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Updated Family Code Allows Kids to Have More than Two Legal Parents

Recent changes to the California Family Code allow courts to assign parental rights & responsibilities to more than two legal parents

Child custodyEach year, our legislators make many changes to California’s laws. Some of these changes are minor, while others have far-reaching implications. Starting in 2014, the newly amended Family Code will provide for child custody rights and child support responsibilities to be shared among more than two parents when the circumstances of a case merit such an approach.

An Example of a Claim for Multiple Parents

One possible example of a case in which a child might be considered to have more than two parents would be a child whose biological parents divorced and subsequently married other people. The child would be very likely to form a close bond with their new stepparents. If their biological parent and one of the stepparents also get divorced, and the child is separated from their stepparent, this could have a “devastating psychological and emotional impact” as the legislators put it. To avoid traumatizing the child, a family law court would have to award joint custody to 3 individuals: the biological mother and father and the newly divorced stepparent. This is now possible under the updated law.

Determining Child Custody with Multiple Parents

In cases where more than two people meet the requirements for establishing a claim to parentage under the Uniform Parentage Act, judges are now directed by law to consider awarding custody and visitation rights to any and all parental figures that may qualify. As in the past, judges will continue to consider what is best for the child as their most important criterion for awarding custody. With more have one other person potentially competing for a share of custody rights, it is more important than ever for parents to engage a skilled child custody attorney to help plead their case for custody or visitation.

Calculating Child Support with Multiple Parents

The formula used to complete the California Child Support Calculation remains unchanged in the updated Family Code. However, it will now be possible to split child support obligations three or more ways when a child truly does have three or more adults fulfilling the role of a legal parent. It is important for parents engaged in child support disputes to realize that this possibility exists, as arguing for shared child support from multiple parents can result in a better home environment for the child.

Types of Alimony

Alimony does not necessarily have to be paid for the rest of a divorced spouse’s life

Types of AlimonyWhen couples divorce, one spouse often ends up paying alimony to the other spouse so that they can support themselves and maintain their standard of living. This type of support is typically dreaded by the spouse who will end up paying it but vital for the one receiving it. Before you sign an alimony agreement drafted by your former spouse’s attorney, be sure you understand the type of alimony provided for and how this will affect your future.

Permanent Alimony

Permanent alimony is the most common type of alimony. It is typically awarded when couples who have been married for about 15 years or more decide to divorce and one spouse is unable to maintain their accustomed standard of living without support. Permanent alimony is considered somewhat old fashioned by some, as it harks back to the days when women traditionally did not work outside the home and therefore were not able to easily re-enter the workforce and support themselves if they became divorced later in life. Today, the high-earning spouse ordered to pay alimony may be male or female.

Temporary Alimony

Temporary alimony is, as the name suggests, a temporary measure. Because filing for divorce and finalizing all the agreements can take months or even years, judges often award temporary alimony to ensure that the dependent spouse can support themselves in a separate residence until the divorce goes through.

Rehabilitative Alimony

Rehabilitative alimony is often an excellent option to explore, from the point of view of both the payer and the recipient. This type of alimony is designed to provide the necessary funding and support for the non-earning spouse to complete any training or schooling necessary to successfully re-enter the workforce. It is good for the spouse paying alimony because it ensures the alimony obligation will have an end date, and it is good for the spouse receiving alimony because they end up with a marketable skill set and a career that will provide them with independence.

Transitional Alimony

Transitional alimony is designed to help the dependent or non-earning spouse transition into a new and separate life. Often this type of alimony is awarded as a one-time payment and may be used to cover a move or to purchase something like a new house or new car.

Alimony Is Awarded at a Judge’s Discretion

While your divorce attorney can help you figure out the best type of alimony and suggest an appropriate alimony sum, ultimately the decision will be up to the judge in your divorce proceeding. This means you need an attorney who knows how judges think. Torrence L. Howell has the skills and experience needed to help you understand what kind of alimony a judge is likely to award and how best to approach petitioning for that alimony. Call today for an initial consultation.

Are You Facing a Tough Family Law Decision?

Our client decision checklist can help

Are You Facing a Tough Family Law Decision?If you are facing a tough family law decision, you need to be sure you are aware of all your options, obligations, and rights. Consulting with an experienced family law attorney like Torrence L. Howell can definitely help, but if you don’t feel ready for this step, you may wish to consult our client decision checklist first. This checklist will help you understand some of the issues that will need to be considered in conjunction with various family law decisions.

Child Custody Issues

Some of the issues that need to be considered in a child custody case include:

  • Type of custody sought (physical and/or legal)
  • Decision-making rights & responsibilities of each parent
  • Access and visitation schedules for parents and grandparents
  • Restrictions on foreign travel
  • Access to school and medical records

Child Support Issues

Some of the issues that need to be considered in a child custody case include:

  • Amount of child support that is needed/appropriate
  • Schedule for making/receiving payments
  • Extra expenses (tuition, summer camp, extracurricular activities, etc.)
  • When the child will be considered emancipated (at a certain age, after college, after marriage, after moving out, etc.)
  • Support for medical expenses or medical insurance coverage
    • Alimony Issues

      Some of the issues that need to be considered in an alimony case include:

      • Amount of alimony that is needed/appropriate
      • Schedule for making/receiving payments
      • Type of alimony (temporary, rehabilitative, transitional, permanent)
      • Duration of alimony

      Divorce Property Distribution Issues

      While there are many issues that need to be considered in a divorce, property distribution is often one of the most contentious. Here are some of the issues that need to be considered when dividing up property and assets:

      • Which assets are shared
      • Valuation of assets (personal and business)
      • How non-cash assets will be distributed
      • How business assets will be handled
      • Which spouse will retain the home and how the other spouse will be compensated
      • A schedule for selling any real estate or other marital property
      • Tax liability associated with the above decisions

      Get Expert Advice

      If you are going through any of the above family law issues, you can get expert advice about your rights, options, and obligations from Torrence L. Howell. He will work hard to ensure that your interests are represented during the family law proceeding, whether it is taking place at trial or in a negotiation. Contact Torrence L. Howell today to schedule your free consultation.

Think Your Divorce Agreement is Set in Stone? Think Again

Your divorce attorney can help you seek or defend against modifications

Think Your Divorce Agreement is Set in Stone? Think AgainNumerous documents are generated in a divorce, including agreements governing how the newly separated family will be organized and provided for financially. For example, your divorce might involve an alimony agreement for support of your ex-spouse, a child support agreement for support of your dependents, and a child custody agreement for outlining visitation and custody rights.
Your divorce attorney will have fought hard to ensure that all of these agreements were fair and served your interests as best as possible at the time of the divorce. But as time passes after the divorce and family circumstances change, you or your ex-spouse may find that the agreements no longer serve the best interests of all the parties involved. When this happens, modifications can be sought. As your divorce attorney, Torrence L Howell can help with this process no matter which side of the table you may be on. He can help you seek modifications or defend against your ex-spouse’s petitions for modifications in the following areas.

Alimony

Unless your divorce agreement specified transitional, temporary, or rehabilitative alimony, you may have to support your ex-spouse for the rest of their life. If changing circumstances do not warrant ongoing support, or the amount of the alimony is no longer appropriate, your divorce attorney can help. For example, if the spouse receiving the alimony remarries or gets a new, high-paying job or the spouse paying the support loses their job, the alimony agreement may need to be changed.

Child Support

Child support agreements may also need to be modified due to the changing financial circumstances of the parents. Another reason to seek modifications to a child support agreement is that the financial requirements for caring for the child have changed. For example, the child might require medical treatment or the parents might want to enroll the child in a private school, get private tutoring, send them to camp, etc. If the new expense is ongoing, a modification to the child support agreement can make it official.

Child Custody

Child custody agreements are always drafted with the best interests of the child in mind. This may mean denying custody or unsupervised visitation to an unfit parent. However, if the parent can mend their ways and prove they are now fit, it may be best for the child to allow increased contact with that parent. Conversely, if a previously fit parent develops a drug problem or is no longer able to provide a safe home, it may be best for the child to be removed from the care of that parent. In either case, a modification can be sought to make the appropriate changes to the custody agreement.

Are You Considering Modifying Your Child Custody Agreement?

Three things to consider before updating your agreements

Child custody agreements exist to ensure that children get to spend time with each parent in situations where the parents do not live together. A child custody agreement may provide for both parents to share custody, or for one parent to have sole custody with visitation rights for the other parent. While every parent wants to spend time with their child, sometimes this is not possible or appropriate. If your child custody agreement prevents you from seeing your child and you want to change that, or if you feel that your custody agreement allows an unfit parent inappropriate rights to your child, you can visit Torrence L Howell for a free consultation regarding child custody modifications.

Physical vs Legal Custody

Before petitioning for child custody modifications, it’s important to establish which type of custody you wish to alter. Physical custody allows a parent to have the child live with them, while legal custody allows a parent to make legal decisions for the child, including decisions about education and healthcare. Even in situations where it is not appropriate to share physical custody, parents may want to share legal custody so that each parent can have a say in important legal decisions regarding the child. Physical custody may be denied based on the type of home environment a parent is able to provide, as well as on issues like abuse or drug addiction. However, with evidence of reform it is possible to change this through child custody modifications.

Will the Case go to Court?

Child custody battles that end up in front of a judge can be very expensive, not to mention disruptive to the child and the parents. The desire to avoid a court battle may affect how extensive the modifications you request end up being. Before petitioning for a child custody modification, it is wise to have your lawyer consult with the other parent’s lawyer to see if an agreement can be reached without fighting over it in court.

Impact on Child Support Agreements

Another important concern is whether the child custody modification will result in a child support modification. For example, moving from shared custody to giving one parent sole custody will likely cause the custodial parent to request additional child support to cover the extra time the child will be spending in their home. If you don’t want to pay the extra support, you may not want to move forward with the child custody modifications.

The best way to make sure you’re seeing all the angles on a child custody or child support modification is to have an expert family law attorney like Torrence L Howell walk you through the process.

Meet Tory Howell

torrence

If you’re looking for an experienced attorney in Upland CA, consider Torrence L Howell. With over 18 years of experience in the private practice and special expertise in family and business law, Torrence L Howell has the skills and knowledge required to help you. Whether you require representation for a court case, assistance drafting a contract or agreement, or just some legal advice, you can call Torrence L Howell.

Tory’s Qualifications

Torrence L Howell earned his Law degree from the University of La Verne College of Law in 1995. He passed the Bar exam for California that same year and has been practicing in San Bernardino, Riverside, Los Angeles, and Orange Counties ever since. He also holds a BS in Accounting and an MBA from University of La Verne.

Torrence L Howell is a member of several professional organizations, including the Association of Trial Lawyers of America, the San Bernardino County Bar Association, and the Western San Bernardino County Bar Association.

Child Custody and Child Support

As a parent himself, Torrence L Howell knows how important your children are to you. He can help you ensure their physical and emotional welfare during a divorce or custody battle by fighting for appropriate custody and support agreements. For example, he can help you deny custody or visitation to an unfit parent to protect your children from this inappropriate or even dangerous influence. He can also help you gain more access to your children if you are a non-custodial parent who deserves this right. Torrence L Howell also has a wealth of experience in child support cases in Upland CA and surrounding cities, and he can help you complete the California Child Support Calculation.

Family Business Law

Torrence L Howell’s background in business and accounting makes him an ideal choice for legal representation in business cases. Whether you are involved in business litigation, need to initiate or respond to a breach of contract dispute, or change the ownership structure of your business, he can help. He can also provide valuable insight into divorce cases involving family businesses.

Divorce and Related Issues

Of course, as an expert family law attorney Upland CA, Torrence L Howell has also seen countless divorce cases. He can provide the calm, level-headed representation you need during this emotionally charged period in your life and make sure you don’t accidentally forfeit your rights to property, assets, or child custody in an effort to get the divorce proceeding over with faster. You can trust Torrence L Howell to provide expert assistance with all of the issues related to your divorce, including alimony, child support, child custody, property division, and even restraining orders if needed.

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.

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?

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.

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.

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My ex-wife hired an attorney which prompted me to do so for our divorce. Torrence Howell was highly recommended from a friend of mine who used Torrence’s services for a divorce just like mine. The results came out much better than he ever thought it would. With all things being equal I felt Torrence would

-Anonymous May 23, 2018

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