Santa Clara County Family Lawyer. San Jose Child Custody Lawyer

Santa Clara County Family Lawyer. San Jose Child Custody Lawyer

Santa Clara County Courthouse

Author's Notes

I am a San Jose Divorce Lawyer in Santa Clara County Family Lawyer working in the Bay Area. I handle a variety of family law matters in the greater Bay Area.

I provide general information on various aspects of the divorce and family law.



This blog is for general legal information. It is not intended as a substitute for proper legal advice or to establish any Attorney Client relationship. Please contact a licensed Attorney if you have a legal problem.

Only with a written fee agreement is a Attorney Client relationship established with the Law Offices of James Chau
.

This blog is published by,
San Jose Divorce Lawyer:


Law Offices James Chau
181 Devine Street
San Jose, CA. 95110
(408) 649 - 3952

Wednesday, August 27, 2014

More and More Women are the Payors of Child Support

Times are changing and women have traditionally been the receivers of child support.  Now that more women are working and pay scales are equalizing, they are playing a larger role in society more than ever.  With that societal change is also causing a change in who typically pays child support.

According to a recent article, there is no longer any assumption that father is the primary income earner, that the mother will have primary physical custody and receive child support.
If the mother is primary wage earner there is a legal expectation that she would child support. Every state has its own guidelines for determining support and you should seek an attorney if you have any questions regarding the manner in which California calculates support.

According to the article in 2011, one out of six fathers had primary or full custody of their children. The article goes on to mention that this is nine times greater than it was when examined in 1960.  They point to 36% of the fathers receiving child support payments; compared to 50% of mothers who receive court ordered child support.

As the article mentions it is important to remember that the laws regarding custody and child support are gender neutral.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Legal Separation Discussion

Have you ever wondered what the difference is between legal separation and divorce? Well, I've found an article that might answer some of your questions regarding these two options.

The author, D. A. Wolf, states that a legal separation is a binding agreement in the form of a court order that defines the handling of assets, liabilities and other financial matters if you choose to live separately from your spouse. It is important to note that a legal separation does not return your marital status to single, however, like a divorce it clearly outline financial obligations and any arrangements regarding children of the marriage. If you decide to get a divorce in the future, many of the terms specified in your legal separation will be considered by the court and it is a minor formality to finalize the marital status termination.

There are a number of reasons why some choose legal separation over divorce. A few examples to consider are religion, health benefits, finances, and etc. There are a large number of factors to consider when determining whether a legal separation or divorce is best and you should seek the counsel of an attorney for assistance.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

New Law In the State Senate for Child Support Enforcement

According to an news article I recently found the Senate has passed a bill to crack down on deadbeat parents. The main idea of the bill is to prevent parent's from skirting child support payments by avoiding employment.

 This new bill that is proposed, would find a person duty-bound to pay child support by the courts is guilty of non-support in the first degree if they quit their job, reduce their earnings, avoid employment, or have been previously convicted in the preceding five years of the misdemeanor offense of non-support of a child. The non payment of child support is usually given the most preferential treatment in family court for enforcement and other remedies that are allowed.

 It is always advisable to pay off your child support first and to the best of your ability to avoid criminal and civil penalties that can come down. It will be interesting to see what comes of this bill in the future.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Thursday, April 3, 2014

Parental Alienation. How to Recognize it during Family Law and Child Custody Matters

What is the impact of parental alienation during divorces and family law cases? The author of this article discusses what children of divorce want and need to maintain a relationship with their parents and the matter of parental alienation.

 Some parents force children to take sides or cause a child to snub the other parent. The article describes parental alienation as, “...the “programming” of a child by one parent to denigrate the other “targeted” parent, in an effort to undermine and interfere with the child's relationship with that parent…”

 The article goes on to discuss what is parental alienation defined.  Parental alienation often involves several things: bad-mouthing the other parent, limiting contact, erasing the other parent from the child’s life, making the child feel unsafe with the other parent, forcing the child to choose between you, etc. When this occurs, the result is the loss of a loving parent from the child’s life (despite what you may think of the other parent).

 According to the article, the concept of "parental alienation syndrome" was developed by Psychiatrist Richard Gardner and defined it as a disorder that arose primarily from child custody disputes. The article further describes parental alienation as a form of brainwashing. How frightening is it to think that a parent is brainwashing their own child(ren) into hating the other parent!?! Yet this happens everyday. A child will often have a solely negative view of the other parent to point that the parent is demonized in that child’s eyes.

 The author notes that it has been reported by adult children of divorce that they felt the tactics of alienation are on the same level as extreme psychological maltreatment of children (such as: terrorizing, isolating, exploiting, and denying emotional responsiveness), and the effects of parental alienation on children have been documented: self esteem issues, depression, substance abuse, etc.

 Every child has the right to a loving relationship with both parent. The denial of that relationship by one parent is not reasonable.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

The Matter of Cohabitation and Spousal Support and Alimony

Many divorced couples today in an effort to move on with their lives, end up in situations where they live with their new significant other, but if the party living with their new boyfriend/girlfriend is receiving spousal support, cohabitation could jeopardize the support.  An article describes cohabitation as a couple living together in a marriage-like manner, with interwoven financial interdependencies among other things.

 According to the article, in the area of family law, cohabitation often forces the reevaluation of whether the spouse receiving support is already in a "supportive" relationship to the point that the need for financial assistance from the spouse paying support is reduced. Sometimes cohabitation is a matter covered in a Marital Settlement Agreement, however, it’s not language that is typically part of the document. This can leave the matter difficult for attorneys to piece together.

 If an allegation comes up and the matter ends up in Court, cohabitation and spousal support can be expensive in terms of legal fees and the likelihood of a successful outcome is dependent upon what is learned.

 The article outlines some helpful questions the article asks you to consider before taking on the task of modifying spousal support when cohabitation is an issue:

 1. Does the couple spend more than three or more consecutive overnights together in a given week?
2. Does the couple share household chores such as laundry, dishes, cooking, or mowing the lawn?
3. Does the couple have a shared bank account? Family plan for cell phone bills? Both names on a lease or car?

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Helpful College Tips for Divorced and Separated Familes

Getting a divorce and want to set-up a college account for your children?   I’ve found an article that offers helpful tips towards doing just that.  Now that there are two households, the decisions regarding how to plan for a child's college costs can be daunting.

 1. Negotiate now the set-up of the account(s) now- Per the article, it’s best to set-up a base now and revisit the issue if needed in the future. At least something will be there when college rolls around.  The decision making regarding the college costs can possibly prolong the divorce, but it may prove to be money well spent in legal fees, rather than going forward without a plan or order in place for the college bound child.

2. Secure the college fund- If you have already saves money for college, make sure it can’t be used for anything other than your child's education.  The article encourages readers to place any available funds into college funds as soon as possible to ear mark them for the child's education.

 3. Strategize about who fills out aid form- Forms are usually required for financial aid. Figure out who and how the forms can be completed.
 If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Tuesday, March 25, 2014

Does a More Stable Economy Equal Rising Divorces??

Now that our economy seems to be steadily recovering does this mean that the divorce rate will be on the rise? According to a recent article this may be so.

According to the article, several recent studies do seem to suggest that the divorce rate will increase as couples become more financially secure. According to the article, a spike in divorces is directly connected to the economic recovery.

The article suggests that during the Great Depression the rate of divorce decreased approximately twenty-five percent.  Apparently the economic troubles caused couples to wait things out until they were financially stable. The same thing appears to be happening now. A recent study has found that the divorce rate dropped significantly during the recession and is now beginning to rise again due to the improving economy. The exact impact of increased financial security in California is unknown, but couples throughout the state may now be seriously considering moving forward with separation and/or divorce.

The family law article also describes the three ways to end a marriage in California:

1. Divorce ends the marriage or partnership. Irreconcilable differences is the main reason cited for a divorce.

2. A legal separation. This is not a divorce, but a judge can make decisions regarding custody, child support and property division without officially granting a divorce. Neither individual can remarry after receiving a legal separation since the parties are still technically married still.

3. Annulment. An annulment is granted when the court finds the marriage or partnership is not legally valid.  The parties are asking the Court to void their marriage.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

If You Suspect your Ex is Hiding Assets

So you've decided to file for a divorce and settlement time has come around. During the negotiation stage, sometimes a party can’t help but wonder if their spouse has been forthright in disclosing all of their assets. I thought it would be nice to briefly discuss an article I read that provides tips on how you can do a little of your own research while you navigate the divorce waters:

• Take a look at income tax returns: The article suggests that people generally tell the truth to the IRS. Look at the last five years of returns. Are there any inconsistencies in income between the tax returns and their disclosures? Are there any real estate holdings or partnerships?

• Request copies of checking and saving account statements: Look for large purchases or deposits that you are not familiar with.

 • Get a credit report: You can look for lines of credit or mortgages that don't include you.

• Repayment of a false debt: Sometimes a spouse will “pay back” a false debt to a friend of family member and have that person return the money once the divorce has been finalized.

These a just a few of the tips the article touches on. Many of the tips offered are tasks that you can easily do on your own and others will require patience or even a specialist. Whatever the case may be if you suspect that your spouse is hiding assets there are ways with which you can do some digging to uncover the truth. Don’t settle for terms that are unfair if you know in your heart that there are more assets than are being disclosed.

 If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Expenses Related to Same Sex Divorce and Gay Marriages

It’s true that while gay marriage may be legal in some states, in many states the system and the attorneys are unsure of how to handle the problem of same-sex divorce. I’ve come upon a recent article regarding issues involved with same-sex divorce.

According to the article, many same-sex couples were together for years before they married under the law, but most courts will only divide assets starting the date of marriage. This is very difficult when many couples may have lived years or decades as if they were married and purchased properties together, shared accounts, raised children, made each other beneficiaries on insurance policies, and etc.

The article notes that while the cost of divorce varies by city and state, a traditional divorce costs considerably less that a same-sex divorce due to the complications regarding assets and the tracing problems that may exist.  While cost is always an unknown factor, please do not let cost be prohibitive if you ultimately decide that marriage is no longer an option for you.

Also, many same-sex couples have often traveled some distance to make their unions official, and don't live in the states where they got married. The article goes on to state that typically a divorce is granted to couples by the state where they live, but the states that do not recognize a gay marriage will usually not grant same-sex divorces. This means that many couples have to return to the state where they married just to get a divorce. This can be a financial strain as well as most states have residency requirements prior to filing their divorce petition.

Finding a lawyer familiar with the specialized practice of same-sex divorce can be expensive, so it helps to find someone who has knowledge of this particular area of the law.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Monday, April 9, 2012

Difficulties in Same Sex DIvorce

This is a topic I've written about several times before in my blog. The patchwork of laws out there are proving very difficult for same sex married couples to get divorced. If you thought getting married for a gay couple was difficult, think again. Gay divorce is proving to be very difficult legally for many couples as I found when reading an article recently.

Many gay and lesbian couples are fighting for the right to divorce. Because most states, and the federal government, don't recognize gay marriages, many same-sex couples are left with no way to officially split. For states that do recognize gay marriage, gay divorce is still difficult because gay marriages aren't recognized by the federal government or the IRS.

The article gives the example of an out-of-state couple who goes to Massachusetts to marry, or a couple who lives in-state and then moves away. If they are out-of-state or move from the state after marriage, they can't divorce in Massachusetts because they'd have to be a resident for at least a year. And to further complicate the matter, if the couple's home state doesn't recognize gay marriage, they can't divorce there either.

Many couples who want to split are forced to wonder if remarriage would be considered polygamy, what the other party’s property claim would be, or how they will solve custody issues.


If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.