Jump to Navigation

San Diego & Orange County Attorneys Blog

Gathering strength during divorce

Family law attorneys are generally full of helpful advice about navigating the legal processes associated with child custody matters, divorce, domestic violence and other issues affecting families that are facing changes and challenges. A great deal of this advice directly pertains to constructing legal agreements, navigating the court process and financial consequences of various options. However, some of the advice that attorneys have to offer is more personal.

When navigating the divorce process, it is not often simply enough to file paperwork properly and ensure that you show up to court dates on time. If you do not handle your emotions and mental reactions to the process in healthy ways, it can compromise the outcome of your negotiations. Strong emotions can cause individuals to react impulsively, out of anger, fear, denial, greed, sadness or guilt.

Considering the concept of permanent alimony

When couples decide to divorce, they must construct an equitable settlement agreement detailing how their assets, income and debt will be divided. In most states, agreements detailing division of property must reflect equitable distribution of marital assets. In addition, spousal support or alimony is often granted to enable one of the spouse's to remain at the standard of living that the couple had previously achieved.

There are many, many reasons to grant and to deny spousal support in any given situation. Only in rare circumstances may permanent alimony be granted. Nevertheless, many question if permanent alimony should ever be ordered by the courts.

Chapter 13 Bankruptcy and Voluntary 401k Contributions

The latest case garnering the attention of bankruptcy practitioners and Chapter 13 trustees in the Southern District Bankruptcy Court is the Ninth Circuit case In re Parks. Parks v. Drummond (In re Parks), 2012 Bankr. LEXIS 3762 (B.A.P. 9th Cir. Aug. 6, 2012).

When a person files a bankruptcy under Chapter 13, he or she will create a plan to repay his or her creditors. A plan is typically monthly payments over three to five years. (Whereas a person in a bankruptcy under Chapter 7, often pays nothing to creditors).

The amount a debtor can pay to creditors is determined, in part, by his or her income and expenses, the difference of which is identified as disposable income. What In re Parks clarified last year is that voluntary contributions to a 401k plan must be included when calculating disposable income.

This basically means that the Court wants to consider the possibility that a debtor pay more money to creditors at the expense of the debtor saving money towards his or her 401k plan.

In custody matters, does a child's opinion 'count' with the court?

When courts approach the subjects of child custody, visitation and parenting time, they are bound by a common standard. That standard is often referred to as the "best interests of the child" standard. This standard helps judges determine where children should live and what child custody specifics should entail for particular families. Young children may need their best interests determined for them. But older children and teens likely understand at least some of what constitutes their individual best interests.

As a result, courts increasingly pay attention to the opinions of children and teens as they age. The ages at which children's opinions may truly influence the outcome of a child custody dispute vary from state to state. But generally older kids may request to be heard by a family law court and teens must generally be heard if they request to voice their opinions.

Child Custody Disputes Involving Uniform Child Custody Jurisdiction And Enforcement Act (UCCJEA)

Our Managing Associate of the Family Law Division of Boyd Contreras, APC, Elyse Butler recently won a complex jurisdictional matter related to a child custody dispute and the Uniform Child Custody Jurisdiction And Enforcement Act (UCCJEA).

The UCCJEA vests "exclusive and continuing jurisdiction" for child custody litigation in the courts of the child's "home state"

Family Code section 2010 states that the court in the minor child's "home state" should make orders concerning the child. But, in this case, it was unclear whether California or another state where the child visited for extended periods of time was the child's home state. It could have been argued that both states met the definition of "home state."

Ms. Butler's ability to use the evidence code successfully as well as her knowledge and skills as a litigation associate for the family law division, enabled her to handle such a complex matter. Ms. Butler's ability to think fast and prepare properly enabled her to present strong evidence and examination of the witnesses involved such that the Family Law Judge was able to make a clear decision in favor of our client.

Boyd Contreras, APC is Continuing its Expansion!

new_office_web.jpg

Boyd Contreras is excited to announce our expansion in Downtown San Diego's iconic Emerald Plaza building. As we are currently located on the 12th floor of the building, we are preparing to move up to the 15th floor into a more expansive office space and the new home to Boyd Contreras, at 402 West Broadway, Suite 1500. We anticipate the doors of the new office to open this Spring!

Custom built for Boyd Contreras APC, the new office spans over 8,000 square feet, complete with ocean front views throughout, 3 conference rooms, a trial preparation room and state of the art litigation technology to continue to assist our clients efficiently and effectively. Our new headquarters offers cutting edge technology in a modern atmosphere and an incredible space plan.

We share pride in the Emerald Plaza's top-notch amenities and environmental values, making our choice to move within the same facility an easy one. Located in the heart of downtown, the building itself is a landmark, offering panoramic views of the Pacific Ocean, San Diego Bay, Coronado Island, and the downtown cityscape. To compliment it's aesthetic beauty, the building is committed to green initiatives and energy efficiency, earning it the General Electric Energy Star Award in 2008.

As always, we continue to provide premier legal services for our clients in matters involving Business Litigation, Real Estate Litigation, Entertainment Law, Family Law, Bankruptcy, and Trust and Probate Litigation.

Stay tuned for progress updates and photos as our contractors continue construction of our incredible new office!

To learn more about Boyd Contreras, APC's San Diego lawyers and Orange County attorneys, click here.

Post-divorce, couples are sometimes inspired to keep fighting

In the movies, the delivery of final divorce papers signals is portrayed as a solid reason for couples to achieve closure. And in real life, many times it is the conclusion of divorce settlement proceedings that allows individuals to move on emotionally, physically and financially from their former marriages. However, issues of complex property division sometimes inspire couples to continue fighting long after an allegedly final settlement has been reached.

Take for example, a couple on the East Coast whose divorce has long been finalized. During the couple's divorce proceedings, one spouse was granted custody of their child and another spouse was granted custody of the remaining frozen embryos that were originally conceived to help the couple get pregnant with their first child and any future children they might have together.

Dolores Contreras Discusses Bankruptcy

View the video (Spanish)

Dolores Contreras sat down with Abriendo Puertas's president and host, Claudia I. Ortega, to discuss details regarding bankruptcy.

Ms. Contreras states, "Some of the benefits of declaring for bankruptcy are: you can stop a foreclosure of your home, you can stop your wages from garnishment, you can remove all credit card debt and you can stop a lawsuit filed against you.

It is not very hard to qualify for bankruptcy, generally, everyone qualifies. It is important that you speak with an attorney about your specific situation and see if you qualify for a Chapter 7 or Chapter 13."

At a 2011 event, Ms. Contreras addressed the topics of shortsales, modifications, bankruptcy and which of those you should do first, the difference between 7 and 13, how to eliminate a second loan, what assets can you keep during a bankruptcy, and how a bankruptcy affects your credit.

To learn more about bankruptcy and how a Boyd Contreras, APC San Diego bankruptcy attorney or Orange County bankruptcy lawyer can assist you, click here.

"Fiscal Cliff Deal" Signed Into law. What Does It Mean For Us?

Yesterday, President Obama signed the 157 page American Taxpayer Relief Act of 2012 or "Fiscal Cliff Deal" into law.  What does it mean for us?  Here are the highlights:

1. Most of the "Bush Era" tax cuts have become permanent.

2. Unemployment benefits have been extended for an additional year.

3. The employee's payroll tax (or withholding) will increase 2% over the 2012 rate for most wage earners.

4. The individual income tax rate from 2012 will remain the same for single filers making under $400,000.00 per year ($450,000.00 per couple filing jointly).  For those with incomes above this threshold, the tax rate will rise to 39.6% from 35%.

When parental physical disability affects child custody disputes

The failure of the Senate to ratify the Convention on the Rights of Persons with Disabilities has recently inspired the media to focus on the struggles of disabled persons both nationally and overseas. Though the treaty was primarily intended to support expansion of rights for disabled persons overseas, Americans with disabilities still face the kinds of discrimination that should inspire our society to reevaluate and reform various regulations and institutions that affect their daily lives.

One situation that requires reform is the family legal system's approach to child custody issues involving disabled parents. More than six million American children have at least one parent who is disabled, according to a new report entitled, "Rocking the Cradle: Ensuring the Rights of Parents with Disabilities and Their Children." According to the report's authors, disabled parents are more likely to lose child custody following divorce and in some cases, as a matter of course.

Free Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Subscribe To This Blogs Feed
googlePlus Google + 1