California uses a child support guideline formula to determine the appropriate amounts owed to the custodial parent. This guideline depends heavily on net income and the amount of time each parent spends with the child or children.

The California Family Court looks at two main factors when calculating child support: each parent’s net income and the amount of time each parent spends with the child or children. Additional factors that may have an effect on the overall amount of child support awarded to the custodial parent include child care expenses, medical insurance premiums, home mortgage payments, tax filing status, and any other expenses that may impact the family’s financial situation.

When a judge calculates child support amounts, he or she will look very closely at the amount of time each parent spends with the child or children. This amount of time is then entered into a complex formula that is used to calculate support payments, often referred to as the “J Factor.” This element is named so because the California Child Support Guideline operates using a mathematical formula in which “J” refers to the amount of time the non-custodial parent spends with the child or children.

The formula used in calculating child support is the same in every case and in every court in California. Because the formula used to calculate the child support amounts is complicated, the court most commonly utilizes a computer program called a Dissomaster™ to calculate the monthly child support amounts. The information entered into the program will be provided by the custodial and non-custodial parent. However, an experienced family law attorney will negotiate certain items with the other party to ensure that the proper child support is received each month.

“Family law attorneys will often negotiate what gets calculated into the non-custodial parent’s net income. They may ask the court to award support based on bonuses, commissions, overtime work and any other supplemental income they feel is regularly occurring,” explained Gerald A. Maggio, an Orange County divorce attorney.

Basic child support does not include the cost of child care or uninsured medical expenses. These additional costs will be considered by the court and will be ordered in addition to the guideline support.

These types of expenses are called mandatory add-ons, and a judge will take them into consideration before deciding on a final amount. Usually, a court will order that each parent is responsible for paying half of the child care expenses necessary for the custodial parent to be employed full time. In addition, the court will order that each parent be responsible for one half of the child or children’s medical and dental expenses which are not covered by insurance.

Although calculating child support can be a complex process, it’s important that a judge consider all of the factors when awarding child support amounts. “Parents have an important responsibility to provide for their children. Paying the appropriate amount of child support fulfills that obligation. Not getting the appropriate amount of child support will place financial strain on the custodial parent, and this, in turn, will put the child or children at great risk,” noted Maggio.

To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.

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Going through a divorce can be a difficult time for couples. Not only must they decide on an attorney to hire, but they must also consider whether a divorce can be handled through mediation rather than litigation.

Mediation is a practical option that can offer couples a chance to end their marriage in the spirit of cooperation rather than hostility. Once mediation is chosen as an option, the couple will work with a mediator to reach an amicable resolution of any issues that remain at the dissolution of the marriage.

“Mediation can offer couples the opportunity to end their marriage in a manner that minimizes stress and maximizes cooperation. During mediation, both parties can work together to achieve a positive outcome where both parties get some of what they want,” explained Gerald A. Maggio, an Orange County divorce attorney.

One of the most common reasons couples choose mediation is because it is less expensive than litigation. A couple will need to hire only one person to assist them in their divorce, rather than two separate attorneys. It is a flexible, inexpensive way for a couple to end their marriage without much conflict.

Mediation is also a good choice for couples because it offers them a greater degree of control than other options. When couples choose to pursue litigation, all of the decisions regarding their future rest in the hands of a stranger who really does not know their situation and personal circumstances.

“If divorces are settled through litigation, a judge will be responsible for making decisions that will affect a family’s future. A judge will have limited time to hear the details of each divorce case and cannot carefully consider how a decision will affect a family in the long-term. Mediation, on the other hand, offers families the flexibility to take as much time as necessary to consider how these decisions will impact their future,” indicated Maggio.

A divorce can have a traumatic effect on children, and pursuing mediation instead of litigation is often easier on them. When choosing to use a mediator, it can help families move forward in a way this is amicable. Children will not be subjected to a bitter battle in a court room, and the couple will be able to work together to find the best solution without putting the children in the middle. “Placing children in the middle of difficult divorce proceedings could impact their ability to have healthy relationships and may cause them to suffer emotional problems that can carry into adulthood. Mediation allows parents to discuss important decisions in an arena that is less stressful on child,” added Maggio.

Mediation is also a great option because it does not limit couples from going to court. If a couple is not satisfied in mediation and cannot come up with a solution that fits both parties, they can stop at any time, retain separate attorneys and have a judge decide their important issues.

Mediation is not the only alternative to an unpleasant divorce experience, but it is an option that deserves serious consideration. A family law attorney is an excellent choice for a mediator, as he or she will know and understand the rules of divorce and will understand the type of decisions a judge could make, if the matter has to be litigated. A divorce attorney serving as a mediator can also prepare the necessary documentation to complete the divorce process in the court.

To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.

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Unmarried mothers face a number of legal issues that must be dealt with to secure the health and happiness of their child. A family law attorney can help unmarried mothers navigate these difficult legal issues and secure adequate child support.

Unfortunately, many unmarried women find themselves alone after they become pregnant and the father of their child leaves. This abandonment can be emotionally taxing for a young woman by itself, and there are a number of legal issues at stake that must be handled as well. Not only must the child’s paternity be confirmed, child support must be secured from the baby’s father, and a child custody arrangement must be worked out between the parents.

Once an unmarried woman becomes pregnant, determining the paternity of the child is essential in pursing child support. With married parents, paternity is established automatically. However, if parents are unmarried, paternity establishment is not automatic.  Both parents should start the process as soon as possible, so that the child will not have to suffer. Once the child is born, unmarried parents can establish paternity by signing the voluntary Declaration of Paternity. If the father contests the paternity, a paternity test can be administered.

Once paternity is established, a family law attorney can then work to get an order of child support from the father, and the California Department of Child Support Services can assist unwed mothers with child support collection and enforcement. Securing child support is an essential step for unwed mothers, as it offers the financial support necessary to make sure that the child is properly taken care of.

Child custody arrangements between unmarried couples can be quite complex and difficult to navigate. An experienced family law attorney can help unmarried mothers construct a child custody arrangement that will work for both parents and will serve the best interests of the child. When establishing custody, the courts will take a number of factors into consideration including:

• The child’s health, safety and welfare
• The stability of each parent’s home environment
• The history of physical abuse
• The parents’ criminal history, as it may restrict custody or visitation orders
• Whether or not siblings are involved
• The wishes of the child, if he or she is old enough to make them known

A family law attorney can provide assistance in working through all of these issues. Just because a young woman is not married when she becomes pregnant doesn’t mean that the mother, and child, do not have legal rights.

To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.

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Prenuptial agreements can be designed to protect more than just premarital assets. They can outline how couples want to divide their future earnings in the event of a divorce.

While many people assume that prenuptial agreements are only useful when one partner brings a significant amount of wealth to the marriage, this assumption is incorrect. Prenuptial agreements are not limited to specifying the division of assets attained before the marriage. They can also be useful in specifying the division of assets that are accumulated during the marriage. There are a number of different situations which warrant a prenuptial agreement when neither partner has a lot of assets before the marriage.

A common example of a situation in which a prenuptial agreement might be necessary is when one partner agrees to support the other during professional or graduate school. Even though neither one of the partners has a lot of money at the beginning of the marriage, supporting the other partner through school can have a great impact on that partner’s future financial success. In a situation such as this, the earning potential of the partner who receives the advanced degree is likely to be much greater than that of the supportive partner.

Without a prenuptial agreement the partner who earned the advanced degree isn’t likely to be obligated to share his or her earnings with the other spouse in the event of a divorce. However, a prenuptial agreement can be used to protect the interests of the supporting spouse by specifying terms for spousal support in the future.

More and more Americans are choosing to become small business owners, and a prenuptial agreement can also protect spouses who have individual interests in forming a business and those who choose to go into business together. A prenuptial agreement can set out rules for how business assets should be handled and divided in the event of a divorce. By agreeing on these issues in advance, both spouses can be confident that their earnings will be divided fairly.

Prenuptial agreements can thus provide couples with a feeling of security about the assets couples accumulate together. An expert family law attorney can help couples draft a prenuptial agreement that will protect the interests of both parties and their future earnings.

To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/

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Although California is a community property state, the courts have special rules regarding settlements from personal injury cases. Personal injury settlements may or may not be considered community property, depending on when the injury occurred.

If you are considering a divorce, you may be wondering if your spouse’s personal injury award will be considered separate property or community property. In California, any reward that is the result of a personal injury settlement may or may not be characterized as community property.

Whether or not a personal injury settlement is classified as community property depends on when the cause of action occurred, not when the proceeds were received by the injured spouse.

The proceeds of a personal injury settlement are characterized as community property, if the cause arose during the course of the marriage, and before separation. If the cause of action occurred outside of this time frame, the proceeds of the settlement are considered separate property of the injured spouse under California Family Code 760 and 761. If the damages from a personal injury settlement were commingled with other community property funds, then it may be difficult to trace the source property and, as a result, the funds may all be considered community property.

Normally, the court will award the damages to the spouse who suffered the injury, unless there are special circumstances to be considered. Factors that the court may consider include the financial needs of each party, economic conditions, costs incurred by the non-injured spouse if he or she cared for the injured spouse, the time that has elapsed since the injured party recovered the damages, as well as any other factors relating to the case. In the event that the court considers these issues, damages will be assigned to the parties in a manner that the court finds to be just. Ultimately, though, the court will award at least one-half of the damages to the injured spouse when the damages are characterized as community property under California law.

If you are contemplating filing for divorce in California and are concerned about how a personal injury settlement will be divided, make sure you hire an expert divorce lawyer who can provide you with all of the details about community property.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

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Same sex marriages may take place in some US states, but not others. Find out which states allow the marriage and benefits that go with it before tying the knot.

“Rather than make a major error by getting married in a state that does not recognize same sex unions, it’s wise to spend some time researching the matter. This will let you choose a state where unions like this are acceptable. Also make sure you find out if you need to be a citizen of that state as well,” said Gerald A. Maggio, an Orange County family lawyer.

Partners that want a legally recognized union and any benefits that go with it should aim to get married in New Hampshire, Connecticut, New Jersey and Vermont. These states will allow same sex civil unions and accord them with the same legal rights and obligations as marriages.

“A handful of states also offer limited same sex civil unions, but you need to check to see if you must be a resident of that state. In many cases, the states offering civil unions, as opposed to legal marriages, insist the people involved be citizens of that state,” Maggio explained. Things are very different in California and Massachusetts, where same sex couples may get legally married, just the same way a heterosexual couple would and thus get the same legal rights.

“Be aware that California will legally marry any couple from any state, but in Massachusetts, this isn’t the case. You need to live there to get married,” Maggio outlined. When it comes down to the date, time and place, if a same sex marriage is the goal, getting hitched in California may be the best option, as if offers much greater flexibility in circumstances like this.

There are some California counties that won’t sanction same sex marriage, but these same counties also can’t perform a wedding for a heterosexual couple either, or they may face charges of discrimination. Doing due diligence on wedding locations is a smart idea. So is researching the various fees in different counties and their operating hours.

“There is no problem when it comes to the paperwork for a same sex marriage, as it’s the same as for other marriages, but for the fact the papers don’t say bride and groom, but instead, Party A and B. Bring photo ID and if there is a divorce involved in the history of one or both of the partners, bring the divorce papers. There is no requirement in California for a blood test or health check,” commented Maggio.

Same sex marriage should not be confused with domestic partnerships, something that needs to be discussed in detail with a dedicated and skilled family law attorney.

Gerald A. Maggio is senior partner of The Maggio Law Firm, Inc., an Orange County and Riverside Divorce and Family Law firm headquartered in Irvine, California.  The Maggio Law Firm is experienced in all aspects of divorce and family law matters, including child custody, child support, spousal support, complicated high asset marital property cases, and domestic partnerships.

To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.

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Stalking is one of the most frightening behaviors a person may experience. One out of every twelve women and one out of every forty-five men will be stalked at least once during their lives.

Stalking in the 21^st century isn’t just what we have come to associate as being the “typical” stalker-like behavior. Now, thanks to the advent of the Internet, there is also a category of stalker referred to as cyber stalkers. It too is illegal, and it is a great deal more difficult to catch and prosecute an online stalker.

The typical definition of a stalker refers to a person who wants to force a relationship on a victim. In most instances, the relationship is not wanted, which is usually the trigger for the stalking behavior; actions that include vandalizing the victim’s property, threatening or harassing the victim, obsessive messaging either by cell phone or online, or obsessive phone calling at all hours of the day and night. Some stalkers define their modus operandi by delivering certain types of gifts that they know will upset their target.

Stalking is one of the most gut-wrenching experiences any man or woman will ever go through. The feeling of fear, loss of control of their lives, the physical stress and anxiety, and the emotional rollercoaster many victims ride while being stalked takes a significant toll on their health and mental well-being. Victims may experience extreme fatigue, depression, intense fear, anger, anxiety, insomnia, PTSD, overwhelming helplessness, and yo-yo weight problems.

In some instances, stalkers don’t realize what they are doing; don’t understand that they are doing something wrong. Their perception is that they are doing something that other person should like and don’t comprehend why their advances are met with such violent reactions. Put another way, they are ignorant as to how their actions affect others. Nonetheless, stalking in California is still illegal. In fact, California was the first state to make stalking a criminal act in 1990.

The rest of the states now have similar laws in place to deal with stalkers, however each state also approaches the definition of a criminal act differently. For instance, some states call stalking illegal only if the stalker endangers or threatens the victim. There are also 13 states that charge the first count of stalking as a misdemeanor and subsequent charges as felonies. It’s best to ask a qualified attorney what laws are applicable to stalkers in your state. Shockingly, every year, there are approximately 2 million felony and 4 million misdemeanor stalking charges.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange County divorce lawyer, Gerald A. Maggio visit Maggiolawfirm.com.

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The next step after service of the Summons and Petition for Marital Dissolution and the Response thereto is for both parties to complete and exchange their own “Preliminary Declaration of Disclosure.”

Both parties in a California divorce are required to disclose detailed, accurate information to the other about their respective incomes, expenses, property (both marital and separate property) and all debts and obligations. There mutual disclosures are called the parties’ “Preliminary Declaration of Disclosure”. The formal disclosures are signed under penalty of perjury. A Final Declaration of Disclosure can be completed at approximately the time of trial or settlement in the case unless the parties mutually agree in writing to waive such final disclosure.

These Declarations of Disclosure consist of special forms required by the court, and except for proof that the parties served each other with such forms, these forms are otherwise not filed with the court. The 4 forms that generally comprise the Declaration of Disclosure are:

1. Declaration of Disclosure (Form FL-140)
2. Income and Expense Declaration (Form FL-150)
3. Schedule of Assets and Debts (Form FL-142)
4. Declaration of Service of Declaration of Disclosure (Form FL-141)

The purpose of such financial disclosures is to make settlement negotiations easier to proceed because of the generally clear picture of the parties’ financial situation given by such formal disclosure. Moreover, it protects the parties in the event that either spouse failed to disclose all assets.

California law requires that the disclosure documents be completed and served twice, once at the beginning of the divorce (Preliminary) and then again near the end of the case immediately prior to trial or judgment (Final). However, the parties can agree to waive service of the final Declaration of Disclosure, as long as such a waiver is in writing on the appropriate legal paperwork.

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In any California child custody case, including divorce and separation cases, whenever an Order to Show Cause (OSC) hearing addressing child custody and visitation issues are filed, the Court will order that the parties attend mediation at no cost through the court’s mediation department prior to the Order the Show Cause hearing date. Although the law requires that the parents participate in mediation, there is not a requirement that they reach an agreement.

Mediation is intended to reduce conflict between the parties by encouraging cooperation and assisting parents in creating their own parenting plan the meet the needs of their children with their best interests in mind.

The court mediators are generally trained professionals who have at least a Master’s Degree, have extensive experience in psychology and marital/family counseling and are trained in conflict resolution.

In mediation, the mediator meets with the parties wither together and/or individually. If there has been domestic violence between the parties, the mediation is usually held in separate sessions with each parent for safety reasons and to avoid any appearance of intimidation.

The mediator works to assist the parties in focusing on parenting arrangements that are in the best interests of their children and can put together a partial or full parenting agreement schedule (including legal custody, parenting plans, holiday and vacation schedules, transportation and other issues) depending on what the parties are able to agree upon in mediation.

Parents can sometimes resolve all of their parenting issues in mediation, sometimes only a partial agreement can be reached, and otherwise no agreement is reached. Mediators only draft agreements that are acceptable to both parties. If the mediation agreement is still agreeable to both parties at the time of the Order to Show Cause hearing, in can be adopted and incorporated into a court order.

Only the parties attend mediation, with no attorneys, spouses or other family members present, although a second session can sometimes be requested so that the mediator can speak with the parties’ children, if it is believed that such feedback would be helpful in assisting the parties to develop parenting plans.

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In Orange County, mediations are merely efforts for the parties to meet face-to-face without their attorneys to attempt to resolve such issues. Mediators in Orange County do not make recommendations to the Court of parenting plans.

However, in Riverside County and other Inland Empire Family Courts, the court mediator can make recommendations regarding child custody and visitation that the Court judge will very likely give substantial consideration to in making court orders.

Mediators in all California Custody cases are allowed under law to make recommendations to the Court where there are allegations of domestic violence, drug and/or alcohol abuse, and other concerns of the mediator affecting the welfare and best interests of the children. Such recommendations can include an emergency child custody evaluation, a domestic violence investigation, a full psychological child custody evaluation, or the appointment of a “minor’s counsel,” who is a private attorney appointed to represent and protect the best interests of the minor children.

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