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What is Timeshare Custody?

Hossein Berenji,

Child custody and child support are two separate and distinct ideas. However, child support calculations are often dependent on custody arrangements. While custody is not the only factor that will impact child support calculations, it is one of the most important things to consider. Generally speaking, the parent who spends less physical time with their child will be responsible for paying child support. The less time that parent spends with the child, the higher that child support obligation will be. The amount of time a parent has custody of his or her child is known as “timeshare” or “custody percentage.” Why is Timeshare Important? It’s important to accurately calculate each parent’s custodial timeshare. Why? Timeshare is an important factor in … Continued

What is Imputed Income in California Child Support Orders?

Hossein Berenji,

Parents in the throws of a heated divorce can often lose sight of the things that matter. Child support, for example, can be incredibly important to a child’s development, health, and well-being. Unfortunately, some parents tend to resist or dodge child support obligations, forgetting that these payments are for the benefit of their children. One way that a parent may try to dodge or reduce child support obligations is by changing an important factor in the calculation of child support requirements: income. Child support is determined, in part, based on each parent’s income, earnings, and assets. While timeshare custody is also important, income tends to be the most influential factor in child support determinations. Some parents have found that reducing … Continued

What is an Annulment?

Hossein Berenji,

You may have heard of an annulment, but do you know what it is? In California, it’s one way that couples can end their marriage. However, unlike divorce, not everyone will qualify for an annulment. The process is reserved for marriages that are inherently void and/or unlawful. Annulment in California When a marriage is annulled, it is as if the union never happened at all. As a result, the formerly-married couples are no longer bound by the laws of marriage or eligible to benefit from the union. This means that former spouses will no longer be prohibited from marrying other people, but they will also lose protections offered to married couples (e.g., tax benefits, property classifications). Grounds for Annulment A … Continued

How Can I Change My First or Last Name in California?

Hossein Berenji,

While we are all given a name at birth, that name does not always stay with us for life. Whether you’re getting married, ending a marriage, or trying to protect your family from harm, there are always legitimate reasons to change your name. How can you legally change your name if you live in Los Angeles? The answer will depend on why you want to make the change. Changing Your Last Name For Marriage Getting married is an exciting time in your life. You are getting ready to merge two lives into one and begin a journey with the person you love. One tradition is for one spouse to take the last name of the other spouse. How does this … Continued

What is a Subpoena?

Hossein Berenji,

Family law disputes can be difficult to navigate. This is especially true if spouses or parents are not seeing eye-to-eye. Subpoenas can be used to help gather information, evidence, and testimony necessary to resolve a dispute. Ignoring a lawfully-issued subpoena can have serious civil and/or criminal consequences. What is a Subpoena? A subpoena is a legal order requiring a person to do something. The requirement may be to physically show up in person or to produce documents relevant to a legal proceeding. Since a subpoena is a legal order, ignoring or refusing to cooperate carries substantial penalties. In fact, the term subpoena literally means “under penalty.” Subpoenas can be essential to uncovering information that is relevant to a family law … Continued

What is Arbitration?

Hossein Berenji,

Are you thinking about getting a divorce? Will you and your spouse have difficulting agreeing on the terms of your split? Do you want to keep the details of your divorce private? You may want to consider using the alternative dispute resolution tool of arbitration. What is Arbitration? Arbitration is an alternative dispute resolution process that may be helpful to couples seeking a divorce. Couples who have difficulty agreeing on the terms of their divorce, or those like Tarek and Christina El Moussa who want to keep their divorces private, can benefit from choosing to use arbitration. The process allows couples to bypass the traditional divorce process, stay out of the courtroom, and keep decisions in their own hands. With … Continued

Understanding How Health Insurance Can Affect Child Support Requirements

Hossein Berenji,

When parents decide to get divorced they must make some tough decisions about the future of their family. Most importantly, parents must try to agree on child custody and support arrangements. Child support is essential to make sure that children are taken care of, financially. Support is used to pay for a child’s education, housing, entertainment, clothing, and, among other things, healthcare. Healthcare costs in America can be prohibitive. In California, the cost of healthcare for a child is factored into the equation when child support requirements are being calculated. This helps to ensure that parents keep their children insured and keep up with child support payments. Health Care Requirements When You’re Covered by Insurance Some parents will be covered … Continued

What is Legal Separation and How Can It Benefit You?

Hossein Berenji,

Did you know that January is the most popular month for spouses to legally separate and/or file for divorce? Many experts believe that the month is so popular because it marks a new beginning. New year resolutions are incredibly popular, and spouses who are unhappy in their marriages may decide to take their lives in a new direction in a new year. Legal separation is, many times, the first step that spouses take when they decide to get a divorce. What is Legal Separation? Simply put, legal separation allows married spouses to live apart and lead separate lives. In order to become legally separated, couples file a petition with a court in a process nearly identical to filing for a … Continued

Four Signs of Divorce

Hossein Berenji,

How can you know if your marriage is at risk? What signs tend to indicate that a marriage is in trouble? As experienced Los Angeles divorce attorneys, we have helped thousands of clients through an incredibly difficult time in their lives. Our years of experience have allowed us to witness the inner workings of failing marriages and the signs that tend to indicate a divorce may be on the horizon. If you think that your marriage is in trouble it is important to be aware of the top four signs of divorce. Fighting More Than Usual When you first got married you may have enjoyed a honeymoon period where everything was wonderful. You may not have agreed on every decision, … Continued

Understanding the Differences Between Legal & Physical Custody

Hossein Berenji,

Funnyman Bill Hader, best known for his time on Saturday Night Live, recently filed for divorce from his wife after 11 years of marriage. Hader and his wife have two children together who will be affected by the split. In order to finalize the divorce, Hader and his wife will have to agree on a custody arrangement for their children. In California, there are actually two distinct types of child custody: legal and physical. Each type of custody refers to a different set of rights a parent will have in regard to their children. According to early reports, it appears as though Hader has requested joint physical and legal custody of the kids. Legal Custody What is legal custody? Legal … Continued

Requesting Psychological Testing in a Los Angeles Child Custody Matter

Hossein Berenji,

Do you think that your child’s other parent is emotionally or psychologically unfit to care for your child?  Are you afraid that your child is at risk of harm because of a parent’s mental health condition? Whether you are in the middle of getting a divorce, have never been married, or have been separated for years, you have the right to make sure that your child is safe. In California, you have the right to request psychological testing in your child custody hearing. Considering the Best Interests of a Child Courts are required to determine a child custody arrangement that serves the best interests of the child. In most cases, this will mean awarding joint physical custody and keeping children … Continued

Spouses Will No Longer Be Entitled to Deduction for Alimony Payments

Hossein Berenji,

If you are thinking about getting divorced it may be prudent to make a decision in the very near future. A recent change to the tax law will eliminate the deduction for alimony payments for all couples who divorce on or after January 1, 2019. This will not only be a huge financial blow for spouses who are ordered to pay spousal support, but it will also likely drag out divorce contests and increase the costs of litigation. Fortunately, couples who divorce or sign a separation agreement before the new year will be able to enjoy the benefits of the alimony deduction. Current Law: Alimony Paid to a Former Spouse is Deductible Most spouses have significantly different incomes. In some … Continued

Drug Testing in Los Angeles Child Custody Cases

Hossein Berenji,

Drug and alcohol abuse is one of the leading causes of divorce in Los Angeles. If your spouse’s drug abuse has led you to the important decision to get a divorce it is important to contact a Los Angeles family law attorney. This is especially true if you and your spouse have children who will be affected by the split. As a part of your divorce, you will be required to determine a custody arrangement for your children. When drug and/or alcohol abuse are factors in the divorce you can fight to limit your spouse’s custody and/or visitation rights. Asking the court to order a drug test can help to support your arguments during a child custody dispute. Keeping Los … Continued

False Allegations of Domestic Violence

Hossein Berenji,

Domestic violence is a huge problem in Los Angeles and the state will not hesitate to prosecute you if you have been accused of abusing someone in your home. While an aggressive approach helps to enforce the law and protect victims, this system is easily abused. There are too many times when scorned lovers, upset parents, and estranged spouses make false claims of domestic abuse. These false allegations are also made to gain the upper hand in a divorce or child custody battle. If you have been falsely accused of domestic violence in Los Angeles do not hesitate to contact an attorney. Hiring an attorney to help you fight the false allegations can prevent you from suffering serious and life-changing … Continued

Stars Fishburne and Torres Formally File For Divorce After 15 Years of Marriage

Hossein Berenji,

Another heavyweight Hollywood couple is calling it quits. Laurence Fishburne, who stars on the sitcom Blackish, recently filed for a divorce from his estranged wife, Suits star Gina Torres, after 15 years of marriage. The couple, who have been formally separated for over a year, will have to tackle complex divorce issues including a division of assets and agree on a custody arrangement for their 10-year-old daughter. Disposition of Marital Assets It appears as though Fishburne and Torres have been working together over the past year to settle on amicable terms for their split. Reports state that they have entered into a preliminary agreement about how their property should be divided. If all goes as planned, the couple will formally … Continued

The Consequences of a Divorce for Harvey Weinstein

Hossein Berenji,

The number of women who have accused Harvey Weinstein of sexual misconduct continues to grow. So far, at least 60 women have come forward with their own stories. It is no surprise that Georgina Chapman, Weinstein’s wife, has begun to reconsider her marriage. According to many reports, Chapman has started to shop for a divorce lawyer. Weinstein not only faces possible criminal charges and sexual harassment lawsuits, but also a crumbling marriage. Weinstein’s actions, however, do not only affect him. Weinstein and Chapman have two kids who will have to deal with the divorce, as well. Considering the Best Interests of the Children When Chapman files for a divorce she will likely request sole physical custody of her children. Parents … Continued

Chris Pratt and Anna Faris Delay Divorce Amid Rumors That They Don’t Have a Prenup

Hossein Berenji,

Prenuptial agreements are a great way to protect yourself in case your marriage does not work out. This is certainly true if you or your spouse earn a lot of money. Earlier this year, movie stars Chris Pratt and Anna Faris announced that they would be separating after eight years of marriage. However, the couple seems to have recently postponed any concrete plans to divorce. Many experts in the entertainment industry believe that this may be because the pair does not have a prenuptial agreement. What Is a Prenuptial Agreement? A prenuptial agreement is a private contract between two people who intend on getting married. California is a community property state. This means that when a couple gets divorced, each … Continued

Can You Sue for Defamation in a Divorce?

Hossein Berenji,

Family law controversies can be complicated. Tensions and emotions often run high. It may not be uncommon for one spouse or parent to say or write something negative about the other. Many times, these statements are considered to be a normal part of a divorce, alimony hearing, or child custody battle. Hurtful or untrue statements are just a normal byproduct of a messy legal battle. When do those harmful statements become defamatory? When can a spouse or parent pursue civil damages for what the other has said? If your spouse or co-parent has said or written something defamatory about you, and you may be able to recover compensation through a civil lawsuit. What is Defamation? First, it is important to … Continued

Can You Kidnap Your Own Child?

Hossein Berenji,

When parents are in the middle of a contentious child custody battle the situation can be tense. In some cases, a child custody battle can escalate to the point where one parent decides to physically take the child without the permission of the other parent or the court. If this happens, a parent can face criminal charges for parental kidnapping. If you have been accused of kidnapping your own child – whether you are in the midst of a child custody battle or not – it is important to understand the potential criminal consequences you may face. Your actions during a civil child custody battle can most certainly have criminal consequences. Kidnapping is somewhat of a misnomer. There is no … Continued

Jurisdiction in California Divorces

Hossein Berenji,

Gone are the days when young couples get married, buy a home, and stay in one place for the duration of their lives together. It seems that now, more than ever, couples are less likely to establish long-term ties to a particular geographic location. It is not uncommon for young couples to move across the country for a new job, a new school, or simply to try something new. While this lifestyle can be a great way to see new places and try new things, it can create difficult circumstances should the couple decide to get a divorce. California Residency Requirements In California, a spouse can petition for a divorce if the residency requirements are met. A California court will … Continued