Custody & Support Victory

CUSTODY & SUPPORT VICTORY
CHULA VISTA, CALIF
DEC 28, 2016

The Edmunds Law Firm, the leading divorce and custody law firm in San Diego, received a favorable ruling in court on multiple issues involving custody, support and support arrears. The Firm was represented by attorney Kim Soule. The case was contested and argued in the Chula Vista Family Law Division.

The Firm represented a father in a custody and visitation case. The father was seeking more time with his children, a modification of support and a request that support arrears should not be ordered. The judge ruled in our clients favor on all three issues.

The Edmunds Law Firm has been helping men and woman in Divorce cases including Custody Modification, Support Modification and Move Away cases for over 40 years. Attorney Alan Edmunds, a Former Judge Pro Tem, hires attorney's who are great litigators and enjoy the "battle" of family  law matters. The Firm helps both Active Duty with Military Divorce and residents in southern Calif with all phases of family law matters.

Alan Edmunds also encourages Divorce Mediation for many different types of cases where the parties are agreeable. Divorce Mediation saves money and time.

If you have questions about divorce, custody or visitation. Please call The Edmunds Law Firm for a professional and confidential interview - 800 481 2526. The Firm has convenient locations throughout San Diego county. You may also visit us at sandiegodivorcecenter.com


Military Divorce In California

California divorce laws are complicated. Divorcing couples who are involved with the military have another set of complex laws that apply.

“Military divorce” is not a legal term in the context of the law, but a term used to describe a divorce where one of the spouses is a military service member. This spouse could be active duty or retired, or in the reserve or guard.

Divorces for Military Couples

When filing for divorce in San Diego,  military divorces are not exempt from the same civilian requirements. Military couples experience the same process, but they will have other issues to address that may extend the length of the divorcing process. For example, if one of the spouses is on an active duty assignment or at a permanent station overseas, the couple could face a delay in their divorce.

Military divorce lawyers at the San Diego Divorce Center help service couples understand the basic divorce process and how their military service affects it. In addition to California divorce laws, federal laws will affect settlement agreements when it comes to military retirement payments.

Special Laws in Military Divorce

There is a complicated federal legislation called the United States Former Spouse Protection Act (USFSPA). This law dictates that military retirement is marital property. It grants every state individual control when determining the amount of this marital property to be distributed. There are other classifications that the USFSPA follows, like the 20/20/20 and the 20/20/15 former spouse designations. Couples easily get confused when learning these terms and understanding how they apply. The San Diego Divorce Center created military divorce resources to help make the complicated military divorce procedure easier for California couples.

Finding a Military Divorce Attorney in San Diego

San Diego Military divorce lawyers are hard to find, but the San Diego Divorce Center makes it easy for service couples to connect with attorneys experienced in state and federal laws. Finding a military divorce lawyer is just the first step in the California divorce process, but it’s a necessary one for couples divorcing in the Army, Air Force, Navy, Marine Corps or any other military or federal service.

If you find yourself faced with military divorce in California and need professional, compassionate advice on how to handle this difficult time, please call The Edmunds Law Firm at (800) 421-2526, or fill out the contact form on our website. We have over 40 years of experience handling a variety of complicated divorce cases around the San Diego area as well as nationwide.


Christmas Visitation For Divorced Parents

CHRISTMAS VISITATION FOR DIVORCED PARENTS
DEC 2 2016
EMERGENCY COURT ORDERS

 

The Edmunds Law Firm a leading provider of legal services in San Diego and Calif has been helping divorced parents who find their Christmas and Holiday Visitation blocked by the custodial parent. Attorney Alan Edmunds, a Former Judge Pro Tem, with the San Diego Superior Family Law Courts, accepts clients who need last minute emergency Orders for visitation.

The more time and Notice that clients give Attorney Edmunds the better preparation can be done. The Edmunds Law Firm has been helping family law clients with custody issues for 40 years. The Firms clients include Active Duty Military who are deployed around the world as well as Federal Contract employees deployed to the Middle East. Mr Edmunds handles Military Divorce and Custody cases with special fees for our Active Duty Men and Women.

A current copy of the last court Order is needed and Attorney Edmunds can move for Christmas and Holiday Visitation . Alan Edmunds is known as a Divorce Litigation Lawyer and is often referred to as one of San Diego's Best Divorce Lawyers. His experience and courtroom skills are only a phone call away. You may also visit the Firm on sandiegodivorcecenter.com - Call or email us today.

Christmas Kids (1)

 


Violence And Child Custody

Violence directed toward children has been headlines with the Brad Pitt divorce action. But, one of SAN DIEGO'S BEST DIVORCE LAWYERS, attorney Alan Edmunds of the Edmunds Law Firm states this is a big problem in San Diego because of the large military population.

Attorney Edmunds is the leading Military Divorce Lawyer in San Diego. With over 35 years of experience he has been helping military couples reach peaceful solutions in divorce situations.

Often the "violence card" is played by one spouse to obtain an advantage in a custody dispute. The courts then look to the evidence to make Orders . The results can be unfair and harsh. Attorney Edmunds uses experts at the beginning of custody cases that have allegations of violence as a means to rebut the accusations. He has been very successful in large part due to the tremendous preparation The Edmunds Law Firm puts into every custody case. Often using the Family Law Facilitator at the courthouse is not the best option.
 
Attorney Alan Edmunds is San Diego's Divorce Attorney with a mission. That mission is to achieve his clients goals. Call 800.481.2526 or visit our web sites at Sandiegodivorcecenter.com for immediate assistance by our staff of professionals.


All is NOT Lost: Ex Parte To the Rescue

If you are going through a divorce, you may have heard the term “ex parte” and wondered what it meant. Literally, in Latin, it means “from (by or for) the party” There are clients, all the time who come into our firm, and have a date in court pending. By pending, I mean the next day. It may be a hearing, it may be mediation with court services. You know who you are. You panic at the last moment and get an attorney. Well All is NOT lost!!

In an incredible triumph, where the cards were stacked against us, we were victorious for our client. At the last minute we were retained and there was a mediation 2 days later and a hearing weeks after that. We filed Ex Parte to be heard by the judge. We called the clerk who was less than positive. She actually told us that the judge probably would not even see us. That didn’t deter the attorneys at the EDMUNDS LAW FIRM one iota. We were at the courtroom first thing and we received our continuance of both the hearing and the mediation appointment.

But what does Ex Parte have to do with it all?

Going into court Ex Parte is used when something needs to happen immediately. There is an emergency you are facing and you need to get in front of the judge quick. You go in Ex Parte.

How does going to court Ex Parte work?

You have to jump through a bunch of hoops that are made even more pressing because it has to be done in a certain amount of time. You must call the court by 10:00AM the day prior to when you wish to be heard. Then, you have to call the other party or other attorney and let them know when, where, and why you are going in Ex Parte. Then you have to fill out all the paperwork and have it at the courthouse by that day at noon.

If you have an emergency whether it is a court date you are unprepared for or your child comes back from visitation with tales of abuse, God forbid, you may need to go to court Ex Parte. Don’t do it alone. Let those that know all about Ex Parte go in for you Ex Parte. Call the Edmunds Law Firm today.


My Declaration of Disclosure is Killing Me

If I have heard it once, I have heard it one hundred times, “Do I really have to fill out my Schedule of Assets and Debts?” Another tactic people love to do to avoid their Declaration of Disclosure is to turn in their paperwork with the Schedule of Assets and Debts Blank. I know it is a nightmare. When I think about it, it would be a nightmare for me if I had to fill out that form. However, it MUST be filled out and served on the other party or you cannot proceed with your divorce. There is no getting around your Declaration of Disclosure

What is a Declaration of Disclosure anyway?

A Declaration of Disclosure is comprise of three parts....there is a final proof of service but we don’t need to consider that, just yet. The Declaration of Disclosure is comprised of:

  1. Income and Expense Declaration - If you have an easy peasy divorce, this may be the only one you fill out. If you have a complex, protracted case you will fill out many, many Income and Expense Declaration. They are only good for 30 days. So if you are going to court about a monetary issue, you will probably need a new one...EVERY time.
  2. Schedule of Assets and Debts - This is the document in the Declaration of Disclosure that gets people down. It is four little pages that cause oh so much trouble. You have to list ALL your assets, whether they are separate property or community property, and ALL your debts. Then,  you have to provide the latest statement. It is all very ugly. It requires digging through file cabinets and lots of copying.
  3. Declaration of Disclosure - This is just the cover page. It is the easiest part of the process and requires no headache whatsoever.

Final Piece of the Declaration of Disclosure puzzle.

  • 4. Declaration Regarding Service of the Declaration of Disclosure - The best part of all of this Declaration of Disclosure stuff is that the Schedule of Assets and Debts isn’t even filed in court. It is only served on your soon to be ex-spouse. However, to show the court that you indeed served them all this paperwork, you do have to file this form where you swear, under the penalty of perjury, that you gave up the goods.

You know you need help when you don’t even want to fill out the forms...when you look at them and they are a nightmare. Attorneys, like those at the Edmunds Law Firm, will clarify your declaration of disclosure and stay on top of you to make sure you fill out those tedious forms. Call the Edmunds Law Firm today!


Is there a Spousal Support Calculator in California? We are having trouble.

You are having trouble because the courts have wide latitude in determining alimony, or spousal support, as it is called, in California. You will definitely find an easy peasy spousal support calculator online. You pop in the numbers and out comes your support. Here, at Edmunds Law Firm, that is where we begin the discussion. However, that is rarely where it ends. The reason is that, In California, according to California Family Code §4320, there are many factors in this “spousal support calculator” that the courts MUST consider. These factors are not found in your simplistic spousal support calculator. The California codes don’t always use the word MUST….but here, they did. That is why it is important to have seasoned family law attorneys who know how to gather and present evidence on each of these factors.

What Are These Spousal Support Calculator Factors The Court MUST Consider?

  1. Whether the earning capacity of each of you is sufficient to maintain the standard of living in the marriage. The court must take into consideration:
    1. The skills of the supported party- What are they? Are they marketable? What is the time and money needed to train or retrain the supported party?
    2. The impairment of skills due to periods of unemployment devoted to domestic duties.
  2. Is and how much is the supported spouse’s earning capacity blown because they contributed to your license, training, or advanced degree?
  3. Can you pay spousal support, taking into consideration your income, assets, standard of living, etc?
  4. The needs of the parties based on the standard of living set up in the marriage;

Before I go on with the realistic spousal support calculator that the courts MUST use, let me point out that there is a lot in there about the standard of living in the marriage. Don’t think one of you is going to have to sleep on a couch while the other is making out like a bandit, living like a king. The courts are looking at how you both lived in your marriage and balancing the hardships.

  1. The obligations and assets of each property, including separate property. Yes, this is where that yacht and estate bequeathed to you by your rich uncle come into play.
  2. How long were you married?
  3. Whether the supported spouse can get gainful employment whilst taking care of your twin two year old boys and autistic 12 year old daughter. Otherwise stated as, can your spouse have a job and still take care of the children adequately?
  4. The age and health of the parties;
  5. Any evidence of domestic violence, either way;
  6. The tax consequences to each party;
  7. The balance of hardships; See…it is even one of the standards.
  8. The goal of having the supported spouse self supporting in a reasonable amount of time; Reasonable to the court means:
    1. A marriage of short duration (10 years or less): Half the duration of the marriage
    2. A marriage of long duration (over 10 years): It could be indefinite

The court has ultimate discretion in regards to Spousal Support Calculator timing. However, it is public policy that spousal support doesn’t go on indefinitely. It all depends on your unique circumstances.

  1. The criminal conviction of an abusive spouse can be used to reduce the support amount or eliminate it altogether.
  2. This is my personal favorite Spousal Support Calculator guideline. Wait for it….Any other factor the judge deems just and equitable. That’s right…add your complex and odd circumstance here, if the judge thinks it is just and equitable to consider it, they can.

I hope after reading all these pieces that go into a spousal support calculator in California you know why there is so much contention surround spousal support. There is a lot to consider. My best advice, don’t go at it alone. Find yourself an attorney that knows California Family Code §4320 very well. The attorneys at Edmunds Law Firm are eager to show you their knowledge of the real California Spousal Support Calculator. Call them today and get the help you, so desperately, need.


Is Your Marriage Failing?

The holiday season is often seen as a time of happiness to spend with family and friends. The San Diego Divorce Lawyers understand that many households throughout the Unites States are not filled with joy over the holiday season. When relationships begin to strain, it is common for both members in the relationship to pretend that nothing is wrong when around friends and family. The San Diego Divorce Center understands how difficult it is for couples struggling to continue living the life in a relationship without love.

There are often many early indicators showing that unhappiness exists in a relationship. At the end of the day, do you and your spouse find each other distracted around bed time? If both of you are constantly on the computer or phone, it could be an indicator that both of you are ignoring the fact that you are ignoring each other.

Our San Diego Family Attorney is dedicated to helping your family understands that not every marriage will last, but there are peaceful options to end poorly though through marriages. It is often the case that many marriages were started for good reasons, but many of the important questions of life were never asked prior to the “I Do’s.”

If you would like more information regarding a Family Divorce Lawyer please call us at (800) 481-2526 or fill out our contact form.


Long Winters Strain Marriages

The winter months are often difficult for couples that have grown apart for one reason or another. The constant interaction with your spouse might be enough to make you realize that your relationship and marriage is not what it once was. Unfortunately, situations like these can turn into sour relationships and this can lead to poor environments in which to raise children. The San Diego Divorce Center understands the difficulties of a separation or divorce. We want to help your family ease their transition into the next phase of their lives.

Constant interaction with your spouse can be extremely difficult if the mutual feelings that built your relationship begin to disappear. The San Diego Divorce Attorney understands that an increasing percentage of marriages in the United States will fail.  Our Divorce Attorneys in San Diego that will work with your case are extremely knowledgeable and will help you work towards a fair separation.

Divorces in San Diego can be more difficult when children are involved. Child custody agreements in a divorce hearing can be extremely difficult to agree upon when both parents fight for custody. Our San Diego Divorce Lawyers are dedicated to helping your family continue through this tough time and are often your best chance at reaching a peaceful solution.

If you would like more information regarding a Family Divorce Lawyer please call us at (800) 481-2526 or fill out our contact form.


The Top Things Divorced Parents Do Right

There is a common misconstrued opinion that divorced parents often neglect their children’s well being during a separation and divorce. Observing a divorce without actively discussing it with the family can cause many people believe that once a couple divorces, their children will be forgotten. Tensions are often high with a wide range of emotions from jealousy, anger, and regret, but the love of a child is not easily forgotten. Some circumstances can arise where a parents looses sight of what is important, and not all divorced couples use their children as a means to manipulate the outcome.

Encinitas Divorce Lawyers understand that parents tend to focus on their children more often than not. Due to the fact that a divorce can cause serious trauma in a child’s life. Many divorcees focus in on the needs of their children in order to help them heal. In consequence, divorced couples need to focus on their child’s emotional state in order to avoid their own emotional distress issues. This can help avoid problems like “acting out” out of emotional confusion later in life.

In addition to helping their children deal with any emotional issues they may experience, the goal is to make the child feel loved regardless of their parent’s marital status. A lot of divorced families establish two loving households in order to remind the child of his or her importance, regardless of the situation. In a lot of ways, children feel in control of their life situation when their parents make amends for the purpose of their child. In order to allow a relationship with both parents, many divorced couples do not “bad mouth” their exes. This is important for the sake of the parent-child relationship.

Last but not least, all that parents really want is for their child to be happy. This means allowing their child to experience childhood without feeling like they have to be a replacement adult for the parent not around. The bottom line is not to reprimand the child for a divorce that occurred between the parents. This can be achieved by emotional support and reiterating how important the child is to his or her parents.

If you would like more information regarding a Family Divorce Lawyer please call us at (800) 481-2526 or fill out our contact form.