. Our services include filing the actual divorce papers on your behalf, as well as assisting with child support agreements, child custody agreements, spousal support agreements, restraining orders, and equitable division of marital assets as needed.

Child Custody Cases: We can help parents draft custody agreements that always keep the child’s best interests top of mind. If you’re dealing with an unfit parent, we can help you secure sole custody and arrange for supervised visitation rights if appropriate. If you were previously deemed unfit, we can help you prove that you’ve cleaned up your act and convince a judge to grant you increased visitation rights.

Child Support and Alimony Cases: After divorce, a spouse who was not working may find themselves without the ability to support themselves or their kids. The law offices of Torrence L Howell can help families arrive at agreements that are fair to all parties and adequately provide for the care and support of any children. We can help with permanent, transitional, rehabilitative, or temporary alimony, as well as with child support agreements and child support modifications.

Domestic Violence Cases: Over our many years practicing family law in Upland CA, we’ve seen both sides of domestic violence cases. We can help abused spouses get the restraining orders and other protections they need, but we can also help expose false accusations of abuse to ensure that no one’s rights are trampled by being unfairly saddled with a reputation as an abuser.

Property Rights: California is a community property state, but this doesn’t necessarily mean that all assets should be split 50-50 during a divorce. As experts in family law in Upland CA, we can help you figure out which assets rightfully belong to which spouse and ensure a fair division of marital property under state law.

Divorce

Are You Looking For An Experienced Divorce Attorney in Rancho Cucamonga, CA?

If you are in the market for a divorce attorney in Rancho Cucamonga CA, look no further than the law offices of Torrence L Howell. Torrence L Howell is an expert family law attorney with over 13 years of experience in both contested and uncontested divorce proceedings. He can help you navigate the complexities of your unique divorce case and make sure that your interests are represented fairly, your marital assets are split equitably, and your children are provided for properly.

Calm Guidance in an Emotional Period

Emotions can run high during divorce cases, and sometimes it’s tempting for clients to make snap decisions based on their feelings of anger and disappointment. As an experienced divorce attorney in Rancho Cucamonga CA, Torrence L Howell knows how to keep a level head during divorce proceedings. He can help you to communicate in a civil manner with your ex-spouse, so that you can work together one last time to determine your separate futures. Torrence L Howell won’t let you throw away assets that are rightfully yours in an effort to just get the divorce over with as quickly as possible. Instead, he will help you fight for what is yours under the law.

Assistance with Special Issues

Some divorces are more complicated than others. Fortunately, Torrence L Howell can help with all kinds of special issues related to divorce, including immigration, same-sex marriage, domestic abuse and restraining orders, and business ownership. As a divorce attorney in Rancho Cucamonga CA with an MBA, Torrence L Howell is a particularly good choice for divorces involving the division of business assets. He can help you get an accurate valuation for your business and hopefully avoid closing the business in order to pay the divorce settlement.

Keeping the Kids in Mind

Sometimes parents get so caught up in the bitterness of divorce that they try to use child custody arrangements and child support agreements to punish one other. They forget that these agreements are designed to help their kids first and foremost. If your spouse is trying to unfairly deny you access to your kids by petitioning for sole custody or denying you visitation rights, Torrence L Howell can help. As long as you are a fit parent and do not pose any danger to your kids, you should be allowed to continue your relationship with them.

We invite you to call the law offices of Torrence L Howell today to find out more about how we can represent your interests in your divorce proceedings.

Family Law, Law Blog

Child Support Services in Rancho Cucamonga, CA

If you are not married to or living with your child’s mother or father, you will probably need assistance with child support services in Rancho Cucamonga CA at some point. It is simply not wise to let the other parent always take the lead when it comes to filing for, modifying, or ending child support, because you risk not having your own interests properly represented in the agreements. Fortunately, you can turn to the law offices of Torrence L Howell for help.

Filing for Child Support

While child support agreements are most frequently associated with divorce cases, there are many other situations in which it is a very good idea to get the responsibilities of both parents in writing. Parents who remain married but live apart as well as parents who were never married may need help determining how much each parent should contribute to the financial support of the child. By hiring an attorney for help with child support services in Rancho Cucamonga CA, you can make sure that your child support agreement is fair based on the income and obligations of each parent.

Child Support Modifications

As parents’ lives change over the years, child support agreements may need modifications. This is another area where it will be very useful to have an attorney on your side. Whether you are the parent requesting the change or the one responding to the request, an attorney can help make sure the end result is a child support agreement that remains fair to all parties, including the child. Child support modifications may be required when the child’s medical or educations expenses change, or when one of the parents experiences a change in income or employment.

Ending Child Support

In most cases, child support agreements are simply allowed to expire when the child turns 19 or graduates from high school. However, this may not be appropriate for your unique family situation. In cases where a disabled child requires lifelong support, or a custodial parent’s income increases so dramatically that support for a young child is no longer needed, an attorney can provide child support services in Rancho Cucamonga CA that will enable you to make the necessary adjustments and override the default end date of the agreement.

Divorce, Law Blog

Is Your Business Set Up to Withstand the Complications of Divorce or Dissolution?

If you own your own business, it is crucial that you take steps now to protect your business from the complications that can arise during a divorce or dissolution. Your business is your livelihood, and the last thing you want is to lose your spouse and your business all at once because you are forced to liquidate your business assets in order to pay the divorce settlement or spousal support. Here are some tips to help you protect your business.

Understand Community Property Issues

California is a community property state, meaning that everything purchased or acquired during the course of the marriage (with the exception of gifts, inheritances, and rental incomes or profits from separate property) belongs to both partners equally. If you and your spouse start a business together, you will each have 50 percent ownership in the business and a right to 50 percent of the assets/business value should you divorce.
If you already had a business before you married, that business is considered your separate property. While the wages, pensions, or stock options earned from that business would be considered community property, the business assets themselves should be considered separate property. If you do not want your spouse to have any equity in a business you started before you were married, it is crucial that you not put any community money into that business. If you do allow your spouse to contribute to the business, say with funds received as an inheritance, you will need the assistance of a skilled attorney to untangle all the threads and figure out how much equity each spouse is entitled to.

Get a Prenuptial Agreement

Many complications can be avoided if you and your spouse have the foresight to sign a prenuptial agreement before getting married. The agreement can specify exactly how your business assets and debts will be divided in case of divorce. Prenups are most often used to cover property that has been acquired before the marriage, but they can also contain stipulations as to how future property will be treated.

Try a Postnuptial Agreement

If you’re already married, you can use a postnuptial agreement to accomplish the same things as a prenuptial agreement. However, judges tend to be suspicious of postnups and your spouse may be able to get a postnup overturned.

Get an Accurate Business Valuation

If your business is community property, getting an accurate valuation of that business is very important. This ensures that each spouse gets a fair deal should one spouse decide to buy out the other in order to obtain sole control of the business. A forensic accountant and an attorney familiar with business valuations will prove to be invaluable partners in this process.
Is Your Business Set Up to Withstand the Complications of Divorce or Dissolution?

Divorce

Your Divorce Attorney Ontario CA Can Help With Special Needs

Even though divorce is getting more and more common these days, the issues surrounding divorce are as complicated as ever. This is especially true if you have any special circumstances surrounding your marriage or your divorce, such as immigration issues, military service, domestic abuse, or a same sex partnership. As an experienced divorce attorney Ontario CA, Torrence L Howell can assist with all of these special divorce circumstances.

Immigration Issues

If you or your spouse have recently immigrated to the United States and been granted conditional residency based on your marriage, you should definitely consult a divorce attorney Ontario CA before taking any steps to dissolve your marriage. Getting a divorce could result in the conditional residency being revoked. If you have been married for more than two years, the immigrant spouse is eligible to petition for permanent residency. Once this is achieved the divorce can normally go forward without any effect on immigration or naturalization status.

Military Service

If your spouse is currently serving in the military, you may not be able to divorce them immediately. The Service Members Civil Relief Act protects active duty military personnel from having judgments entered against them in civil courts while they are overseas and for 60 days afterwards. In the case of a divorce, the difficulties are compounded because the active duty military spouse must be served with papers by military authorities in order for the California state court to have jurisdiction.

Domestic Abuse

In cases where domestic abuse is involved, you will definitely need an attorney. It is not wise to attempt to handle the proceedings on your own, because you need the protection of a restraining order. An attorney can help you get this legal protection as quickly as possible, to prevent retaliation from the abusive spouse during the divorce process.

Same Sex Partnerships and Marriages

Divorces or dissolutions involving same sex couples can be extremely complicated, in part because of the many discrepancies between state and federal laws, especially tax laws. Unless you fall into the relatively small group of couples who are still eligible to end domestic partnerships with a simple form instead of a court proceeding, you will almost certainly want to secure the advice of a skilled divorce attorney Ontario CA to help you sort through all the complicated issues surrounding your communal property, your taxes, your federal benefits, and your custody rights.

Law Blog

Do You Need Child Support Modifications Upland CA?

The purpose of child support is to ensure that divorced, separated, or unmarried parents contribute their fair share to the financial support of their children. Because the child’s best interests must always be held top of mind, child support agreements ensure that the custodial parent has the means necessary to feed, clothe, and house the child and provide for their educational and medical needs. At our law office, we know how to balance the two sides of the child support equation: the child’s needs and the needs of both parents. Let us examine your case and help you determine if you and your child could benefit from child support modifications Upland CA.

Changes for the Child

If your child’s expenses have suddenly changed dramatically, it’s definitely time to look into child support modifications Upland CA. For example, if your child gets accepted into an expensive private school or develops a severe medical condition, more child support will be required. If your child gets a scholarship or decides to quit expensive violin lessons or other activities, the child support payments can be reduced accordingly.

Changes for the Parent Receiving Support

We often get modification requests from the parent receiving the child support, because they keep the closest eye on support and expenses. Usually this parent is requesting an increase in child support. For example, if the parent receiving child support gets laid off, they will need more support in order to maintain the child’s standard of living. They would also be within their rights to request an increase in child support when the child’s other parent gets a new job or a raise. The rationale behind this is that it is best to have very similar standards of living in the households that the child splits their time between.

Changes for the Parent Paying Support

To the parent paying child support, the added expense can often seem like a big burden. Naturally, these parents wish to do everything possible to reduce their burden by making the other parent pay a larger share. Situations in which it would be fair to reduce child support include the parent paying support losing their job or having their wages garnished in a legal settlement. They may also request a reduction in child support if the other parent gets a new source of income or remarries.

If you are not the custodial parent, it will be very important to keep up with changes in your child’s life and to maintain open lines of communication with the custodial parent, so that you can quickly identify circumstances that might make child support modifications Upland CA necessary. If you see a situation that might justify an increase or decrease in child support, just call us for an expert opinion on your chances of successfully petitioning for a modification.

Divorce, Law Blog

Hiring a Family Law Attorney in Rancho Cucamonga CA: What to Expect

Hiring a family law attorney Rancho Cucamonga CA can be an upsetting or intimidating proposition for some people. You might feel like hiring an attorney means you’ve failed as an individual, because you couldn’t handle your family problems on your own. Or you might be intimidated by the fact that you’ll be expected to share private details about your family life with a stranger. However, when you take a moment to step back from the experience and prepare yourself for it, you’ll see that a family law attorney is only there to help. They want to represent your best interests, and you have to trust that.

Here are some helpful hints about what to expect when hiring a family law attorney Rancho Cucamonga CA.

No Judgment

You know that saying, “be grateful; there’s always someone worse off than you”? Well, a similar saying applies to family law cases. No matter how strange or dysfunctional you think your family situation is, there’s bound to be something even stranger out there. And chances are, an experienced family law attorney has seen it already.

So you don’t have to feel self-conscious about your situation when approaching a family law attorney for the first time. They have seen it all before, and they’re not about to judge you. Instead, they will help you make the best of your situation and secure all the rights and protections that are yours under the law.

Personalized Attention

When hiring a family law attorney, you can expect to receive personalized attention and legal solutions tailored to your family’s unique needs.

For example, the state of California has some standard metrics that it uses to calculate child support obligations. However, unique factors in your individual case may require adjustments to these standard calculations. You might need extra child support to pay for special school tuition or medical expenses for your child. Your family law attorney can tailor your child support petition to make sure that you get everything you need for your child.

If your family law attorney seems to be trying to provide one-size-fits-all legal solutions or is unwilling to listen to your concerns, get a different lawyer! Try to find one that is dedicated to returning your calls personally the very same day, so you know there will always be open channels of communication.

Options

Your family law attorney Rancho Cucamonga CA should also help you understand all your options. For example, there is more than one way to end a marriage, and your attorney can help you determine which is best for your family and your finances.

When consulting with a family law attorney for the first time, pay careful attention to their approach and attitude. As long as they are non-judgmental, willing to provide personalized attention, and knowledgeable about the legal options available to you, you will probably enjoy a successful attorney-client relationship.

Law Blog

Child Support Basics

The state of California takes child welfare seriously, and as a result the state has developed a series of guidelines which are intended to help parents divide child support responsibilities equitably. Although any parent may engage the assistance of a free California family law facilitator to help with preparing forms and filing child support paperwork with the courts, hiring a family law attorney Upland CA is often a better idea. We all know that state employees are overworked and overburdened, but when a dedicated attorney takes your case, you know you will get the attention you deserve.

Filing for Child Support

Many people associate child support agreements with divorce, but the fact is that there are several other situations that can lead to the establishment of a child support agreement. Couples who live apart but do not wish to be legally divorced or separated can file a Petition for Custody and Support of Minor Children in order to get the responsibilities of each parent in writing, and unmarried parents can file a Petition to Establish Parental Relationship to the same end. Securing a domestic violence-related restraining order can also trigger the filing of a child support order. Parents aren’t the only ones who can ask for child support orders to be established either. In some cases, the county’s local child support agency will initiate the order on behalf of a child who is in foster care or whose parent is receiving public assistance.

Calculating Child Support

The goal of child support is to ensure that custodial parents have the financial means to provide their children with everything they need. The state of California expects parents to share the burden of child support in so far as they are able. The exact amount that each parent must contribute is determined using the state guideline calculation. This calculation takes into account the income level, assets, and responsibilities of each parent, as well as the special needs of the child. Your family law attorney Upland CA can explain the guideline calculation in greater detail.

Ending Child Support

By default, California child support agreements end when a child marries, joins the military, gains emancipation, turns 19 or graduates from high school (whichever occurs first). However, all families are unique, and your family law attorney Upland CA can definitely help you petition to adjust or end child support early if changes to the other parent’s financial situation merit such an act. An attorney can also ask the court to extend a child support order for the lifetime of a disabled child who cannot support themselves.

Law Blog

What Do I Need to Know if I’m Selling My Business?

As the owner of your own business, you’re probably accustomed to handling everything yourself, especially if you’ve built the business from the ground up. However, when it comes to selling your business, you will definitely want to make sure you hire experienced professionals to assist you with every aspect of the process, from valuation to tax concerns to the actual transfer of ownership. Here is an overview of a few of the most important things to know about selling your business.

Selling Options

There may be many reasons to sell your business, from a need to liquidate assets to a simple desire to get out of the business and start something new. However, don’t just assume selling out completely is your only option!
It is quite common for sellers to transfer ownership of their business without actually leaving the business. Many buyers like former owners to stay on with the company as managers. If you are interested in this option, be sure that everyone’s responsibilities get outlined in writing before the sale is finalized.

Another option you may have is a partial sale. This might be useful if your business has two or more distinct units, one of which is struggling. Selling the struggling unit can relieve you of a burden and give you cash to invest in your remaining business.

Brokers

One of the most important aspects of selling your business is finding a fantastic broker. The broker will be responsible for advertising the sale, meeting with prospective buyers, negotiating on offers, and handling the closing and escrow procedures. A well-connected and well-respected broker will be able to leverage their network of contacts to help you find better, more qualified buyers and probably also get you a better price. The only down side is that the broker will take about 10 percent of your sale price as their fee.

Accountants

In order to set a price on your business, you need to obtain an accurate valuation. This valuation will be based on factors like your market position, earnings, and assets. In order to get an accurate picture of your earnings, most potential buyers will want to see financial statements prepared or at least reviewed by an outside accounting firm. Typically profit and loss statements and balance sheets from the past five years will be required. Your accountant can prepare this paperwork and also help you sort through the numerous tax issues related to selling your business.

Attorneys

In order to ensure that your interests are protected and that you get the best price for your business, it is highly recommended that you consult with an attorney. Before selling your business, you will need to create a prospectus that describes your business. In order to ensure that your prospectus does not include statements that could expose you to litigation (like promises regarding future earnings), you should have an attorney review it. You should also have an attorney go over the sales agreement with you, to make sure that you fully understand and agree with all the terms.

With the help of a great team of brokers, accountants, and attorneys, you’re sure to get all the information you need about selling your business at top dollar and under the most favorable conditions possible.