All posts by Torrence Howell

Child Support and Coronavirus: 4 Concerns California Parents Have

Child Support and Coronavirus: 4 Concerns California Parents Have
 

The Coronavirus has triggered a lot of change in our daily lives. From which businesses we’re allowed to continue to get products and services from to where we can travel to at this time, just about all of us have had some sort of life alternation thus far.

Another major change that parents, in particular, are facing in the state of California and beyond is child support, that is, if they’re sharing parenting duties with an ex or other non-spouse. If you’re one of those confused parents right now, read on to learn more about how child support is affected due to the current pandemic.

  1. Will Child Support Payments be Delayed Due to the Coronavirus?
  2. No. There are no expected delays in the processing of child support payments. This means the parent who owes child support will still have the same due dates, and the parent who is the recipient is expected to receive payments on the same schedule to ensure the applicable child(ren) are able to continue to be financially taken care of.

  3. What Can I Do if Other Parent isn’t Paying Child Support Due to Income Loss?
  4. It is the struggling parent’s responsibility to get the agreement modified in their favor or get in touch with a local child support agency for assistance if they’re unable to pay child support because of the current situation. If they fail to, you can speak with a Family Law attorney about taking legal action. Penalties from jail to monetary fines may be involved for the non-paying parent.

  5. Can I Still Get Child Support Amended if I Need More Support from the Other Parent?
  6. Are you out of work or dealing with the loss of wages due to the Coronavirus and need more support from the other parent to care for your child(ren)?

    If so, then you can still get the child support agreement amended. However, at an uncertain time like this, it’s best to talk to your ex or non-spouse directly about coming up with an agreement to increase child support payments. Once in writing, you can speak with a California lawyer to get it legally sorted out.

    If an agreement between the parents cannot be made, then they must reach out to the court. The parent struggling income-wise can then modify the support back to the date their finances declined. Although, it may be difficult to get a court date at this moment.

  7. If I Owe Child Support, Will My Stimulus Check Be Taken from Me?
  8. Most likely, yes. If you are eligible for a federal stimulus check but have overdue child support payments in California, your check will be likely be automatically (and legally) garnished to help pay off that debt. If you owe less than the amount on your stimulus check, you will still probably get your check; however, the amount you receive will be reduced.

Is your ex or other non-spouse refusing to pay child support right now? Or, are you having any other child support-related issues at this time?

Contact Torrence L. Howell, an attorney specializing in Family Law, at (909) 920-0908 today to get your concerns legally taken care of.

Why Consider Setting Up Your Business as an LLC in California?

There’s a lot one must consider when starting their own business from scratch. Everything from the name of the business, to the marketing and branding, to what the business will offer, to who will work there, to what the business hours will be must all be considered.

All the latter aspects are surely important for any business. However, the legal aspects of a business are just as important, if not more. Contracts must be signed; the business must be properly registered with all applicable certifications up to date; and federal, state, and local regulations must be followed by the owner and all employees.

Another legal aspect of a company that one should consider is setting up a business’s legal structure as a Limited Liability Company (LLC). Read on to see why choosing to set up your business as an LLC could be a good idea.

You Won’t Have to Worry About Double Taxation.

Did you know that owners of corporations may be subject to double taxation but that owners of LLCs are not? It’s true!

Corporations normally pay taxes on net income, and then the owner must pay taxes again on the dividend income they receive. On the other hand, when one has an LLC, they can skip having the file a corporate tax return and can instead just fill out an individual tax return, meaning there’s no double taxation for them.

An LLC is Essentially a Blend of a Corporation and a Partnership.

Both LLCs and partnerships aren’t subject to double taxation, making them similar in a sense. LLCs, however, are also similar to corporations in terms of holding limited liability. But unlike partnerships, LLC-structured businesses don’t need an owner who’s considered a “general partner” who would be held liable for any debts of the business. And unlike a corporation, as mentioned, there’s no double taxation. So, in a way, an LLC offers a blend of both a corporation and a partnership without being exactly like either.

Ownership Structures are More Flexible.

Many business structures disallow how many owners a company can have or even the types of entities who can take ownership of the company. What makes LLCs different is that their ownership structure is highly more flexible. These businesses can have any number of members, members can be individuals or of any entity, and the members can own up to any percentage of the business that is agreed upon, as long as it doesn’t surpass 100% of the company.

All in all, an LLC is a great legal structure to have for a business. Although it isn’t free to achieve the legal structure, it’s worth it in the end for many businesses.

Are you interested in setting up an LLC in Southern California? Contact Business Law Attorney Torrence L. Howell now for assistance. His phone number is (909) 920-0908.

3 Signs of Domestic Abuse that California Residents Often Overlook

3 Signs of Domestic Abuse that California Residents Often Overlook

With how major of a crime domestic abuse can be, you’d think most people would understand exactly what this crime might involve. But from the perspective of a victim, it’s not so clear-cut. Many people don’t want to believe they’re a victim. For example, the victim may not believe they’re experiencing domestic abuse because they know their abuser loves them, and they love them back.

The truth is, no matter who the abuse is coming from, why, and how – and regardless of their feelings for you and your feelings for them – abuse is abuse.

Below are three signs that you’re experiencing domestic abuse.

  1. Your Spouse Controls Everything You Do.
  2. Abuse isn’t always physical. And although control coming from a spouse starts out verbal, it can end up getting physical fairly quickly. From keeping you away from family and friends, to failing to let you have access to shared bank accounts, to refusing you to have any sort of social media platform, control can come in a handful of ways.

    Victims who fail to comply to a spouse’s means of control and strict rules may end up physically abused, verbally ridiculed, or threatened (e.g., “I’ll throw you against this wall if you try to leave the house,” or “If you text or call someone besides me, I’m canceling your phone service and breaking your phone.”).

  3. You’re Forced to Have Sex Against Your Will.
  4. Relationship or not, male or female, legal age of consent or not, being forced to engage in any sort of sexual activity is illegal. Even when married to someone, they must accept that by law, your body is your body. No consent means no legal sexual interaction, period.

    However, in the abuser’s eyes, they deserve sex whenever and wherever, disrespecting the partner’s feelings altogether and/or getting mad when the partner refuses to comply with their demands. With this type of black-and-white thinking, it’s not uncommon that the abuser resorts to raping the partner, makes threats to cheat, physically assaults the victim, or verbally abuses the partner.

  5. They Threaten You or a Loved One as a Form of Punishment.
  6. Threats on their own, for any reason, are considered abuse, even if the relationship normally doesn’t have any other form of abuse. And, often, these threats overlap with control as a way to stop you from doing something, talking to someone, or going somewhere. Although, they can be used as a form of punishment too after you’ve already done something or are currently doing something.

Threatening to scream loudly in public to embarrass a partner to stop them from crying, kick a partner out of the house permanently if they don’t come home in five minutes, or have sex with someone else because their partner worked overtime are examples of this type of abuse as a form of punishment. Threats can be physical or not.

Abuse in the household can be a very scary situation for anybody to have to go through as the victim. Getting the legal help you deserve may be necessary to help you heal and get out of your abusive situation.

If you’re a victim, please call (909) 920-0908 to talk to a California-based Family Law Attorney today.

Domestic Violence Has Been Increasing Since the Quarantine. Contact a Domestic Violence Attorney in CA Today!

Domestic Violence Has Been Increasing Since the Quarantine. Contact a Domestic Violence Attorney in CA Today!

Since the Coronavirus erupted and large numbers of people have been staying home in California, there has been a lower rate of crime on the streets. That’s great news to hear. But the bad news? More violence has been occurring within the household setting among spouses or even from parent to child – and sadly, many of these cases are not been reported.

Although domestic violence is a serious crime that should never be overlooked, many victims understandably feel too scared to report the abuse, reach out for help, or even admit that there’s a problem from the start. However, Family Law Attorney Torrence L. Howell, who has years of experiencing working with clients’ domestic abuse cases, urges the importance of getting assistance for a crime like this.

The Importance of Getting Help for Domestic Violence

Rarely is domestic violence something that occurs just once or twice. Several studies over the years have shown that domestic violence has a high recurrence rate, and often, it gets worse as time goes on. It’s a cycle that’s difficult to break. What may start out as a slap or the throw of a lightweight object at a human could later result in punching and choking.

By getting help for domestic violence, you’re not only helping yourself and/or your child(ren), but you’re also helping other people who might otherwise become a future victim of the same abuser. And by taking your abuser to court, you’re able to get compensated for any medical bills and/or emotional suffering that you might have gotten as a result of the abuse.

Contact Attorney Torrence L. Howell Today for Legal Help.

It’s not always easy to admit when you’re a victim of abuse. Sometimes the love and respect you have for your abuser is greater than the temporary pain they might make you feel. However, because domestic violence can be extremely life-altering and is likely to continue and get worse overtime, it’s critical that you get the help you require as soon as possible.

Attorney Torrence L. Howell has been taking on domestic abuse-related cases for decades. From mental abuse to physical abuse or threats of violence, Howell can take on just about any domestic abuse case, big or small. He currently serves several locations in California including Montclair, Chino Hills, San Antonio Heights, Upland, Corona, La Verne, and more.

Give Howell a call now at (909) 920-0908 for a free consultation.

Who Gets Child Custody in California When the Parents Aren’t Married?

Who Gets Child Custody in California When the Parents Aren't Married?

Normally when a child is born to a married couple, both parents receive full custody that is shared between the two of them. This is true as long as neither parent takes the other parent to divorce and/or custody court and that both parents don’t have any legal setbacks affecting their automatic custody over their own child.

But things are certainly different when an unmarried couple has children together, two people bring new life into the world while they’re in the middle of divorcing or shortly after they divorce, or spouses who already have children together – married or not – decide to split sometime after the child(ren) are born.

In these cases, child custody can get trickier. Dictating which parents have custody isn’t always a piece of cake.

Establishing Parental Rights

Before child custody can be determined in the state of California, it must be proven who the father is. Normally when a couple is married, the male is automatically deemed the legal father, and thus, he establishes paternity by law. This is true as long as the child was born during the course of the marriage. However, for unmarried couples, either the parents or the court itself must make the determination if a man is the legal and biological father before determining any sort of custody and visitation rights.

Keep in mind that the court will often favor a stable marriage when establishing parental rights over the biological father.

How Child Custody Determined in California

California courts determine child custody for unmarried couples based on a variety of information. This information includes the relationship the child has with both parents, what the child wishes, the parents’ health and capability to care for the child, past circumstances that may determine if one or both parents are unfit to raise the child (e.g., past domestic/child abuse, drug use, questionable parenting tactics, etc.), how the child fits in with the household and/or other household members, and if one parent is/was the primary caregiver previously.

Let a Family Law Attorney Help You.

Determining parental rights and child custody in California can be a long process. One or both parents involved may find themselves indecisive, stressed out, and unable to come to a compromise. However, it’s a process worth doing with the right Family Law attorney. A good attorney can ensure the child is able to get the best outcome, so they can flourish.

Contact Torrence L. Howell, a long-time Family Law attorney who has experience working with child custody cases, at (909) 920-0908.

False Allegations in Divorce Cases: Hire a Family Law Attorney in Verne CA Today

False Allegations in Divorce Cases: Hire a Family Law Attorney in Verne CA Today

Psychology says going through a divorce is one of the most stressful life circumstances that anyone could ever go through, even more so than getting fired or laid off from a job, dealing with a personal injury or illness, or gaining or losing a family member. This information was found after a large-scale study.

What makes divorce cases even more stressful is dealing with a complex case involving spousal abuse, child custody, and/or a non-cooperative spouse. False allegations in a divorce case are also common and, surely, will also cause significant stress for the spouse being accused.

Examples of False Allegations in a Divorce Case

There are numerous things one can be falsely accused of during a divorce. These include, but are not limited to:

  • Child abuse
  • Domestic abuse
  • Threats
  • Stalking
  • Drug use/selling drugs
  • Stealing from the other spouse
  • Criminal violations

Although it is illegal to falsely accuse anyone of anything in the courtroom, false allegations are more common that one might realize. The important thing in these situations is to remain as calm as possible, tell your side to your story, and hire a Family Law attorney to help you.

How a Family Law Attorney Can Help with False Allegations

There’s not much worse than being accused of something you didn’t do, especially when other people wholeheartedly believe the person accusing you is telling the truth. It’s a different type of hurt that most of us aren’t prepared to handle.

But thanks to the addition of a Family Law attorney, they can help prove your innocence, reveal the lies being told about you, and contradict any false claims coming from the other party. It’s nice to have someone to represent you. The more serious and believable the allegation, the more important it is to hire a Family Law attorney.

Attorney Torrence L. Howell will Be on Your Side Through It All.

Mr. Howell knows how difficult divorce cases can be, and even more so with the inclusion of a false allegation. So many emotions run through the accused’s mind that it can make it hard to use concise logic to defend yourself. That’s where a criminal defense lawyer specializing in Family Law comes in.

If you’re experiencing a false allegation during or after divorce and live in the state of California, get in contact with Attorney Howell today. Call him at (909) 920-0908 for a consultation at a cost of zero dollars and zero cents.

Get a Temporary Restraining Order from an Abusive Spouse in Corona CA

Get a Temporary Restraining Order from an Abusive Spouse in Corona CA

Nobody ever expects that when they get into a relationship, they will encounter abuse – whether sexual, physical, emotional, verbal, financial, or mental. Relationships are designed to be based off love and trust, not pain and heartbreak. So, when things go wrong within the relationship safety-wise, the victim may feel like nowhere is safe for them to run and hide.

The good news is, there are legal ways to ensure you stay as safe as possible while in the midst of, or even after, an abusive relationship. If the abuse crosses legal boundaries, or you feel like you and/or your children or pets are in immediate danger, the first step is to always call 911. Next, it’s critical to get in touch with a Family Law attorney to help you resolve this situation legally. Part of that legal resolution may involve the need for a temporary restraining order.

How Long Do Temporary Restraining Orders Last in California?

In the state of California, a temporary restraining order (TRO), as the name implies, is short term and usually lasts until the next court date, which is normally approximately 20 to 25 days away. A judge will only grant a TRO if he or she believes you do, in fact, need protection and that the person you’re getting a restraining order against is or could be potentially dangerous.

At some point, a judge may decide to turn a TRO into a permanent restraining order. However, please note that “permanent” restraining orders are not for life. If anything, they should be called “long-term restraining orders.” After a permanent restraining order expires, if you still feel the need to gain legal protection, you may attempt to get it extended.

Is it Easy to get a Temporary Restraining Order?

It’s relatively easy to get a TRO, but they aren’t just granted automatically after a request. A court will typically refuse to provide a temporary order unless there is some sort of proof or circumstance that deems it necessary for the person requesting it to get the safety they desire. Even if you do have proof, if the proof isn’t “enough” for the court, they may reject your request until further proof is provided.

Attorney Howell Can Help You Achieve Legal Safety from Your Abuser.

Although you don’t necessarily have to hire a Family Law attorney to help you get a temporary restraining order against your spouse who has inflicted abuse upon you, it’s especially great to have the help of an attorney when the situation is complex, there is little solid proof of the abuse to present, or if you feel uneasy representing alone. You can trust an experienced lawyer to confidently help you work towards a TRO.

Give Attorney Torrence L. Howell a dial at (909) 920-0908 to learn how he can help you get a temporary restraining order in Corona, CA.

Is Your Business Changing Hands? Let a Lawyer in Etiwanda CA Help You with Change of Ownership

Is Your Business Changing Hands? Let a Lawyer in Etiwanda CA Help You with Change of Ownership

There are many reasons a business might be changing ownership. This may occur after a divorce, when a business is sold to someone else, after the original owner dies, or when one owner decides to voluntarily step down.

Regardless of the reason a business is changing hands or when the change of hands occurs, it’s a good idea to get a Business Law attorney in Etiwanda, CA to help you with the process.

Let Attorney Torrence L. Howell Handle the Legal Aspects of Ownership Change.

Buying a business, let alone changing ownership, isn’t as easy as buying a house. There are often a lot more legal aspects involved that can make the transaction and change of hands frustrating, confusing, tedious, and at times, long and drawn-out.

The good news is, Business Law attorneys are highly knowledgeable when it comes to all the legal components of business in general, even when it comes to a change of ownership.

No matter the type of business, how long it has been operating, or what kind of business structure it currently has, the right Etiwanda, CA lawyer can help you change hands the quickest and easiest way possible – whether you’re the current owner or the future owner. Having this legal assistance by your side can save you a big headache. It can also give you the reassurance that the change of ownership is going smoothly, accurately, and as planned. The last thing you’d want is to be caught up in a messy process.

Take Advantage of a Free Consultation Today.

Part of finding a good Business Law attorney to ease the process of change of ownership with you is making sure you feel comfortable with them before hiring them. That’s why Torrence L. Howell offers free consultations to anyone interested in his legal services.

This way, you don’t have to pay a single dime out of your pocket for any initial discussions with him. The free consultation gives prospective clients a taste of what it would be like to work with Attorney Howell. In addition, Howell can decide if your specific situation could be something that he could work with. The consultation part of working with Howell is all about discovering whether or not both the client and the lawyer themselves are essentially “compatible” and ready to eventually work with one another.

You can claim your free consultation with Torrence L. Howell by calling him at (909) 920-0908.

Do You and Your Ex Own a Business Together? Hire a Family & Business Lawyer in Fontana, CA

Do You and Your Ex Own a Business Together? Hire a Family & Business Lawyer in Fontana, CA

When people say “I do” to one another at the altar, they expect everything they have together to be permanent – including the business they may end up sharing together. Unfortunately, more than half of all marriages, whether it’s the first or the fourth, end in divorce.

When there’s a business in the picture, you’re going to want to bring this up in divorce court. Or even if the divorce has already been finalized, a divorced couple may later decide to go their separate ways in business as well.

If you and your ex or soon-to-be-ex own a business together, or you believe they have ownership rights but aren’t sure, read on to discover what to do next.

Separate and Martial Property

Before determining how a business gets divided up in California court, it must first be decided if the business is considered separate or martial property. Was the business owned by one of the spouses before they got married? Was the business started during the course of the marriage? What roles did both spouses play in the business?

Rest assured that if the court determines that your spouse has zero ownership rights, you are free to do whatever you wish with your business, regardless of your spouse or ex-spouse’s opinions.

What Are Our Options Going Forward?

Depending on whether the business is classified as separate or martial property, there are different options that ex-spouses can look into.

The main three options, including:

  1. One spouse can buy the other spouse out.
  2. They can choose to sell the business, and each will receive their fair share of the profits after it’s sold if both are considered owners.
  3. They can continue to run the business as co-owners.

For the first two options, an appraisal must be performed to determine the value of the business and how much each spouse is entitled to.

Apart from the latter options, in some cases, one or both spouses (depending on ownership rights) may decide to close the business completely or even to transfer complete or partial ownership to the spouse without current ownership.

Protect Your Business. Contact a Family Law and Business Lawyer in California Today.

Torrence L. Howell is an attorney who has been practicing for several years in both Family Law and Business Law. Whether you and your ex or soon-to-be-ex are having difficult deciding who legally owns the business, trying to figure out how to split the business, or determining what the future of the business may entail (e.g., shutting it down permanently, selling it to someone else, letting one spouse keep it, etc.), Mr. Howell can help.

Call Lawyer Howell today at (909) 920-0908 to get a free consultation in Fontana, CA.

How Domestic Violence Can Impact Child Custody in Alta Loma CA

How Domestic Violence Can Impact Child Custody in Alta Loma CA

Every good parent concerns about their child’s safety and overall wellbeing. But so does the California court when it comes time to putting together a custody agreement. One parent may see themselves as the better provider and the one with the safer home environment. However, the court may have a different perspective.

Part of the reason a parent may have difficulty getting custody over their own child is because they’ve had a past of domestic violence or other form of abuse. This can most definitely change how custody ends up being granted.

The Safety and Best Interests of the Child Will Be Considered in Custody Court.

Whether or not there has been abuse in the home environment, the court will always make decisions based on what they believe is best for the child and their welfare.

Even if the so-called history of abuse is hearsay and has not yet been confirmed, or if the parent was wrongfully accused of domestic abuse, the California court will consider both instances when deciding custody. In the former, the court will search for evidence that will determine whether the accused party is innocent or guilty. In the other case, it’s critical that the parent works with a quality family law attorney to help prove their innocence.

All Forms of Domestic Abuse Could Impact Whether or Not a Parent Gets Custody.

A home with domestic violence or any other type of abuse is no place for a child. Whether the abuse is physical, mental, sexual, emotional, and so on and so forth, it will be a hot topic in the California custody court room. Who the abuse was directed towards, how often, in what situations, and the extent of the abuse will all be considered.

Get a Family Lawyer in Alta Loma CA Right Away.

Whether you have had a past of domestic violence, your ex is the one with the past, or you are being falsely accused of domestic abuse, it’s critical to get in touch with a family lawyer. The right attorney can help you better understand your rights and help you obtain the custody you deserve.

Family lawyers are experienced when it comes to proving your innocence of abuse, providing evidence that regardless of your past that you can still be a good parent deserving of at least partial custody, or can prove that your ex is unfit to receive physical custody based on their past.

Call Attorney Torrence Howell at (909) 920-0908 regardless of where you stand in the custody court case.